By: Martinez (Senate Sponsor - Taylor of Collin) H.B. No. 442
(In the Senate - Received from the House April 24, 2017;
May 10, 2017, read first time and referred to Committee on Business &
Commerce; May 22, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 8, Nays 0;
May 22, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 442 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain professions,
including the online publication of home addresses of certain
occupational license holders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 403, Occupations Code, is
amended by adding Section 403.053 to read as follows:
Sec. 403.053. PUBLISHING LICENSE HOLDER HOME ADDRESS
PROHIBITED. (a) The department may not include the home address of
a person licensed under this chapter in a roster, registry, or other
database the department publishes on the department's Internet
website unless the person requests that the person's home address
appear in the roster, registry, or other database on the website. A
request under this subsection must be made in the manner prescribed
by the department.
(b) The home address of a person licensed under this chapter
that is included in a roster, registry, or other database the
department maintains is public information and is not excepted from
required disclosure under Chapter 552, Government Code.
SECTION 2. Section 501.059, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations;
(2) [this chapter and] the programs, functions, rules,
and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including rules,
interpretations, and enforcement actions that:
(A) regulate the scope of practice of persons in
a profession or business the board regulates;
(B) restrict advertising by persons in a
profession or business the board regulates;
(C) affect the price of goods or services
provided by persons in a profession or business the board
regulates; and
(D) restrict participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] 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; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive 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 executive director a
statement acknowledging receipt of the training manual.
SECTION 3. Sections 501.158(c) and (e), Occupations Code,
are amended to read as follows:
(c) The board shall issue an order requiring a [an applicant
or] person [seeking renewal of a provisional license] who refuses
to submit to an examination under this section to show cause for the
person's refusal at a hearing on the order scheduled for not later
than the 30th day after the date notice is served on the person. The
board shall provide notice under this section by personal service
or by registered mail, return receipt requested.
(e) Unless the request is withdrawn, the board may take
disciplinary action against a person who refuses to submit to the
physical or mental examination [may not take the provisional
license examination or renew the person's license, as appropriate].
SECTION 4. Sections 501.205(a) and (b), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (b), a complaint and
investigation [concerning a license holder] and all information and
materials compiled by the board in connection with the complaint
and investigation are not subject to:
(1) disclosure under Chapter 552, Government Code; or
(2) disclosure, discovery, subpoena, or other means of
legal compulsion for release of information to any person.
(b) A complaint or investigation [subject to Subsection
(a)] and all information and materials compiled by the board in
connection with the complaint may be disclosed to:
(1) the board and board employees or agents involved
in license holder discipline;
(2) a party to a disciplinary action against the
license holder or that party's designated representative;
(3) a law enforcement agency if required by law;
(4) a governmental agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined; or
(5) a legislative committee or committee staff
directed to make an inquiry regarding state hospitals or schools,
by either house of the legislature, the presiding officer of either
house of the legislature, or the chairman of the legislative
committee if the information or records that identify a patient or
client are not released for any purpose unless the patient consents
and the records are created by the state hospital or school or its
employees.
SECTION 5. The heading to Section 501.301, Occupations
Code, is amended to read as follows:
Sec. 501.301. LICENSE EXPIRATION AND RENEWAL.
SECTION 6. Section 501.301(a), Occupations Code, is amended
to read as follows:
(a) The board shall adopt rules providing for the expiration
and renewal of a [A] license issued under this chapter. The rules
must require a license be renewed annually or biennially [expires
on December 31 of the year following the date the license is issued
or renewed. A license of a psychological associate expires on May
31 of the year following the date the license is issued or renewed].
SECTION 7. Subchapter I, Chapter 501, Occupations Code, is
amended by adding Section 501.411 to read as follows:
Sec. 501.411. REMEDIAL PLAN. (a) The board may issue and
establish the terms of a remedial plan to resolve the investigation
of a complaint filed under this chapter.
(b) The board by rule shall establish the types of
complaints or violations that may be resolved with a remedial plan.
The rules must provide that a remedial plan may not be imposed to
resolve a complaint:
(1) involving conduct that poses a significant risk of
harm to a patient; or
(2) in which the appropriate resolution may involve
revoking, suspending, limiting, or restricting a person's license.
(c) A remedial plan may not contain a provision that:
(1) revokes, suspends, limits, or restricts a person's
license; or
(2) assesses an administrative penalty against a
person.
(d) The board may not issue a remedial plan to resolve a
complaint against a license holder if the license holder has
previously entered into a remedial plan with the board for the
resolution of a different complaint filed under this chapter.
(e) The board may assess a fee against a license holder
participating in a remedial plan in an amount necessary to recover
the costs of administering the plan.
SECTION 8. Section 502.059, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations [this chapter];
(2) the programs, [operated by the board;
[(3) the role and] functions, [of the board;
[(4) the] rules, and [of the board, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
[(5) the current] budget of [for] the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including rules,
interpretations, and enforcement actions that:
(A) regulate the scope of practice of persons in
a profession or business the board regulates;
(B) restrict advertising by persons in a
profession or business the board regulates;
(C) affect the price of goods or services
provided by persons in a profession or business the board
regulates; and
(D) restrict participation in a profession or
business the board regulates;
(5) [(6)] the results of the most recent formal audit
of the board;
(6) [(7)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts
[conflict] of interest; and
(B) other laws applicable to members of the board
in performing their duties; and
(7) [(8)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive 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 executive director a
statement acknowledging receipt of the training manual.
SECTION 9. Section 502.252(c), Occupations Code, is amended
to read as follows:
(c) An applicant is eligible to apply for a license as a
licensed marriage and family therapist if the person:
(1) meets the requirements of Subsection (b);
(2) after receipt of a degree described by Subsection
(b)(4), has completed two years of work experience in marriage and
family therapist services that includes at least 3,000 hours of
clinical practice consisting of [which:
[(A)] at least 1,500 hours [consist] of direct
clinical services, including a minimum number of [; and (B) at
least 750] hours providing [consist of] direct clinical services to
couples or families as required by board rule; and
(3) has completed, in a manner acceptable to the
board, at least 200 hours of supervised provision of direct
clinical services by the applicant, 100 hours of which must be
supervised on an individual basis.
SECTION 10. Section 503.110, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing board operations;
(2) [this chapter and] the [board's] programs,
functions, rules, and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including rules,
interpretations, and enforcement actions that:
(A) regulate the scope of practice of persons in
a profession or business the board regulates;
(B) restrict advertising by persons in a
profession or business the board regulates;
(C) affect the price of goods or services
provided by persons in a profession or business the board
regulates; and
(D) restrict participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] 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; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive 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 executive director a
statement acknowledging receipt of the training manual.
SECTION 11. Section 503.207, Occupations Code, is amended
by adding Subsections (c) and (d) to read as follows:
(c) The board may not include the home address of a person
licensed under this chapter in a registry the board publishes on the
board's Internet website unless the person requests that the
person's home address appear in the registry on the website. A
request under this subsection must be made in the manner prescribed
by the board.
(d) The home address of a person licensed under this chapter
that is included in the registry the board prepares under this
section is public information and is not excepted from required
disclosure under Chapter 552, Government Code.
SECTION 12. Section 504.055, Occupations Code, is amended
by adding Subsections (e) and (f) to read as follows:
(e) The department may not include the home address of a
person licensed by the department in a roster the department
publishes on the department's Internet website unless the person
requests that the person's home address appear in the roster on the
website. A request under this subsection must be made in the manner
prescribed by the department.
(f) The home address of a person licensed under this chapter
that is included in a roster the department prepares under this
section is public information and is not excepted from required
disclosure under Chapter 552, Government Code.
SECTION 13. Section 505.109, Occupations Code, is amended
by amending Subsection (b) and adding Subsection (d) to read as
follows:
(b) The training program must provide the person with
information regarding:
(1) the law governing [legislation that created the]
board operations;
(2) [and] the [board's] programs, functions, rules,
and budget of the board;
(3) the scope of and limitations on the rulemaking
authority of the board;
(4) the types of board rules, interpretations, and
enforcement actions that may implicate federal antitrust law by
limiting competition or impacting prices charged by persons engaged
in a profession or business the board regulates, including rules,
interpretations, and enforcement actions that:
(A) regulate the scope of practice of persons in
a profession or business the board regulates;
(B) restrict advertising by persons in a
profession or business the board regulates;
(C) affect the price of goods or services
provided by persons in a profession or business the board
regulates; and
(D) restrict participation in a profession or
business the board regulates;
(5) [(2)] the results of the most recent formal audit
of the board;
(6) [(3)] 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; and
(7) [(4)] any applicable ethics policies adopted by
the board or the Texas Ethics Commission.
(d) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive 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 executive director a
statement acknowledging receipt of the training manual.
SECTION 14. Section 505.205, Occupations Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) The board may not include the home address of a person
licensed under this chapter in a roster the board publishes on the
board's Internet website unless the person requests that the
person's home address appear in the roster on the website. A
request under this subsection must be made in the manner prescribed
by the board.
(e) The home address of a person licensed under this chapter
that is included in the roster the board prepares under this section
is public information and is not excepted from required disclosure
under Chapter 552, Government Code.
SECTION 15. The following provisions of the Occupations
Code are repealed:
(1) Section 501.152(b);
(2) Section 502.153(b);
(3) Section 503.202(b); and
(4) Section 505.203(b).
SECTION 16. (a) Except as provided by Subsection (b) of
this section, Sections 501.059, 502.059, 503.110, and 505.109,
Occupations Code, as amended by this Act, apply to a member of the
applicable board appointed before, on, or after the effective date
of this Act.
(b) A member of a board who, before the effective date of
this Act, completed the training program required by Section
501.059, 502.059, 503.110, or 505.109, Occupations Code, as the
applicable law existed before the effective date of this Act, is
required to complete additional training only on the subjects added
by this Act to the training program required by Section 501.059,
502.059, 503.110, or 505.109, Occupations Code, as applicable. A
board member described by this subsection may not vote, deliberate,
or be counted as a member in attendance at a meeting of the board
held on or after December 1, 2017, until the member completes the
additional training.
SECTION 17. Section 502.252, Occupations Code, as amended
by this Act, applies only to an application for a license submitted
on or after the date on which rules adopted by the Texas State Board
of Examiners of Marriage and Family Therapists under that section
take effect. An application submitted before that date is governed
by the law in effect immediately before the effective date of this
Act, and the former law is continued in effect for that purpose.
SECTION 18. This Act takes effect September 1, 2017.
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