Texas 2017 - 85th Regular

Texas Senate Bill SB314 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Schwertner, et al. S.B. No. 314
2		-	(Flynn)
	1	+	S.B. No. 314
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the continuation and functions of the Texas Optometry
8	6		Board; authorizing a reduction in fees.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 351.004, Occupations Code, is amended to
11	9		read as follows:
12	10		Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board
13	11		is subject to Chapter 325, Government Code (Texas Sunset Act).
14	12		Unless continued in existence as provided by that chapter, the
15	13		board is abolished and this chapter expires September 1, 2029
16	14		[2017].
17	15		SECTION 2. Section 351.059, Occupations Code, is amended by
18	16		amending Subsection (c) and adding Subsection (e) to read as
19	17		follows:
20	18		(c) The training program must provide the person with
21	19		information regarding:
22	20		(1) the law governing board operations [the
23	21		legislation that created the board and the legislation that created
24	22		the Contact Lens Prescription Act];
25	23		(2) the board's programs, functions, rules, and
26	24		budget;
27	25		(3) the scope of and limitations on the rulemaking
28	26		authority of the board;
29	27		(4) the types of board rules, interpretations, and
30	28		enforcement actions that may implicate federal antitrust law by
31	29		limiting competition or impacting prices charged by persons engaged
32	30		in a profession or business the board regulates, including rules,
33	31		interpretations, and enforcement actions that:
34	32		(A) regulate the scope of practice of persons in
35	33		a profession or business the board regulates;
36	34		(B) restrict advertising by persons in a
37	35		profession or business the board regulates;
38	36		(C) affect the price of goods or services
39	37		provided by persons in a profession or business the board
40	38		regulates; and
41	39		(D) restrict participation in a profession or
42	40		business the board regulates;
43	41		(5) the results of the most recent formal audit of the
44	42		board;
45	43		(6) [(4)] the requirements of:
46	44		(A) laws relating to open meetings, public
47	45		information, administrative procedures, and disclosure of
48	46		conflicts-of-interest; and
49	47		(B) other laws applicable to members of the board
50	48		in performing their duties; and
51	49		(7) [(5)] any applicable ethics policies adopted by
52	50		the board or the Texas Ethics Commission.
53	51		(e) The executive director of the board shall create a
54	52		training manual that includes the information required by
55	53		Subsection (c). The executive director shall distribute a copy of
56	54		the training manual annually to each board member. On receipt of
57	55		the training manual, each board member shall sign and submit to the
58	56		executive director a statement acknowledging receipt of the
59	57		training manual.
60	58		SECTION 3. Section 351.154(b), Occupations Code, is amended
61	59		to read as follows:
62	60		(b) The board shall deposit in the University of Houston
63	61		development fund 15 percent of each [annual] renewal fee collected
64	62		by the board under Section 351.152. The money paid to that fund
65	63		under this subsection may be used solely for scholarships or
66	64		improvements in the physical facilities, including library
67	65		facilities, of the College of Optometry.
68	66		SECTION 4. Section 351.163(d), Occupations Code, is amended
69	67		to read as follows:
70	68		(d) The executive director shall number and record each
71	69		license or [annual] renewal certificate issued by the board.
72	70		SECTION 5. The heading to Section 351.2045, Occupations
73	71		Code, is amended to read as follows:
74	72		Sec. 351.2045. CONFIDENTIALITY OF COMPLAINTS, ADVERSE
75	73		REPORTS, INVESTIGATION FILES, AND OTHER INFORMATION.
76	74		SECTION 6. Section 351.2045, Occupations Code, is amended
77	75		by amending Subsection (a) and adding Subsections (c-1) and (f) to
78	76		read as follows:
79	77		(a) Each complaint, adverse report, investigation file, and
80	78		other investigation report and all other investigative information
81	79		in the possession of or received or gathered by the board or the
82	80		board's employees or agents relating to a license holder, an
83	81		application for a license, or a criminal investigation or
84	82		proceeding is privileged and confidential and is [The board's
85	83		investigation files are confidential, privileged, and] not subject
86	84		to discovery, subpoena, or any other means of legal compulsion for
87	85		release to anyone other than [to] the board or an employee or agent
88	86		of the board involved in any disciplinary action relating to a
89	87		license holder.
90	88		(c-1) The board's providing of information under Subsection
91	89		(c) does not constitute a waiver of a privilege or confidentiality
92	90		under this chapter or any other law.
93	91		(f) The board shall protect the identity of a complainant to
94	92		the extent possible.
95	93		SECTION 7. Subchapter E, Chapter 351, Occupations Code, is
96	94		amended by adding Section 351.2046 to read as follows:
97	95		Sec. 351.2046. REQUIREMENTS FOR CERTAIN COMPLAINTS.
98	96		(a) In this section:
99	97		(1) "Anonymous complaint" means a complaint that lacks
100	98		sufficient information to identify the source or the name of the
101	99		person who filed the complaint.
102	100		(2) "Insurance agent" means a person licensed under
103	101		Chapter 4054, Insurance Code.
104	102		(3) "Insurer" means an insurance company or other
105	103		entity authorized to engage in the business of insurance under
106	104		Subtitle C, Title 6, Insurance Code.
107	105		(4) "Third-party administrator" means a person
108	106		required to have a certificate of authority under Chapter 4151,
109	107		Insurance Code.
110	108		(b) The board may not accept anonymous complaints.
111	109		(c) Notwithstanding any confidentiality requirements under
112	110		Chapter 552, Government Code, or this chapter, a complaint filed
113	111		with the board by an insurance agent, insurer, pharmaceutical
114	112		company, or third-party administrator against a license holder must
115	113		include the name and address of the insurance agent, insurer,
116	114		pharmaceutical company, or third-party administrator filing the
117	115		complaint.
118	116		(d) Not later than the 15th day after the date the complaint
119	117		is filed with the board, the board shall notify the license holder
120	118		who is the subject of the complaint of the name and address of the
121	119		insurance agent, insurer, pharmaceutical company, or third-party
122	120		administrator who filed the complaint, unless the notice would
123	121		jeopardize an investigation.
124	122		SECTION 8. Section 351.254(a), Occupations Code, is amended
125	123		to read as follows:
126	124		(a) An applicant is eligible to take the licensing
127	125		examination if the applicant provides to the executive director, on
128	126		a form provided by the board, information the board considers
129	127		necessary to enforce this chapter, including satisfactory [sworn]
130	128		evidence that the applicant:
131	129		(1) has attained the age of majority;
132	130		(2) [is of good moral character;
133	131		[(3)] has a preliminary education equivalent to one
134	132		that would permit the applicant to enroll in The University of
135	133		Texas; and
136	134		(3) [(4)] has attended and graduated from a reputable
137	135		college of optometry that meets board requirements.
138	136		SECTION 9. Subchapter F, Chapter 351, Occupations Code, is
139	137		amended by adding Sections 351.2525 and 351.2526 to read as
140	138		follows:
141	139		Sec. 351.2525. CRIMINAL HISTORY RECORD INFORMATION FOR
142	140		LICENSE ISSUANCE. (a) The board shall require that an applicant
143	141		for a license submit a complete and legible set of fingerprints, on
144	142		a form prescribed by the board, to the board or to the Department of
145	143		Public Safety for the purpose of obtaining criminal history record
146	144		information from the Department of Public Safety and the Federal
147	145		Bureau of Investigation.
148	146		(b) The board may not issue a license to a person who does
149	147		not comply with the requirement of Subsection (a).
150	148		(c) The board shall conduct a criminal history record
151	149		information check of each applicant for a license using
152	150		information:
153	151		(1) provided by the individual under this section; and
154	152		(2) made available to the board by the Department of
155	153		Public Safety, the Federal Bureau of Investigation, and any other
156	154		criminal justice agency under Chapter 411, Government Code.
157	155		(d) The board may:
158	156		(1) enter into an agreement with the Department of
159	157		Public Safety to administer a criminal history record information
160	158		check required under this section; and
161	159		(2) authorize the Department of Public Safety to
162	160		collect from each applicant the costs incurred by the Department of
163	161		Public Safety in conducting the criminal history record information
164	162		check.
165	163		Sec. 351.2526. REVIEW OF NATIONAL PRACTITIONER DATABASE.
166	164		The board shall establish a process to review at least one national
167	165		practitioner database to determine whether another state has taken
168	166		any disciplinary or other legal action against an applicant or
169	167		license holder before issuing an initial or renewal license under
170	168		this chapter.
171	169		SECTION 10. The heading to Section 351.301, Occupations
172	170		Code, is amended to read as follows:
173	171		Sec. 351.301. [ANNUAL] RENEWAL CERTIFICATE.
174	172		SECTION 11. Section 351.301(a), Occupations Code, is
175	173		amended to read as follows:
176	174		(a) A person required by this subchapter to hold a [an
177	175		annual] renewal certificate may not practice optometry or
178	176		therapeutic optometry without the certificate.
179	177		SECTION 12. Section 351.302, Occupations Code, is amended
180	178		by amending Subsection (a) and adding Subsection (a-1) to read as
181	179		follows:
182	180		(a) A license under this chapter is valid for a term of one
183	181		or two years as determined by board rule.
184	182		(a-1) The board by rule may adopt a system under which
185	183		licenses expire on various dates during the year. The board shall
186	184		adjust the final dates for payment, the dates for notice of
187	185		nonpayment, and the dates for license cancellation accordingly.
188	186		SECTION 13. Sections 351.304(a) and (b), Occupations Code,
189	187		are amended to read as follows:
190	188		(a) Not later than the date [January 1 of each year or as
191	189		otherwise] provided under Section 351.302, an optometrist or
192	190		therapeutic optometrist shall pay to the board a [an annual]
193	191		renewal fee for the renewal of a license to practice optometry or
194	192		therapeutic optometry [for the year]. A person may renew an
195	193		unexpired license by paying the required renewal fee to the board
196	194		before the license expiration date.
197	195		(b) A person whose license has been expired for 90 days or
198	196		less may renew the license by paying to the board a renewal fee that
199	197		is equal to one and one-half times the [annual] renewal fee set by
200	198		the board under Section 351.152. If a person's license has been
201	199		expired for more than 90 days but less than one year, the person may
202	200		renew the license by paying to the board a renewal fee that is equal
203	201		to two times the [annual] renewal fee set by the board under Section
204	202		351.152.
205	203		SECTION 14. Subchapter G, Chapter 351, Occupations Code, is
206	204		amended by adding Section 351.3045 to read as follows:
207	205		Sec. 351.3045. CRIMINAL HISTORY RECORD INFORMATION
208	206		REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
209	207		license issued under this chapter shall submit a complete and
210	208		legible set of fingerprints for purposes of performing a criminal
211	209		history record information check of the applicant as provided by
212	210		Section 351.2525.
213	211		(b) The board may administratively suspend or refuse to
214	212		renew the license of a person who does not comply with the
215	213		requirement of Subsection (a).
216	214		(c) A license holder is not required to submit fingerprints
217	215		under this section for the renewal of the license if the license
218	216		holder has previously submitted fingerprints under:
219	217		(1) Section 351.2525 for the initial issuance of the
220	218		license; or
221	219		(2) this section as part of a prior license renewal.
222	220		SECTION 15. Section 351.305, Occupations Code, is amended
223	221		to read as follows:
224	222		Sec. 351.305. ISSUANCE OF CERTIFICATE. On receipt of the
225	223		required fees, the board shall issue a [an annual] renewal
226	224		certificate containing information from board records that the
227	225		board considers necessary for the proper enforcement of this
228	226		chapter, including the license number and the period [year] for
229	227		which the license is renewed.
230	228		SECTION 16. Section 351.309, Occupations Code, is amended
231	229		to read as follows:
232	230		Sec. 351.309. CONTINUING EDUCATION EXEMPTIONS. A person is
233	231		exempt from the continuing education requirements of Section
234	232		351.308 if the person:
235	233		(1) holds a license but does not practice optometry or
236	234		therapeutic optometry in this state;
237	235		(2) served in the regular armed forces of the United
238	236		States during part of the most recent license term [12 months
239	237		preceding the annual license renewal date];
240	238		(3) submits proof to the board that the person
241	239		suffered a serious or disabling illness or physical disability
242	240		preventing the person from complying with the requirements during
243	241		the most recent license term [12 months preceding the annual
244	242		license renewal date]; or
245	243		(4) was first licensed during the period [12 months]
246	244		preceding the [annual] license renewal date.
247	245		SECTION 17. Section 351.501, Occupations Code, is amended
248	246		by amending Subsection (a) and adding Subsection (d) to read as
249	247		follows:
250	248		(a) The [On the vote of five or more members, the] board may
251	249		refuse to issue a license to an applicant, revoke or suspend a
252	250		license, place on probation a person whose license has been
253	251		suspended, impose a fine, impose a stipulation, limitation, or
254	252		condition relating to continued practice, including conditioning
255	253		continued practice on counseling or additional education, or
256	254		reprimand a license holder if the board determines that:
257	255		(1) the applicant or license holder is guilty of
258	256		fraud, deceit, dishonesty, or misrepresentation in the practice of
259	257		optometry or therapeutic optometry or in seeking admission to that
260	258		practice;
261	259		(2) the applicant or license holder is unfit or
262	260		incompetent by reason of negligence;
263	261		(3) the applicant or license holder has been convicted
264	262		of a misdemeanor involving moral turpitude or a felony;
265	263		(4) the applicant or license holder has developed an
266	264		incapacity that prevents or could prevent the applicant or license
267	265		holder from practicing optometry or therapeutic optometry with
268	266		reasonable skill, competence, and safety to the public[:
269	267		[(A) is a habitual drunkard;
270	268		[(B) is addicted to the use of morphine, cocaine,
271	269		or other drugs having similar effect;
272	270		[(C) has become insane; or
273	271		[(D) has been found by a court to be of unsound
274	272		mind];
275	273		(5) the license holder has directly or indirectly
276	274		employed, hired, procured, or induced a person to practice
277	275		optometry or therapeutic optometry in this state without a license;
278	276		(6) the license holder has directly or indirectly
279	277		aided or abetted an unlicensed person in the practice of optometry
280	278		or therapeutic optometry;
281	279		(7) the license holder has placed the holder's license
282	280		at the disposal or service of, including lending, leasing, or
283	281		renting to, a person not licensed to practice optometry or
284	282		therapeutic optometry in this state;
285	283		(8) the applicant or license holder has wilfully or
286	284		repeatedly violated this chapter or a board rule adopted under this
287	285		chapter;
288	286		(9) the license holder has wilfully or repeatedly
289	287		represented to a member of the public that the license holder is
290	288		authorized or competent to cure or treat an eye disease beyond the
291	289		authorization granted by this chapter;
292	290		(10) the license holder has had the right to practice
293	291		optometry or therapeutic optometry suspended or revoked by a
294	292		federal agency for a cause that the board believes warrants that
295	293		action;
296	294		(11) the applicant or license holder has acted to
297	295		deceive, defraud, or harm the public;
298	296		(12) the applicant or license holder is guilty of
299	297		gross incompetence in the practice of optometry or therapeutic
300	298		optometry;
301	299		(13) the applicant or license holder has engaged in a
302	300		pattern of practice or other behavior demonstrating a wilful
303	301		provision of substandard care;
304	302		(14) the applicant or license holder has committed an
305	303		act of sexual abuse, misconduct, or exploitation with a patient or
306	304		has otherwise unethically or immorally abused the doctor-patient
307	305		relationship;
308	306		(15) the applicant or license holder has prescribed,
309	307		sold, administered, distributed, or given a drug legally classified
310	308		as a controlled substance or as an addictive or dangerous drug for
311	309		other than an accepted diagnostic or therapeutic purpose;
312	310		(16) the applicant or license holder has failed to
313	311		report to the board the relocation of the applicant's or license
314	312		holder's office not later than the 30th day after the date of
315	313		relocation, whether in or out of this state; or
316	314		(17) the license holder has practiced or attempted to
317	315		practice optometry while the license holder's license was
318	316		suspended.
319	317		(d) The board may refuse to issue a license to an applicant
320	318		or may revoke or suspend a license or place a license holder on
321	319		probation for a period determined by the board because of the
322	320		applicant's or license holder's violation of a law of this state,
323	321		other than this chapter, or a rule of another licensing board in
324	322		this state, or of a statute or rule of another state as determined
325	323		by a review conducted as provided by Section 351.2526, if the
326	324		violation constitutes a violation of the laws of this state or a
327	325		board rule.
328	326		SECTION 18. Subchapter K, Chapter 351, Occupations Code, is
329	327		amended by adding Section 351.5014 to read as follows:
330	328		Sec. 351.5014. SUBMISSION TO MENTAL OR PHYSICAL
331	329		EXAMINATION. (a) In enforcing Section 351.501(a)(4), the board or
332	330		an authorized agent of the board on probable cause, as determined by
333	331		the board or agent, shall request an applicant or license holder to
334	332		submit to a mental or physical examination by a physician or other
335	333		health care professional designated by the board. The board shall
336	334		adopt guidelines, in conjunction with persons interested in or
337	335		affected by this section, to enable the board to evaluate
338	336		circumstances in which an applicant or license holder may be
339	337		required to submit to an examination for mental or physical health
340	338		conditions, alcohol and substance abuse, or professional behavior
341	339		problems.
342	340		(b) If the applicant or license holder refuses to submit to
343	341		the examination under Subsection (a), the board shall issue an
344	342		order requiring the applicant or license holder to show cause why
345	343		the applicant or license holder will not submit to the examination.
346	344		The board shall schedule a hearing on the order not later than the
347	345		30th day after the date notice is served on the applicant or license
348	346		holder. The board shall notify the applicant or license holder of
349	347		the order and hearing by personal service or certified mail, return
350	348		receipt requested.
351	349		(c) At the hearing, the applicant or license holder and the
352	350		applicant's or license holder's attorney are entitled to present
353	351		testimony or other evidence to show why the applicant or license
354	352		holder should not be required to submit to the examination. The
355	353		applicant or license holder has the burden of proof to show why the
356	354		applicant or license holder should not be required to submit to the
357	355		examination.
358	356		(d) After the hearing, the board, as applicable, by order
359	357		shall require the applicant or license holder to submit to the
360	358		examination not later than the 60th day after the date of the order
361	359		or withdraw the request for examination.
362	360		SECTION 19. Section 351.152(c), Occupations Code, is
363	361		repealed.
364	362		SECTION 20. (a) Except as provided by Subsection (b) of
365	363		this section, Section 351.059, Occupations Code, as amended by this
366	364		Act, applies to a member of the Texas Optometry Board appointed
367	365		before, on, or after the effective date of this Act.
368	366		(b) A member of the Texas Optometry Board who, before the
369	367		effective date of this Act, completed the training program required
370	368		by Section 351.059, Occupations Code, as that law existed before
371	369		the effective date of this Act, is required to complete additional
372	370		training on the subjects added by this Act to the training program
373	371		as required by Section 351.059, Occupations Code, as amended by
374	372		this Act. A board member described by this subsection may not vote,
375	373		deliberate, or be counted as a member in attendance at a meeting of
376	374		the board held on or after December 1, 2017, until the member
377	375		completes the additional training.
378	376		SECTION 21. (a) As soon as possible after the effective
379	377		date of this Act, the Texas Optometry Board shall revise the board's
380	378		rules as necessary to implement Section 351.254(a), Occupations
381	379		Code, as amended by this Act.
382	380		(b) Not later than September 1, 2022, the Texas Optometry
383	381		Board shall obtain criminal history record information on each
384	382		person who, on the effective date of this Act, holds a license
385	383		issued under Chapter 351, Occupations Code, and did not undergo a
386	384		criminal history record information check based on the license
387	385		holder's fingerprints on initial application for the license. The
388	386		board may suspend the license of a license holder who does not
389	387		provide the criminal history record information as required by the
390	388		board and this subsection.
391	389		(c) The Texas Optometry Board may establish procedures to
392	390		implement a biennial renewal of licenses as provided by Subchapter
393	391		G, Chapter 351, Occupations Code, as amended by this Act.
394	392		SECTION 22. This Act takes effect September 1, 2017.
	393	+	______________________________ ______________________________
	394	+	President of the Senate Speaker of the House
	395	+	I hereby certify that S.B. No. 314 passed the Senate on
	396	+	April 19, 2017, by the following vote: Yeas 30, Nays 1.
	397	+	______________________________
	398	+	Secretary of the Senate
	399	+	I hereby certify that S.B. No. 314 passed the House on
	400	+	May 24, 2017, by the following vote: Yeas 144, Nays 4, two
	401	+	present not voting.
	402	+	______________________________
	403	+	Chief Clerk of the House
	404	+	Approved:
	405	+	______________________________
	406	+	Date
	407	+	______________________________
	408	+	Governor