Texas 2017 - 85th Regular

Texas Senate Bill SB318 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9185 JCG-D
2	2	By: Schwertner, et al. S.B. No. 318
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to transfer of the regulation of podiatry to the Texas
8	8	Department of Licensing and Regulation; authorizing a reduction in
9	9	fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 51, Occupations Code, is
12	12	amended by adding Section 51.2032 to read as follows:
13	13	Sec. 51.2032. RULES REGARDING PODIATRY; PROVISION OF
14	14	INFORMATION. (a) In this section, "advisory board" means the
15	15	Podiatric Medical Examiners Advisory Board.
16	16	(b) The commission may not adopt a new rule relating to the
17	17	scope of practice of or a health-related standard of care for
18	18	podiatry unless the rule has been proposed by the advisory board.
19	19	The commission shall adopt rules prescribing the procedure by which
20	20	the advisory board may propose rules described by this subsection.
21	21	(c) For each rule proposed under Subsection (b), the
22	22	commission shall either adopt the rule as proposed or return the
23	23	rule to the advisory board for revision. The commission retains
24	24	authority for final adoption of all rules and is responsible for
25	25	ensuring compliance with all laws regarding the rulemaking process.
26	26	(d) The commission shall adopt rules clearly specifying the
27	27	manner in which the department and commission will solicit input
28	28	from, and on request provide information to, the advisory board
29	29	regarding the general investigative, enforcement, or disciplinary
30	30	procedures of the department or commission.
31	31	SECTION 2. Section 202.001(a), Occupations Code, is amended
32	32	by amending Subdivisions (1) and (2) and adding Subdivisions (1-a)
33	33	and (1-b) to read as follows:
34	34	(1) "Advisory board" ["Board"] means the Podiatric
35	35	Medical Examiners Advisory Board [Texas State Board of Podiatric
36	36	Medical Examiners].
37	37	(1-a) "Commission" means the Texas Commission of
38	38	Licensing and Regulation.
39	39	(1-b) "Department" means the Texas Department of
40	40	Licensing and Regulation.
41	41	(2) "Executive director" means the executive director
42	42	of the Texas Department of Licensing and Regulation [employee of
43	43	the board who manages the board's day-to-day operations].
44	44	SECTION 3. The heading to Subchapter B, Chapter 202,
45	45	Occupations Code, is amended to read as follows:
46	46	SUBCHAPTER B. [TEXAS STATE BOARD OF] PODIATRIC MEDICAL EXAMINERS
47	47	ADVISORY BOARD
48	48	SECTION 4. Section 202.051(a), Occupations Code, is amended
49	49	to read as follows:
50	50	(a) The [Texas State Board of] Podiatric Medical Examiners
51	51	Advisory Board consists of nine members appointed by the governor
52	52	as follows:
53	53	(1) six members who are licensed in this state to
54	54	practice podiatry and [are reputable practicing podiatrists who
55	55	have resided in this state and] have been actively engaged in the
56	56	practice of podiatry for the five years preceding appointment; and
57	57	(2) three members who represent the public.
58	58	SECTION 5. Section 202.053, Occupations Code, is amended to
59	59	read as follows:
60	60	Sec. 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not
61	61	eligible for appointment as a public member of the advisory board if
62	62	the person or the person's spouse:
63	63	(1) is registered, certified, or licensed by an
64	64	occupational regulatory agency in the field of health care;
65	65	(2) is employed by or participates in the management
66	66	of a business entity or other organization regulated by the
67	67	department [board] or receiving funds from the department [board];
68	68	(3) owns or controls, directly or indirectly, more
69	69	than a 10 percent interest in a business entity or other
70	70	organization regulated by the department [board] or receiving funds
71	71	from the department [board]; or
72	72	(4) uses or receives a substantial amount of tangible
73	73	goods, services, or funds from the department [board], other than
74	74	[compensation or] reimbursement authorized by law for advisory
75	75	board membership, attendance, or expenses.
76	76	SECTION 6. Sections 202.054(b) and (c), Occupations Code,
77	77	are amended to read as follows:
78	78	(b) A person may not be a member of the advisory board [and
79	79	may not be a board employee employed in a "bona fide executive,
80	80	administrative, or professional capacity," as that phrase is used
81	81	for purposes of establishing an exemption to the overtime
82	82	provisions of the federal Fair Labor Standards Act of 1938 (29
83	83	U.S.C. Section 201 et seq.)] if:
84	84	(1) the person is an officer, employee, or paid
85	85	consultant of a Texas trade association in the field of health care;
86	86	or
87	87	(2) the person's spouse is an officer, manager, or paid
88	88	consultant of a Texas trade association in the field of health care.
89	89	(c) A person may not be a member of the advisory board [or
90	90	act as the general counsel to the board] if the person is required
91	91	to register as a lobbyist under Chapter 305, Government Code,
92	92	because of the person's activities for compensation on behalf of a
93	93	profession related to the operation of the advisory board.
94	94	SECTION 7. Section 202.055, Occupations Code, is amended to
95	95	read as follows:
96	96	Sec. 202.055. TERMS; VACANCIES. (a) Members of the
97	97	advisory board serve staggered six-year terms, with the term of
98	98	three members expiring on February 1 of each odd-numbered year. At
99	99	the expiration of the term of each member, the governor shall
100	100	appoint a successor.
101	101	(b) If a vacancy occurs during a term, the governor shall
102	102	appoint a replacement who meets the qualifications of the vacated
103	103	position to serve for the remainder of the term.
104	104	SECTION 8. Section 202.056, Occupations Code, is amended to
105	105	read as follows:
106	106	Sec. 202.056. GROUNDS FOR REMOVAL. (a) It is a ground for
107	107	removal from the advisory board that a member:
108	108	(1) does not have at the time of taking office the
109	109	qualifications required by Section 202.051 or 202.053;
110	110	(2) does not maintain during service on the advisory
111	111	board the qualifications required by Section 202.051 or 202.053;
112	112	(3) is ineligible for membership under Section
113	113	202.054;
114	114	(4) cannot, because of illness or disability,
115	115	discharge the member's duties for a substantial part of the member's
116	116	term; or
117	117	(5) is absent from more than half of the regularly
118	118	scheduled advisory board meetings that the member is eligible to
119	119	attend during a calendar year unless the absence is excused by a
120	120	majority vote of the advisory board.
121	121	(b) The validity of an action of the advisory board is not
122	122	affected by the fact that the action is taken when a ground for
123	123	removal of an advisory [a] board member exists.
124	124	(c) If the executive director has knowledge that a potential
125	125	ground for removal exists, the executive director shall notify the
126	126	[president of the board of the potential ground. The president
127	127	shall then notify the] governor and the attorney general that a
128	128	potential ground for removal exists. [If the potential ground for
129	129	removal involves the president, the executive director shall notify
130	130	the next highest ranking officer of the board, who shall then notify
131	131	the governor and the attorney general that a potential ground for
132	132	removal exists.]
133	133	SECTION 9. Section 202.057, Occupations Code, is amended to
134	134	read as follows:
135	135	Sec. 202.057. COMPENSATION [PER DIEM]; REIMBURSEMENT OF
136	136	EXPENSES. An advisory board member may not receive compensation
137	137	but is entitled to [(a) Each board member is entitled to a per diem
138	138	as set by legislative appropriation for each day the member engages
139	139	in the business of the board.
140	140	[(b) A member may receive] reimbursement for actual and
141	141	necessary expenses incurred in performing the functions of the
142	142	advisory board, subject to [travel expenses, including expenses for
143	143	meals, lodging, and transportation, as prescribed by] the General
144	144	Appropriations Act.
145	145	[(c) The secretary of the board is entitled to reimbursement
146	146	for the secretary's necessary expenses incurred in the performance
147	147	of services for the board.]
148	148	SECTION 10. Section 202.058, Occupations Code, is amended
149	149	to read as follows:
150	150	Sec. 202.058. PRESIDING OFFICER [OFFICERS]. [(a)] The
151	151	governor shall appoint one [designate a member] of the advisory
152	152	board members to serve as presiding officer [the president] of the
153	153	advisory board at the pleasure of the governor. The presiding
154	154	officer may vote on any matter before the advisory board [to serve
155	155	in that capacity at the pleasure of the governor].
156	156	[(b) At the first regular scheduled meeting of each
157	157	biennium, the board shall elect from its members a vice president
158	158	and secretary.]
159	159	SECTION 11. Section 202.059(a), Occupations Code, is
160	160	amended to read as follows:
161	161	(a) The advisory board shall meet at the call of the
162	162	presiding officer of the commission or the executive director [hold
163	163	regular meetings at least twice a year and special meetings as
164	164	necessary. The board shall hold the meetings at times and places
165	165	the board considers most convenient for applicants for license
166	166	examinations].
167	167	SECTION 12. Section 202.061, Occupations Code, is amended
168	168	to read as follows:
169	169	Sec. 202.061. TRAINING. (a) A person who is appointed to
170	170	and qualifies for office as a member of the advisory board may not
171	171	vote, deliberate, or be counted as a member in attendance at a
172	172	meeting of the advisory board until the person completes a training
173	173	program that complies with this section.
174	174	(b) The training program must provide the person with
175	175	information regarding:
176	176	(1) this chapter;
177	177	(2) [and] the department's programs, functions, and
178	178	rules with respect to this chapter[, and budget of the board];
179	179	(3) [(2)] the results of the most recent formal audit
180	180	of the department with respect to this chapter [board];
181	181	(4) the scope and limitations on the rulemaking
182	182	authority of the advisory board;
183	183	(5) [(3)] the requirements of:
184	184	(A) laws relating to open meetings, public
185	185	information, administrative procedure, and disclosing conflicts of
186	186	interest; and
187	187	(B) other laws applicable to members of the
188	188	advisory board in performing the members' duties; and
189	189	(6) [(4)] any applicable ethics policies adopted by
190	190	the commission [board] or the Texas Ethics Commission.
191	191	(c) The executive director shall create a training manual
192	192	that includes the information required by Subsection (b). The
193	193	executive director shall distribute a copy of the training manual
194	194	annually to each advisory board member. On receipt of the training
195	195	manual, each advisory board member shall sign and submit to the
196	196	executive director a statement acknowledging receipt of the
197	197	training manual. [A person appointed to the board may be entitled
198	198	to reimbursement, as provided by the General Appropriations Act,
199	199	for the travel expenses incurred in attending the training program
200	200	regardless of whether the attendance at the program occurs before
201	201	or after the person qualifies for office.]
202	202	SECTION 13. Subchapter B, Chapter 202, Occupations Code, is
203	203	amended by adding Section 202.062 to read as follows:
204	204	Sec. 202.062. DUTIES OF ADVISORY BOARD. The advisory board
205	205	shall provide advice and recommendations to the department on
206	206	technical matters relevant to the administration of this chapter.
207	207	SECTION 14. The heading to Subchapter D, Chapter 202,
208	208	Occupations Code, is amended to read as follows:
209	209	SUBCHAPTER D. [BOARD] POWERS AND DUTIES
210	210	SECTION 15. Subchapter D, Chapter 202, Occupations Code, is
211	211	amended by adding Section 202.1515 to read as follows:
212	212	Sec. 202.1515. GENERAL POWERS AND DUTIES. (a) The
213	213	executive director shall administer and enforce this chapter.
214	214	(b) The commission shall adopt rules necessary to
215	215	administer and enforce this chapter.
216	216	SECTION 16. Section 202.160, Occupations Code, is amended
217	217	to read as follows:
218	218	Sec. 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At
219	219	least once each biennium, the department [board] shall provide to
220	220	license holders information on:
221	221	(1) prescribing and dispensing pain medications, with
222	222	particular emphasis on Schedule II and Schedule III controlled
223	223	substances;
224	224	(2) abusive and addictive behavior of certain persons
225	225	who use prescription pain medications;
226	226	(3) common diversion strategies employed by certain
227	227	persons who use prescription pain medications, including
228	228	fraudulent prescription patterns; and
229	229	(4) the appropriate use of pain medications and the
230	230	differences between addiction, pseudo-addiction, tolerance, and
231	231	physical dependence.
232	232	SECTION 17. Section 202.161, Occupations Code, is amended
233	233	to read as follows:
234	234	Sec. 202.161. POISON CONTROL CENTER INFORMATION. The
235	235	department [board] shall provide to license holders information
236	236	regarding the services provided by poison control centers.
237	237	SECTION 18. The heading to Subchapter E, Chapter 202,
238	238	Occupations Code, is amended to read as follows:
239	239	SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
240	240	PROCEDURES
241	241	SECTION 19. Subchapter E, Chapter 202, Occupations Code, is
242	242	amended by adding Section 202.2025 to read as follows:
243	243	Sec. 202.2025. COMPLAINT PRIORITY. The executive director
244	244	shall develop, implement, and enforce a written policy for
245	245	determining the complaints filed under this chapter that will be
246	246	given priority for investigation and resolution by the department.
247	247	SECTION 20. Subchapter E, Chapter 202, Occupations Code, is
248	248	amended by adding Sections 202.2031 and 202.2032 to read as
249	249	follows:
250	250	Sec. 202.2031. NOTIFICATION TO PARTIES REGARDING
251	251	COMPLAINT. (a) The department shall notify a license holder who is
252	252	the subject of a complaint filed with the department that a
253	253	complaint has been filed and shall notify the license holder of the
254	254	nature of the complaint.
255	255	(b) The department is not required to provide notice under
256	256	this section if the notice would jeopardize an investigation.
257	257	Sec. 202.2032. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
258	258	In this section:
259	259	(1) "Anonymous complaint" means a complaint that lacks
260	260	sufficient information to identify the source or the name of the
261	261	person who filed the complaint.
262	262	(2) "Insurance agent" means a person licensed under
263	263	Chapter 4054, Insurance Code.
264	264	(3) "Insurer" means an insurance company or other
265	265	entity authorized to engage in the business of insurance under
266	266	Subtitle C, Title 6, Insurance Code.
267	267	(4) "Third-party administrator" means a person
268	268	required to have a certificate of authority under Chapter 4151,
269	269	Insurance Code.
270	270	(b) The department may not accept anonymous complaints.
271	271	(c) Notwithstanding any confidentiality requirements under
272	272	Chapter 552, Government Code, or this chapter, a complaint filed
273	273	with the department by an insurance agent, insurer, pharmaceutical
274	274	company, or third-party administrator against a license holder must
275	275	include the name and address of the insurance agent, insurer,
276	276	pharmaceutical company, or third-party administrator filing the
277	277	complaint.
278	278	(d) Not later than the 15th day after the date the complaint
279	279	is filed with the department, the department shall notify the
280	280	license holder who is the subject of the complaint of the name and
281	281	address of the insurance agent, insurer, pharmaceutical company, or
282	282	third-party administrator who filed the complaint, unless the
283	283	notice would jeopardize an investigation.
284	284	SECTION 21. Sections 202.252(a), (b), (e), and (f),
285	285	Occupations Code, are amended to read as follows:
286	286	(a) An application for a license under this chapter must be
287	287	submitted in the manner and on a form prescribed by the executive
288	288	director [A person who desires to practice podiatry in this state
289	289	shall apply in writing to the board for a license on a form
290	290	prescribed by the board].
291	291	(b) The commission by rule shall establish the information
292	292	and documentation required to be submitted as part of an
293	293	application for a license under this chapter [applicant shall
294	294	submit any information reasonably required by the board], including
295	295	evidence satisfactory to the commission or department [board] that
296	296	the applicant:
297	297	(1) is at least 21 years of age;
298	298	(2) [is of good moral character;
299	299	[(3)] has completed at least 90 semester hours of
300	300	college courses acceptable at the time of completion for credit
301	301	toward a bachelor's degree at an institution of higher education
302	302	determined by the department to have acceptable standards [The
303	303	University of Texas];
304	304	(3) [(4)] is a graduate of a reputable school of
305	305	podiatry or chiropody; and
306	306	(4) [(5)] has successfully completed any other course
307	307	of training reasonably required by commission [board] rule relating
308	308	to the safe care and treatment of patients.
309	309	(e) All educational attainments or credits for evaluation
310	310	under this chapter must be completed within the United States. The
311	311	department [board] may not accept educational credits attained in a
312	312	foreign country that are not approved by the department [acceptable
313	313	to The University of Texas for credit toward a bachelor's degree].
314	314	(f) For purposes of this section, a podiatry or chiropody
315	315	school is reputable if:
316	316	(1) the course of instruction consists of four terms
317	317	of approximately eight months each, or the substantial equivalent;
318	318	and
319	319	(2) the school is approved by the department [board].
320	320	SECTION 22. Subchapter F, Chapter 202, Occupations Code, is
321	321	amended by adding Section 202.2525 to read as follows:
322	322	Sec. 202.2525. CRIMINAL HISTORY RECORD INFORMATION FOR
323	323	LICENSE ISSUANCE. (a) The department shall require that an
324	324	applicant for a license submit a complete and legible set of
325	325	fingerprints, on a form prescribed by the executive director, to
326	326	the department or to the Department of Public Safety for the purpose
327	327	of obtaining criminal history record information from the
328	328	Department of Public Safety and the Federal Bureau of
329	329	Investigation.
330	330	(b) The department may not issue a license to a person who
331	331	does not comply with the requirement of Subsection (a).
332	332	(c) The department shall conduct a criminal history record
333	333	information check of each applicant for a license using
334	334	information:
335	335	(1) provided by the individual under this section; and
336	336	(2) made available to the department by the Department
337	337	of Public Safety, the Federal Bureau of Investigation, and any
338	338	other criminal justice agency under Chapter 411, Government Code.
339	339	(d) The department may:
340	340	(1) enter into an agreement with the Department of
341	341	Public Safety to administer a criminal history record information
342	342	check required under this section; and
343	343	(2) authorize the Department of Public Safety to
344	344	collect from each applicant the costs incurred by the Department of
345	345	Public Safety in conducting the criminal history record information
346	346	check.
347	347	SECTION 23. Section 202.253, Occupations Code, is amended
348	348	to read as follows:
349	349	Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE. (a) The
350	350	commission may refuse to issue a license or certificate to a person
351	351	who violates this chapter, a rule adopted under this chapter, or an
352	352	order of the commission or executive director.
353	353	(a-1) The commission or department [board] may refuse to
354	354	admit a person to an examination, and may refuse to issue a license
355	355	to practice podiatry to a person, for:
356	356	(1) presenting [to the board] a license, certificate,
357	357	or diploma that was illegally or fraudulently obtained or engaging
358	358	in fraud or deception in passing the examination;
359	359	(2) being convicted of:
360	360	(A) a felony;
361	361	(B) a crime that involves moral turpitude; or
362	362	(C) an offense under Section 202.606;
363	363	(3) engaging in habits of intemperance or drug
364	364	addiction that in the department's [board's] opinion would endanger
365	365	the health, well-being, or welfare of patients;
366	366	(4) engaging in grossly unprofessional or
367	367	dishonorable conduct of a character that in the department's
368	368	[board's] opinion is likely to deceive or defraud the public;
369	369	(5) directly or indirectly violating or attempting to
370	370	violate this chapter or a rule adopted under this chapter as a
371	371	principal, accessory, or accomplice;
372	372	(6) using any advertising statement of a character
373	373	tending to mislead or deceive the public;
374	374	(7) advertising professional superiority or the
375	375	performance of professional service in a superior manner;
376	376	(8) purchasing, selling, bartering, or using or
377	377	offering to purchase, sell, barter, or use a podiatry degree,
378	378	license, certificate, diploma, or a transcript of a license,
379	379	certificate, or diploma, in or incident to an application [to the
380	380	board] for a license to practice podiatry;
381	381	(9) altering, with fraudulent intent, a podiatry
382	382	license, certificate, diploma, or a transcript of a podiatry
383	383	license, certificate, or diploma;
384	384	(10) using a podiatry license, certificate, or
385	385	diploma, or a transcript of a podiatry license, certificate, or
386	386	diploma, that has been fraudulently purchased, issued,
387	387	counterfeited, or materially altered;
388	388	(11) impersonating, or acting as proxy for, another
389	389	person in a podiatry license examination;
390	390	(12) impersonating a license holder, or permitting
391	391	another person to use the license holder's license to practice
392	392	podiatry in this state, to treat or offer to treat, by any method,
393	393	conditions and ailments of human feet;
394	394	(13) directly or indirectly employing a person whose
395	395	license to practice podiatry has been suspended or associating in
396	396	the practice of podiatry with a person whose license to practice
397	397	podiatry has been suspended or who has been convicted of the
398	398	unlawful practice of podiatry in this state or elsewhere;
399	399	(14) wilfully making in the application for a license
400	400	to practice podiatry a material misrepresentation or material
401	401	untrue statement;
402	402	(15) being unable to practice podiatry with reasonable
403	403	skill and safety to a patient because of age, illness, drunkenness,
404	404	or excessive use of drugs, narcotics, chemicals, or other
405	405	substances or as a result of a mental or physical condition;
406	406	(16) failing to practice podiatry in an acceptable
407	407	manner consistent with public health and welfare;
408	408	(17) being removed, suspended, or disciplined in
409	409	another manner by the podiatrist's peers in a professional podiatry
410	410	association or society, whether local, regional, state, or national
411	411	in scope, or being disciplined by a licensed hospital or the medical
412	412	staff of a hospital, including removal, suspension, limitation of
413	413	hospital privileges, or other disciplinary action, if the
414	414	commission or department [board] determines that the action was:
415	415	(A) based on unprofessional conduct or
416	416	professional incompetence likely to harm the public; and
417	417	(B) appropriate and reasonably supported by
418	418	evidence submitted to the association, society, hospital, or
419	419	medical staff; or
420	420	(18) having repeated or recurring meritorious health
421	421	care liability claims filed against the podiatrist that in the
422	422	commission's or department's [board's] opinion are evidence of
423	423	professional incompetence likely to injure the public.
424	424	(b) In enforcing Subsection (a-1)(15) [(a)(15)], the
425	425	department [board], on probable cause, shall request the affected
426	426	podiatrist to submit to a mental or physical examination by a
427	427	physician designated by the department [board]. If the podiatrist
428	428	refuses to submit to the examination, the commission or executive
429	429	director [board] shall issue an order requiring the podiatrist to
430	430	show cause why the podiatrist will not submit to the examination and
431	431	shall schedule a hearing on the order not later than the 30th day
432	432	after the date notice is served on the podiatrist. The podiatrist
433	433	shall be notified by either personal service or certified mail with
434	434	return receipt requested.
435	435	(c) At the hearing, the podiatrist and the podiatrist's
436	436	attorney may present testimony and other evidence to show why the
437	437	podiatrist should not be required to submit to the examination.
438	438	After a complete hearing, the commission or executive director
439	439	[board] shall issue an order either requiring the podiatrist to
440	440	submit to the examination or withdrawing the request for
441	441	examination.
442	442	SECTION 24. Sections 202.254(a), (b), and (c), Occupations
443	443	Code, are amended to read as follows:
444	444	(a) Except as provided by Section 202.261, each applicant
445	445	for a license to practice podiatry in this state must pass an
446	446	examination approved by the department [board]. [Each applicant
447	447	shall pay to the board an examination fee at least 15 days before
448	448	the date of the scheduled examination.]
449	449	(b) The department shall recognize, prepare, administer, or
450	450	arrange for the administration of an examination under this chapter
451	451	[board may adopt and enforce rules of procedure for administering
452	452	this section. A public board member may not participate in any part
453	453	of the examination process for applicants for a license issued by
454	454	the board that requires knowledge of the practice of podiatry].
455	455	(c) The license examination must consist of a written and
456	456	practical component. The department [board] shall determine the
457	457	passing score for the examination using accepted
458	458	criterion-referenced methods. The department [board] shall have
459	459	the examination validated by an independent testing professional.
460	460	SECTION 25. Section 202.257, Occupations Code, is amended
461	461	to read as follows:
462	462	Sec. 202.257. ISSUANCE OF LICENSE. The department [board]
463	463	shall issue a license to each applicant who possesses the
464	464	qualifications required for a license and passes the examination.
465	465	SECTION 26. Section 202.259(a), Occupations Code, is
466	466	amended to read as follows:
467	467	(a) The commission [board] by rule may adopt a procedure for
468	468	the issuance of a temporary license to an applicant other than an
469	469	applicant for a provisional license under Section 202.260.
470	470	SECTION 27. Sections 202.260(a), (b), (c), and (d),
471	471	Occupations Code, are amended to read as follows:
472	472	(a) On application, the department [board] shall grant a
473	473	provisional license to practice podiatry to an applicant who:
474	474	(1) is licensed in good standing as a podiatrist in
475	475	another state that has licensing requirements that are
476	476	substantially equivalent to the requirements of this chapter;
477	477	(2) has passed a national or other examination
478	478	recognized by the department [board] relating to the practice of
479	479	podiatry; and
480	480	(3) is sponsored by a person licensed under this
481	481	chapter with whom the provisional license holder may practice under
482	482	this section.
483	483	(b) The department [board] may excuse an applicant for a
484	484	provisional license from the requirement of Subsection (a)(3) if
485	485	the department [board] determines that compliance with that
486	486	subdivision [subsection] constitutes a hardship to the applicant.
487	487	(c) A provisional license is valid until the date the
488	488	department [board] approves or denies the provisional license
489	489	holder's application for a license. Except as provided by
490	490	Subsection (e), the department [board] shall issue a license under
491	491	this chapter to the holder of a provisional license under this
492	492	section if:
493	493	(1) the provisional license holder passes the
494	494	examination required by Section 202.254;
495	495	(2) the department [board] verifies that the
496	496	provisional license holder has the academic and experience
497	497	requirements for a license under this chapter; and
498	498	(3) the provisional license holder satisfies any other
499	499	license requirements under this chapter.
500	500	(d) The department [board] shall complete the processing of
501	501	a provisional license holder's application for a license not later
502	502	than the 180th day after the date the provisional license is issued.
503	503	The department [board] may extend that deadline to allow for the
504	504	receipt of pending examination results.
505	505	SECTION 28. Sections 202.261(a) and (b), Occupations Code,
506	506	are amended to read as follows:
507	507	(a) The department [board] may issue a license to practice
508	508	podiatry without administering the examination under Section
509	509	202.254 to a podiatrist who:
510	510	(1) at the time of applying for a license has accepted
511	511	an appointment or is serving as a full-time member of the faculty of
512	512	an educational institution in this state offering an approved or
513	513	accredited course of study or training leading to a degree in
514	514	podiatry;
515	515	(2) is licensed to practice podiatry in another state
516	516	that has licensing requirements substantially equivalent to those
517	517	established by this state; and
518	518	(3) otherwise satisfies the requirements of Section
519	519	202.252.
520	520	(b) For purposes of Subsection (a)(1), a course of study,
521	521	training, or education is considered to be approved or accredited
522	522	if it is approved or accredited by the department [board] as
523	523	constituting a reputable course of study, training, or education.
524	524	In deciding whether to approve or accredit a course of study,
525	525	training, or education, the department [board] shall consider
526	526	whether the course is approved or accredited by the Council on
527	527	Podiatric Medical Education of the American Podiatric Medical
528	528	Association or its successor organization.
529	529	SECTION 29. Section 202.262, Occupations Code, is amended
530	530	to read as follows:
531	531	Sec. 202.262. DISPLAY OF LICENSE. (a) A person licensed
532	532	under this chapter must conspicuously display both the license and
533	533	an unexpired [an annual] renewal certificate [for the current year
534	534	of practice] at the location where the person practices.
535	535	(b) The person shall exhibit the license and renewal
536	536	certificate to a department [board] representative on the
537	537	representative's official request for examination or inspection.
538	538	SECTION 30. Section 202.263, Occupations Code, is amended
539	539	to read as follows:
540	540	Sec. 202.263. ISSUANCE OF DUPLICATE OR AMENDED LICENSE.
541	541	(a) If a license issued by the department [board] is lost,
542	542	destroyed, or stolen from the person to whom it was issued, the
543	543	license holder shall report the fact to the department and [board in
544	544	an affidavit. The affidavit must] include detailed information as
545	545	to the loss, destruction, or theft, giving dates, place, and
546	546	circumstances.
547	547	(b) A license holder may apply to the department [board] for
548	548	an amended license because of a lawful change in the person's name
549	549	or degree designation or for any other lawful and sufficient
550	550	reason. The license holder must state the reasons that the issuance
551	551	of an amended license is requested.
552	552	(c) The department [board] shall issue a duplicate or
553	553	amended license on application by a license holder and payment of a
554	554	fee set by the commission [board] for the duplicate or amended
555	555	license. The department [board] may not issue a duplicate or
556	556	amended license unless:
557	557	(1) the license holder submits sufficient evidence to
558	558	prove the license has been lost, destroyed, or stolen or
559	559	establishes the lawful reason that an amended license should be
560	560	issued; and
561	561	(2) the department's [board's] records show a license
562	562	had been issued and was in effect at the time of the loss,
563	563	destruction, or theft or on the date of the request for an amended
564	564	license.
565	565	(d) If an amended license is issued, the license holder
566	566	shall return the original license to the department [board].
567	567	SECTION 31. Subchapter G, Chapter 202, Occupations Code, is
568	568	amended by adding Section 202.3015 to read as follows:
569	569	Sec. 202.3015. TERM AND RENEWAL. (a) A license issued
570	570	under this chapter is valid for one or two years as determined by
571	571	commission rule.
572	572	(b) The commission by rule shall establish the requirements
573	573	for renewing a license and issuing a renewal certificate under this
574	574	chapter, including payment of applicable fees.
575	575	SECTION 32. Subchapter G, Chapter 202, Occupations Code, is
576	576	amended by adding Section 202.3025 to read as follows:
577	577	Sec. 202.3025. CRIMINAL HISTORY RECORD INFORMATION
578	578	REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
579	579	license issued under this chapter shall submit a complete and
580	580	legible set of fingerprints for purposes of performing a criminal
581	581	history record information check of the applicant as provided by
582	582	Section 202.2525.
583	583	(b) The department may administratively suspend or refuse
584	584	to renew the license of a person who does not comply with the
585	585	requirement of Subsection (a).
586	586	(c) A license holder is not required to submit fingerprints
587	587	under this section for the renewal of the license if the license
588	588	holder has previously submitted fingerprints under:
589	589	(1) Section 202.2525 for the initial issuance of the
590	590	license; or
591	591	(2) this section as part of a prior license renewal.
592	592	SECTION 33. Section 202.303, Occupations Code, is amended
593	593	to read as follows:
594	594	Sec. 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person
595	595	who practices podiatry with [without] an expired [annual] renewal
596	596	certificate [for the current year] is considered to be practicing
597	597	without a license and is subject to all the penalties of the
598	598	practice of podiatry without a license.
599	599	SECTION 34. Sections 202.304(a) and (b), Occupations Code,
600	600	are amended to read as follows:
601	601	(a) Except as provided by Subsection (c), this section
602	602	applies to a podiatrist whose license has been suspended or
603	603	revoked, or whose most recently issued [annual] renewal certificate
604	604	has expired, while the podiatrist has been:
605	605	(1) engaged in federal service or on active duty with:
606	606	(A) the United States Army;
607	607	(B) the United States Navy;
608	608	(C) the United States Marine Corps;
609	609	(D) the United States Coast Guard; or
610	610	(E) the United States Air Force;
611	611	(2) called into service or training of the United
612	612	States; or
613	613	(3) in training or education under the supervision of
614	614	the United States before induction into military service.
615	615	(b) A podiatrist subject to this section may renew the
616	616	podiatrist's license without paying a renewal fee for the expired
617	617	license or passing an examination if, not later than the first
618	618	anniversary of the date of the termination of service, training, or
619	619	education described by Subsection (a), other than by dishonorable
620	620	discharge, the podiatrist furnishes to the department [board] an
621	621	affidavit stating that the podiatrist has been so engaged and that
622	622	the service, training, or education has terminated.
623	623	SECTION 35. Section 202.305, Occupations Code, is amended
624	624	to read as follows:
625	625	Sec. 202.305. CONTINUING EDUCATION. (a) The commission by
626	626	rule shall establish the minimum number of hours of continuing
627	627	education required for license renewal.
628	628	(a-1) The department [board] shall develop a mandatory
629	629	continuing education program in accordance with commission rules.
630	630	In developing its program, the department [board] shall:
631	631	(1) [establish by rule the minimum hours of continuing
632	632	education required for license renewal;
633	633	[(2)] identify the key factors that lead to the
634	634	competent performance of professional duties;
635	635	(2) [(3)] develop a process to evaluate and approve
636	636	continuing education courses; and
637	637	(3) [(4)] develop a process to assess the
638	638	participation and performance of license holders in continuing
639	639	education courses to enable the department [board] to evaluate the
640	640	overall effectiveness of the program.
641	641	(b) The department [board] may assess the continuing
642	642	education needs of a license holder and require the license holder
643	643	to attend continuing education courses specified by the department
644	644	[board].
645	645	SECTION 36. The heading to Section 202.352, Occupations
646	646	Code, is amended to read as follows:
647	647	Sec. 202.352. [BOARD] APPROVAL OF NAMES UNDER WHICH
648	648	PODIATRIST MAY PRACTICE.
649	649	SECTION 37. Sections 202.352(a) and (b), Occupations Code,
650	650	are amended to read as follows:
651	651	(a) The commission [board] may adopt rules establishing
652	652	standards or guidelines for the name, including a trade name or
653	653	assumed name, under which a podiatrist may conduct a practice in
654	654	this state. In its rules, the commission [board] may also establish
655	655	procedures to review and make determinations approving or
656	656	disapproving a specific name submitted to the department [board] by
657	657	one or more podiatrists desiring to practice under a particular
658	658	name.
659	659	(b) The authority granted to the commission and department
660	660	[board] by this section includes any form of business organization
661	661	under which a podiatrist conducts a practice, including:
662	662	(1) a sole proprietorship;
663	663	(2) an association;
664	664	(3) a partnership;
665	665	(4) a professional corporation;
666	666	(5) a clinic;
667	667	(6) a health maintenance organization; and
668	668	(7) a group practice with a practitioner of another
669	669	branch of the healing art.
670	670	SECTION 38. Sections 202.353(a), (c), (d), (e), (f), (g),
671	671	(h), and (i), Occupations Code, are amended to read as follows:
672	672	(a) An insurer who delivers or issues for delivery in this
673	673	state professional liability insurance coverage to a podiatrist who
674	674	practices in this state shall furnish to the department [board] the
675	675	information specified in Subsection (b) relating to:
676	676	(1) a notice of claim letter or a complaint filed
677	677	against the insured in a court, if the notice of claim letter or the
678	678	complaint seeks the recovery of damages based on the insured's
679	679	conduct in providing or failing to provide medical or health care
680	680	services; or
681	681	(2) a settlement of a claim or other legal action made
682	682	by the insurer on behalf of the insured.
683	683	(c) If a podiatrist who practices in this state is not
684	684	covered by professional liability insurance or is insured by an
685	685	insurer who is not authorized to write professional liability
686	686	insurance for podiatrists in this state, the affected podiatrist
687	687	shall submit information to the department [board] relating to any
688	688	malpractice action brought against that podiatrist. The podiatrist
689	689	shall submit the information as required by rules adopted by the
690	690	commission [board] under Subsections (d)-(f).
691	691	(d) In consultation with the commissioner of insurance, the
692	692	commission [board] shall adopt rules for reporting the information
693	693	required under Subsections (a) and (b) and any additional
694	694	information required by the department [board].
695	695	(e) The department [board] shall consider other claim
696	696	reports required under state or federal law in determining:
697	697	(1) any additional information to be reported;
698	698	(2) the form of the report; and
699	699	(3) reasonable reporting intervals.
700	700	(f) The department [board] may require additional
701	701	information, including:
702	702	(1) the date of a judgment, dismissal, or settlement
703	703	of a malpractice action;
704	704	(2) whether an appeal has been taken and the identity
705	705	of the party appealing; and
706	706	(3) the amount of any judgment or settlement.
707	707	(g) An insurer, an agent or employee of the insurer, a
708	708	commission [board] member, or an employee or representative of the
709	709	department [board] is not liable or subject to a cause of action for
710	710	an action taken as required under this section.
711	711	(h) A report or information submitted to the department
712	712	[board] under this section or the fact that a report or information
713	713	has been submitted may not be offered in evidence or in any manner
714	714	used in the trial of an action brought against a podiatrist based on
715	715	the podiatrist's conduct in providing or failing to provide medical
716	716	or health care services.
717	717	(i) The department [board] shall review the information
718	718	relating to a podiatrist against whom three or more malpractice
719	719	claims have been reported during any five-year period in the same
720	720	manner as if a complaint against that podiatrist had been made to
721	721	the department [board] under Subchapter E.
722	722	SECTION 39. Subchapter H, Chapter 202, Occupations Code, is
723	723	amended by adding Section 202.354 to read as follows:
724	724	Sec. 202.354. DUTIES RELATED TO CERTAIN PRESCRIPTIONS. (a)
725	725	A podiatrist may not prescribe a drug listed in Subsection (b) to a
726	726	patient unless the podiatrist has reviewed the patient's
727	727	prescription history by accessing the prescription information
728	728	submitted to the Texas State Board of Pharmacy as authorized by
729	729	Section 481.076(a)(5), Health and Safety Code.
730	730	(b) Subsection (a) applies only to the prescribing of:
731	731	(1) opioids;
732	732	(2) benzodiazepines;
733	733	(3) barbiturates; or
734	734	(4) carisoprodol.
735	735	(c) Failure by a podiatrist to comply with the requirements
736	736	of this section is grounds for disciplinary action under
737	737	Subchapters F and G, Chapter 51.
738	738	SECTION 40. Sections 202.404(d) and (e), Occupations Code,
739	739	are amended to read as follows:
740	740	(d) The privilege and confidentiality requirements under
741	741	this subchapter do not apply in a criminal investigation of or
742	742	criminal proceeding against a podiatrist in which the department
743	743	[board] is participating or assisting by providing certain records
744	744	obtained from the podiatrist. This subsection does not authorize
745	745	the release of any confidential information to instigate or
746	746	substantiate criminal charges against a patient.
747	747	(e) The department [board] shall protect the identity of a
748	748	patient whose podiatric records are examined or provided under
749	749	Subsection (c) or (d), other than a patient who:
750	750	(1) is covered under Subsection (a)(1); or
751	751	(2) has submitted written consent to the release of
752	752	the patient's podiatric records as provided by Section 202.406.
753	753	SECTION 41. Section 202.452(a), Occupations Code, is
754	754	amended to read as follows:
755	755	(a) Written or oral communications made to a podiatric peer
756	756	review committee and the records and proceedings of a peer review
757	757	committee may be disclosed to:
758	758	(1) another podiatric peer review committee;
759	759	(2) an appropriate state or federal agency;
760	760	(3) a national accreditation body; or
761	761	(4) the department [board] or the state board of
762	762	registration or licensing of podiatrists in another state.
763	763	SECTION 42. Section 202.453, Occupations Code, is amended
764	764	to read as follows:
765	765	Sec. 202.453. INFORMATION PROVIDED TO AFFECTED PODIATRIST.
766	766	A podiatric peer review committee that takes action that could
767	767	result in censure or suspension, restriction, limitation, or
768	768	revocation of a license by the commission or executive director
769	769	[board] or a denial of a podiatrist's membership or privileges in a
770	770	health care entity shall provide the affected podiatrist a written
771	771	copy of the committee's recommendation and a copy of the final
772	772	decision, including a statement of the basis for the decision.
773	773	SECTION 43. Section 202.455(f), Occupations Code, is
774	774	amended to read as follows:
775	775	(f) The disclosure of documents or information under a
776	776	subpoena issued by the department [board] does not constitute a
777	777	waiver of the confidentiality privilege associated with a podiatric
778	778	peer review committee proceeding.
779	779	SECTION 44. Section 202.456(b), Occupations Code, is
780	780	amended to read as follows:
781	781	(b) A person, including a health care entity or podiatric
782	782	peer review committee, that participates in podiatric peer review
783	783	activity or furnishes records, information, or assistance to a
784	784	podiatric peer review committee or to the department [board] is
785	785	immune from civil liability arising from those acts if the person
786	786	acted in good faith and without malice.
787	787	SECTION 45. The heading to Section 202.501, Occupations
788	788	Code, is amended to read as follows:
789	789	Sec. 202.501. [BOARD] DISCIPLINARY POWERS; ADMINISTRATIVE
790	790	PROCEDURE.
791	791	SECTION 46. Sections 202.501(a) and (d), Occupations Code,
792	792	are amended to read as follows:
793	793	(a) The commission or executive director [board] shall
794	794	revoke or suspend a license, place on probation a person whose
795	795	license has been suspended, or reprimand a license holder for
796	796	violating the law regulating the practice of podiatry or a rule
797	797	adopted by the commission under this chapter [board].
798	798	(d) A person whose license to practice podiatry has been
799	799	revoked or suspended by order of the commission or executive
800	800	director [board] may appeal the action to a district court in Travis
801	801	County. The [board's] decision of the commission or the executive
802	802	director may not be enjoined or stayed except on application to the
803	803	district court after notice to the department [board].
804	804	SECTION 47. Section 202.502, Occupations Code, is amended
805	805	to read as follows:
806	806	Sec. 202.502. REVOCATION AND SUSPENSION OF LICENSE FOR
807	807	DRUG-RELATED FELONY CONVICTION. (a) The commission or executive
808	808	director [board] shall suspend a person's license after an
809	809	administrative hearing conducted in accordance with Chapter 2001,
810	810	Government Code, in which the commission or executive director
811	811	[board] determines that the license holder has been convicted of a
812	812	felony under Chapter 481 or 483, Health and Safety Code, or Section
813	813	485.033, Health and Safety Code.
814	814	(b) On the person's final conviction, the commission or
815	815	executive director [board] shall revoke the person's license.
816	816	(c) The department [board] may not reinstate or reissue a
817	817	license to a person whose license is suspended or revoked under this
818	818	section except on an express determination based on substantial
819	819	evidence contained in an investigative report indicating that the
820	820	reinstatement or reissuance of the license is in the best interests
821	821	of the public and of the person whose license has been suspended or
822	822	revoked.
823	823	SECTION 48. The heading to Section 202.503, Occupations
824	824	Code, is amended to read as follows:
825	825	Sec. 202.503. PROBATION[; HEARING].
826	826	SECTION 49. Section 202.503(a), Occupations Code, is
827	827	amended to read as follows:
828	828	(a) The commission or executive director [board, on
829	829	majority vote,] may probate an order revoking [or suspending] a
830	830	podiatrist's license conditioned on the podiatrist conforming to
831	831	any order or rule the commission [board] adopts as the condition of
832	832	probation. The commission or executive director [board], at the
833	833	time of probation, shall set the term of the probationary period.
834	834	SECTION 50. Section 202.504, Occupations Code, is amended
835	835	to read as follows:
836	836	Sec. 202.504. REISSUANCE OF LICENSE. (a) On application,
837	837	the department [board] may reissue a license to practice podiatry
838	838	to a person whose license has been revoked or suspended.
839	839	(b) A person whose license has been revoked may not apply
840	840	for a reissued license before the first anniversary of the date of
841	841	the revocation. The person shall apply for the license in the
842	842	manner and form required by the department [board].
843	843	SECTION 51. Section 202.505, Occupations Code, is amended
844	844	to read as follows:
845	845	Sec. 202.505. REEXAMINATION IF LICENSE SUSPENDED OR
846	846	REVOKED. The department [board] may refuse to reinstate a license
847	847	or to issue a new license until a podiatrist has passed the regular
848	848	license examination if the commission or executive director [board]
849	849	suspended or revoked the license for:
850	850	(1) failure to satisfy continuing education
851	851	requirements under Section 202.305; or
852	852	(2) nonpayment of the [annual] license renewal fee.
853	853	SECTION 52. Subchapter K, Chapter 202, Occupations Code, is
854	854	amended by adding Section 202.5071 to read as follows:
855	855	Sec. 202.5071. SUBPOENA AUTHORITY. The department may
856	856	issue a subpoena as provided by Section 51.3512.
857	857	SECTION 53. Section 202.5085, Occupations Code, is amended
858	858	to read as follows:
859	859	Sec. 202.5085. REFUND. (a) Subject to Subsection (b), the
860	860	commission or executive director [board] may order a person
861	861	licensed under this chapter to pay a refund to a consumer as
862	862	provided in an agreed settlement, default order, or commission
863	863	order [agreement resulting from an informal settlement conference]
864	864	instead of or in addition to imposing an administrative penalty
865	865	against the person [under this chapter].
866	866	(b) The amount of a refund ordered [as provided in an
867	867	agreement resulting from an informal settlement conference] may not
868	868	exceed the amount the consumer paid to the person for a service
869	869	regulated by this chapter. The commission or executive director
870	870	[board] may not require payment of other damages or estimate harm in
871	871	a refund order.
872	872	SECTION 54. Section 202.509, Occupations Code, is amended
873	873	to read as follows:
874	874	Sec. 202.509. CONFIDENTIALITY AND DISCLOSURE OF
875	875	INVESTIGATIVE INFORMATION. (a) Except as provided by Subsections
876	876	(b), (d), and (f) of this section, Section 202.2031, and Section
877	877	202.2032, a [A] complaint, report, investigation file, or other
878	878	investigative information in the possession of or received or
879	879	gathered by the department [board] or an employee or agent of the
880	880	department [board] that relates to a license holder, a license
881	881	application, or a criminal investigation or proceeding is
882	882	privileged, confidential, and not subject to discovery, subpoena,
883	883	or any other legal method of compelling release.
884	884	(b) Subject to any other privilege or restriction
885	885	established by law, not later than the 30th day after the date the
886	886	department [board] receives a written request from a license
887	887	holder, or the license holder's attorney, who is the subject of a
888	888	formal complaint, the department [board] shall provide the license
889	889	holder with access to all information in the department's [board's]
890	890	possession that the department [board] intends to offer into
891	891	evidence at the contested case hearing on the complaint. The
892	892	department [board] may provide access to the information to the
893	893	license holder after the 30th day after the date the department
894	894	[board] receives a request only on a showing of good cause.
895	895	(c) The department [board] is not required under Subsection
896	896	(b) to provide access to the department's [board's] investigative
897	897	reports or memoranda, release the identity of a complainant who
898	898	will not testify at the hearing, or release information that is an
899	899	attorney's work product or protected by the attorney-client
900	900	privilege or another privilege recognized by the Texas Rules of
901	901	Civil Procedure or Texas Rules of Evidence. [The furnishing of
902	902	information under Subsection (b) does not constitute a waiver of
903	903	any privilege or confidentiality provision under law.]
904	904	(d) Investigative information in the department's [board's]
905	905	possession that relates to a disciplinary action regarding a
906	906	license holder may be disclosed to:
907	907	(1) a licensing agency regulating the practice of
908	908	podiatry in another state or country in which the license holder is
909	909	also licensed or has applied for a license; [or]
910	910	(2) a peer review committee reviewing a license
911	911	holder's application for privileges or the license holder's
912	912	qualifications with regard to retaining the privileges;
913	913	(3) a person involved with the department in a
914	914	disciplinary action against the license holder;
915	915	(4) a peer assistance program approved by the
916	916	commission under Chapter 467, Health and Safety Code;
917	917	(5) a law enforcement agency; and
918	918	(6) a person engaged in bona fide research, provided
919	919	all individual-identifying information has been deleted.
920	920	(e) The department [board] shall report to the appropriate
921	921	law enforcement agency information obtained by the department
922	922	[board] in the course of an investigation that indicates that a
923	923	crime may have been committed. The department [board] shall
924	924	cooperate and assist a law enforcement agency conducting a criminal
925	925	investigation of a license holder by providing relevant information
926	926	to the agency. Information provided to a law enforcement agency by
927	927	the department [board] is confidential and may not be disclosed
928	928	except as necessary to conduct the investigation.
929	929	(f) The department [board] shall provide information to a
930	930	health care entity on the written request of the entity concerning:
931	931	(1) a complaint filed against a license holder that
932	932	was resolved after an investigation by the department [board] or
933	933	resolved by an agreed settlement; and
934	934	(2) the basis for and status of an active
935	935	investigation concerning a license holder.
936	936	(g) The department's disclosure of information under
937	937	Subsection (b), (d), or (f) of this section, Section 202.2031, or
938	938	Section 202.2032 does not constitute a waiver of privilege or
939	939	confidentiality under this chapter or any other law.
940	940	(h) The department shall protect the identity of a
941	941	complainant to the extent possible.
942	942	SECTION 55. The heading to Subchapter M, Chapter 202,
943	943	Occupations Code, is amended to read as follows:
944	944	SUBCHAPTER M. [OTHER] PENALTIES AND ENFORCEMENT PROVISIONS
945	945	SECTION 56. Subchapter M, Chapter 202, Occupations Code, is
946	946	amended by adding Section 202.6011 to read as follows:
947	947	Sec. 202.6011. PENALTY SCHEDULE. The commission by rule
948	948	shall develop a standardized penalty schedule, including
949	949	recommended penalty amounts for each category of punishable conduct
950	950	listed in the schedule, based on the criteria listed in Section
951	951	51.302(b).
952	952	SECTION 57. Section 202.602, Occupations Code, is amended
953	953	to read as follows:
954	954	Sec. 202.602. MONITORING AND INSPECTION OF LICENSE HOLDER.
955	955	(a) The commission [board] by rule shall develop a system to
956	956	monitor a podiatrist's compliance with this chapter. The system
957	957	must include:
958	958	(1) procedures for determining whether a podiatrist is
959	959	in compliance with an order issued by the commission or executive
960	960	director [board]; and
961	961	(2) a method of identifying and monitoring each
962	962	podiatrist who represents a risk to the public.
963	963	(b) The department [board], during reasonable business
964	964	hours, may enter the business premises of a person regulated by the
965	965	department under this chapter [board] without notice to:
966	966	(1) investigate a complaint filed with the department
967	967	[board]; or
968	968	(2) determine compliance with an order of the
969	969	commission or executive director issued under this chapter [board].
970	970	SECTION 58. Subchapter M, Chapter 202, Occupations Code, is
971	971	amended by adding Section 202.6025 to read as follows:
972	972	Sec. 202.6025. MONITORING HARMFUL PRESCRIBING PATTERNS.
973	973	(a) The department shall periodically check the prescribing
974	974	information submitted to the Texas State Board of Pharmacy as
975	975	authorized by Section 481.076(a)(1), Health and Safety Code, to
976	976	determine whether a podiatrist licensed under this chapter is
977	977	engaging in potentially harmful prescribing patterns or practices.
978	978	(b) The commission, in coordination with the advisory board
979	979	and the Texas State Board of Pharmacy, shall determine the conduct
980	980	that constitutes a potentially harmful prescribing pattern or
981	981	practice for purposes of Subsection (a). In determining the
982	982	conduct that constitutes a potentially harmful prescribing pattern
983	983	or practice, the commission shall consider:
984	984	(1) the number of times a podiatrist prescribes a drug
985	985	listed in Section 202.354(b); and
986	986	(2) for prescriptions described by Subdivision (1),
987	987	patterns of prescribing combinations of those drugs and other
988	988	dangerous combinations of drugs identified by the commission in
989	989	coordination with the advisory board.
990	990	(c) If the department suspects that a podiatrist licensed
991	991	under this chapter may be engaging in potentially harmful
992	992	prescribing patterns or practices, the department may notify the
993	993	podiatrist of the potentially harmful prescribing pattern or
994	994	practice.
995	995	(d) The department may initiate a complaint against a
996	996	podiatrist based on information obtained under this section.
997	997	SECTION 59. Section 202.603, Occupations Code, is amended
998	998	to read as follows:
999	999	Sec. 202.603. PROSECUTION OF VIOLATION. The department
1000	1000	[board] shall take action to ensure the prosecution of each person
1001	1001	who violates this chapter and may incur reasonably necessary
1002	1002	related expenses.
1003	1003	SECTION 60. Section 202.604, Occupations Code, is amended
1004	1004	to read as follows:
1005	1005	Sec. 202.604. CIVIL PENALTY: USE OF TRADE NAME;
1006	1006	INJUNCTION. (a) A person who violates Section 202.352 or a rule
1007	1007	adopted or a determination made by the commission [board] under
1008	1008	that section is subject to a civil penalty of not less than $50 or
1009	1009	more than $500 for each day of violation.
1010	1010	(b) If it appears that a person has violated or is violating
1011	1011	Section 202.352 or a rule adopted or determination made by the
1012	1012	commission [board] under that section, the department [board] may
1013	1013	institute a civil action in district court for:
1014	1014	(1) injunctive relief to restrain the person from
1015	1015	continuing the violation;
1016	1016	(2) the assessment and recovery of a civil penalty
1017	1017	under Subsection (a); or
1018	1018	(3) both injunctive relief and the civil penalty.
1019	1019	(c) At the request of the department [board], the attorney
1020	1020	general shall institute and conduct the action in the name of the
1021	1021	state.
1022	1022	SECTION 61. Section 481.352, Health and Safety Code, is
1023	1023	amended to read as follows:
1024	1024	Sec. 481.352. MEMBERS. The work group is composed of:
1025	1025	(1) the executive director of the board or the
1026	1026	executive director's designee, who serves as chair of the work
1027	1027	group;
1028	1028	(2) the commissioner of state health services or the
1029	1029	commissioner's designee;
1030	1030	(3) the executive director of the Texas Medical Board
1031	1031	or the executive director's designee;
1032	1032	(4) the executive director of the Texas Board of
1033	1033	Nursing or the executive director's designee;
1034	1034	(5) the executive director of the Texas Physician
1035	1035	Assistant Board or the executive director's designee;
1036	1036	(6) the executive director of the State Board of
1037	1037	Dental Examiners or the executive director's designee;
1038	1038	(7) the executive director of the Texas Optometry
1039	1039	Board or the executive director's designee;
1040	1040	(8) a member [the executive director] of the [Texas
1041	1041	State Board of] Podiatric Medical Examiners Advisory Board or the
1042	1042	board's [executive director's] designee;
1043	1043	(9) the executive director of the State Board of
1044	1044	Veterinary Medical Examiners or the executive director's designee;
1045	1045	and
1046	1046	(10) a medical examiner appointed by the board.
1047	1047	SECTION 62. The following provisions of the Occupations
1048	1048	Code are repealed:
1049	1049	(1) Section 202.002;
1050	1050	(2) Section 202.052;
1051	1051	(3) Sections 202.059(b) and (c);
1052	1052	(4) Section 202.060;
1053	1053	(5) Subchapter C, Chapter 202;
1054	1054	(6) Section 202.151;
1055	1055	(7) Section 202.152;
1056	1056	(8) Section 202.1525;
1057	1057	(9) Section 202.153;
1058	1058	(10) Section 202.154;
1059	1059	(11) Section 202.1545;
1060	1060	(12) Section 202.155;
1061	1061	(13) Section 202.156;
1062	1062	(14) Section 202.157;
1063	1063	(15) Section 202.158;
1064	1064	(16) Section 202.162;
1065	1065	(17) Section 202.163;
1066	1066	(18) Section 202.201;
1067	1067	(19) Section 202.202;
1068	1068	(20) Section 202.203;
1069	1069	(21) Section 202.204;
1070	1070	(22) Section 202.205;
1071	1071	(23) Sections 202.252(c) and (d);
1072	1072	(24) Section 202.254(e);
1073	1073	(25) Section 202.255;
1074	1074	(26) Section 202.264;
1075	1075	(27) Section 202.301;
1076	1076	(28) Section 202.302;
1077	1077	(29) Section 202.501(b);
1078	1078	(30) Sections 202.503(b), (c), (d), and (e);
1079	1079	(31) Section 202.507;
1080	1080	(32) Section 202.508;
1081	1081	(33) Section 202.510;
1082	1082	(34) Subchapter L, Chapter 202;
1083	1083	(35) Section 202.601; and
1084	1084	(36) Section 202.6015.
1085	1085	SECTION 63. (a) In this section:
1086	1086	(1) "Commission" means the Texas Commission of
1087	1087	Licensing and Regulation.
1088	1088	(2) "Department" means the Texas Department of
1089	1089	Licensing and Regulation.
1090	1090	(3) "Former board" means the Texas State Board of
1091	1091	Podiatric Medical Examiners.
1092	1092	(b) On September 1, 2017:
1093	1093	(1) all functions and activities performed by the
1094	1094	former board immediately before that date are transferred to the
1095	1095	department;
1096	1096	(2) all rules, fees, policies, procedures, decisions,
1097	1097	and forms adopted by the former board are continued in effect as
1098	1098	rules, fees, policies, procedures, decisions, and forms of the
1099	1099	commission or the department, as applicable, and remain in effect
1100	1100	until amended or replaced by the commission or department;
1101	1101	(3) a complaint, investigation, contested case, or
1102	1102	other proceeding before the former board that is pending on
1103	1103	September 1, 2017, is transferred without change in status to the
1104	1104	department or the commission, as appropriate;
1105	1105	(4) all money, contracts, leases, property, and
1106	1106	obligations of the former board are transferred to the department;
1107	1107	(5) all property in the custody of the former board is
1108	1108	transferred to the department; and
1109	1109	(6) the unexpended and unobligated balance of any
1110	1110	money appropriated by the legislature for the former board is
1111	1111	transferred to the department.
1112	1112	(c) The former board shall provide the department with
1113	1113	access to any systems or information necessary for the department
1114	1114	to accept the program transferred under this Act, including:
1115	1115	(1) licensing, revenue, and expenditure systems;
1116	1116	(2) rights to service contracts and licensing
1117	1117	agreements;
1118	1118	(3) use of online renewal and new application systems;
1119	1119	and
1120	1120	(4) review and resolution of pending judgments and
1121	1121	outstanding expenditures.
1122	1122	(d) Unless the context indicates otherwise, a reference to
1123	1123	the former board in a law or administrative rule means the
1124	1124	commission or the department, as applicable.
1125	1125	(e) A license or certificate issued by the former board is
1126	1126	continued in effect as a license or certificate of the department.
1127	1127	(f) On September 1, 2017, all full-time equivalent employee
1128	1128	positions at the former board that primarily concern the
1129	1129	administration or enforcement of Chapter 202, Occupations Code,
1130	1130	become positions at the department. The department shall post the
1131	1131	positions for hiring and, when filling the positions, shall give
1132	1132	first consideration to, but is not required to hire, an applicant
1133	1133	who, as of August 31, 2017, was an employee at the former board
1134	1134	primarily involved in administering or enforcing Chapter 202,
1135	1135	Occupations Code.
1136	1136	SECTION 64. (a) On September 1, 2017, the terms of the
1137	1137	members serving on the Texas State Board of Podiatric Medical
1138	1138	Examiners expire, and the Texas State Board of Podiatric Medical
1139	1139	Examiners is abolished.
1140	1140	(b) Not later than December 1, 2017, the governor shall
1141	1141	appoint members to the Podiatric Medical Examiners Advisory Board
1142	1142	in accordance with Section 202.051, Occupations Code, as amended by
1143	1143	this Act. A member whose term expired under Subsection (a) of this
1144	1144	section is eligible for reappointment to the advisory board.
1145	1145	(c) The members whose terms expire under Subsection (a) of
1146	1146	this section shall continue to provide advice to the Texas
1147	1147	Department of Licensing and Regulation until a majority of the
1148	1148	members of the advisory board are appointed under Subsection (b) of
1149	1149	this section and qualified.
1150	1150	SECTION 65. Section 202.061, Occupations Code, as amended
1151	1151	by this Act, applies only to a member of the Podiatric Medical
1152	1152	Examiners Advisory Board appointed on or after the effective date
1153	1153	of this Act.
1154	1154	SECTION 66. (a) As soon as possible after the effective
1155	1155	date of this Act, the Texas Commission of Licensing and Regulation
1156	1156	shall adopt the rules necessary to implement Section 202.252,
1157	1157	Occupations Code, as amended by this Act.
1158	1158	(b) Not later than September 1, 2019, the Texas Department
1159	1159	of Licensing and Regulation shall obtain criminal history record
1160	1160	information on each person who, on the effective date of this Act,
1161	1161	holds a license issued under Chapter 202, Occupations Code, and did
1162	1162	not undergo a criminal history record information check based on
1163	1163	the license holder's fingerprints on initial application for the
1164	1164	license. The department may suspend the license of a license holder
1165	1165	who does not provide the criminal history record information as
1166	1166	required by the department and this subsection.
1167	1167	SECTION 67. Section 202.354, Occupations Code, as added by
1168	1168	this Act, applies only to a prescription issued on or after
1169	1169	September 1, 2018. A prescription issued before September 1, 2018,
1170	1170	is governed by the law in effect on the date the prescription is
1171	1171	issued, and the former law is continued in effect for that purpose.
1172	1172	SECTION 68. The changes in law made by this Act do not
1173	1173	affect the validity of a disciplinary action or other proceeding
1174	1174	that was initiated before the effective date of this Act and that is
1175	1175	pending before a court or other governmental entity on the
1176	1176	effective date of this Act.
1177	1177	SECTION 69. (a) A violation of a law that is repealed by
1178	1178	this Act is governed by the law in effect when the violation was
1179	1179	committed, and the former law is continued in effect for that
1180	1180	purpose.
1181	1181	(b) For purposes of this section, a violation was committed
1182	1182	before the effective date of this Act if any element of the
1183	1183	violation occurred before that date.
1184	1184	SECTION 70. This Act takes effect September 1, 2017.