85R9185 JCG-D
By: Schwertner, et al. S.B. No. 318
A BILL TO BE ENTITLED
AN ACT
relating to transfer of the regulation of podiatry to the Texas
Department of Licensing and Regulation; authorizing a reduction in
fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 51, Occupations Code, is
amended by adding Section 51.2032 to read as follows:
Sec. 51.2032. RULES REGARDING PODIATRY; PROVISION OF
INFORMATION. (a) In this section, "advisory board" means the
Podiatric Medical Examiners Advisory Board.
(b) The commission may not adopt a new rule relating to the
scope of practice of or a health-related standard of care for
podiatry unless the rule has been proposed by the advisory board.
The commission shall adopt rules prescribing the procedure by which
the advisory board may propose rules described by this subsection.
(c) For each rule proposed under Subsection (b), the
commission shall either adopt the rule as proposed or return the
rule to the advisory board for revision. The commission retains
authority for final adoption of all rules and is responsible for
ensuring compliance with all laws regarding the rulemaking process.
(d) The commission shall adopt rules clearly specifying the
manner in which the department and commission will solicit input
from, and on request provide information to, the advisory board
regarding the general investigative, enforcement, or disciplinary
procedures of the department or commission.
SECTION 2. Section 202.001(a), Occupations Code, is amended
by amending Subdivisions (1) and (2) and adding Subdivisions (1-a)
and (1-b) to read as follows:
(1) "Advisory board" ["Board"] means the Podiatric
Medical Examiners Advisory Board [Texas State Board of Podiatric
Medical Examiners].
(1-a) "Commission" means the Texas Commission of
Licensing and Regulation.
(1-b) "Department" means the Texas Department of
Licensing and Regulation.
(2) "Executive director" means the executive director
of the Texas Department of Licensing and Regulation [employee of
the board who manages the board's day-to-day operations].
SECTION 3. The heading to Subchapter B, Chapter 202,
Occupations Code, is amended to read as follows:
SUBCHAPTER B. [TEXAS STATE BOARD OF] PODIATRIC MEDICAL EXAMINERS
ADVISORY BOARD
SECTION 4. Section 202.051(a), Occupations Code, is amended
to read as follows:
(a) The [Texas State Board of] Podiatric Medical Examiners
Advisory Board consists of nine members appointed by the governor
as follows:
(1) six members who are licensed in this state to
practice podiatry and [are reputable practicing podiatrists who
have resided in this state and] have been actively engaged in the
practice of podiatry for the five years preceding appointment; and
(2) three members who represent the public.
SECTION 5. Section 202.053, Occupations Code, is amended to
read as follows:
Sec. 202.053. PUBLIC MEMBER ELIGIBILITY. A person is not
eligible for appointment as a public member of the advisory board if
the person or the person's spouse:
(1) is registered, certified, or licensed by an
occupational regulatory agency in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization regulated by the
department [board] or receiving funds from the department [board];
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization regulated by the department [board] or receiving funds
from the department [board]; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the department [board], other than
[compensation or] reimbursement authorized by law for advisory
board membership, attendance, or expenses.
SECTION 6. Sections 202.054(b) and (c), Occupations Code,
are amended to read as follows:
(b) A person may not be a member of the advisory board [and
may not be a board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.)] if:
(1) the person is an officer, employee, or paid
consultant of a Texas trade association in the field of health care;
or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health care.
(c) A person may not be a member of the advisory board [or
act as the general counsel to the board] if the person is required
to register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of a
profession related to the operation of the advisory board.
SECTION 7. Section 202.055, Occupations Code, is amended to
read as follows:
Sec. 202.055. TERMS; VACANCIES. (a) Members of the
advisory board serve staggered six-year terms, with the term of
three members expiring on February 1 of each odd-numbered year. At
the expiration of the term of each member, the governor shall
appoint a successor.
(b) If a vacancy occurs during a term, the governor shall
appoint a replacement who meets the qualifications of the vacated
position to serve for the remainder of the term.
SECTION 8. Section 202.056, Occupations Code, is amended to
read as follows:
Sec. 202.056. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the advisory board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 202.051 or 202.053;
(2) does not maintain during service on the advisory
board the qualifications required by Section 202.051 or 202.053;
(3) is ineligible for membership under Section
202.054;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled advisory board meetings that the member is eligible to
attend during a calendar year unless the absence is excused by a
majority vote of the advisory board.
(b) The validity of an action of the advisory board is not
affected by the fact that the action is taken when a ground for
removal of an advisory [a] board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
[president of the board of the potential ground. The president
shall then notify the] governor and the attorney general that a
potential ground for removal exists. [If the potential ground for
removal involves the president, the executive director shall notify
the next highest ranking officer of the board, who shall then notify
the governor and the attorney general that a potential ground for
removal exists.]
SECTION 9. Section 202.057, Occupations Code, is amended to
read as follows:
Sec. 202.057. COMPENSATION [PER DIEM]; REIMBURSEMENT OF
EXPENSES. An advisory board member may not receive compensation
but is entitled to [(a) Each board member is entitled to a per diem
as set by legislative appropriation for each day the member engages
in the business of the board.
[(b) A member may receive] reimbursement for actual and
necessary expenses incurred in performing the functions of the
advisory board, subject to [travel expenses, including expenses for
meals, lodging, and transportation, as prescribed by] the General
Appropriations Act.
[(c) The secretary of the board is entitled to reimbursement
for the secretary's necessary expenses incurred in the performance
of services for the board.]
SECTION 10. Section 202.058, Occupations Code, is amended
to read as follows:
Sec. 202.058. PRESIDING OFFICER [OFFICERS]. [(a)] The
governor shall appoint one [designate a member] of the advisory
board members to serve as presiding officer [the president] of the
advisory board at the pleasure of the governor. The presiding
officer may vote on any matter before the advisory board [to serve
in that capacity at the pleasure of the governor].
[(b) At the first regular scheduled meeting of each
biennium, the board shall elect from its members a vice president
and secretary.]
SECTION 11. Section 202.059(a), Occupations Code, is
amended to read as follows:
(a) The advisory board shall meet at the call of the
presiding officer of the commission or the executive director [hold
regular meetings at least twice a year and special meetings as
necessary. The board shall hold the meetings at times and places
the board considers most convenient for applicants for license
examinations].
SECTION 12. Section 202.061, Occupations Code, is amended
to read as follows:
Sec. 202.061. TRAINING. (a) A person who is appointed to
and qualifies for office as a member of the advisory board may not
vote, deliberate, or be counted as a member in attendance at a
meeting of the advisory board until the person completes a training
program that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) this chapter;
(2) [and] the department's programs, functions, and
rules with respect to this chapter[, and budget of the board];
(3) [(2)] the results of the most recent formal audit
of the department with respect to this chapter [board];
(4) the scope and limitations on the rulemaking
authority of the advisory board;
(5) [(3)] the requirements of:
(A) laws relating to open meetings, public
information, administrative procedure, and disclosing conflicts of
interest; and
(B) other laws applicable to members of the
advisory board in performing the members' duties; and
(6) [(4)] any applicable ethics policies adopted by
the commission [board] or the Texas Ethics Commission.
(c) The executive director shall create a training manual
that includes the information required by Subsection (b). The
executive director shall distribute a copy of the training manual
annually to each advisory board member. On receipt of the training
manual, each advisory board member shall sign and submit to the
executive director a statement acknowledging receipt of the
training manual. [A person appointed to the board may be entitled
to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.]
SECTION 13. Subchapter B, Chapter 202, Occupations Code, is
amended by adding Section 202.062 to read as follows:
Sec. 202.062. DUTIES OF ADVISORY BOARD. The advisory board
shall provide advice and recommendations to the department on
technical matters relevant to the administration of this chapter.
SECTION 14. The heading to Subchapter D, Chapter 202,
Occupations Code, is amended to read as follows:
SUBCHAPTER D. [BOARD] POWERS AND DUTIES
SECTION 15. Subchapter D, Chapter 202, Occupations Code, is
amended by adding Section 202.1515 to read as follows:
Sec. 202.1515. GENERAL POWERS AND DUTIES. (a) The
executive director shall administer and enforce this chapter.
(b) The commission shall adopt rules necessary to
administer and enforce this chapter.
SECTION 16. Section 202.160, Occupations Code, is amended
to read as follows:
Sec. 202.160. INFORMATION PROVIDED TO LICENSE HOLDERS. At
least once each biennium, the department [board] shall provide to
license holders information on:
(1) prescribing and dispensing pain medications, with
particular emphasis on Schedule II and Schedule III controlled
substances;
(2) abusive and addictive behavior of certain persons
who use prescription pain medications;
(3) common diversion strategies employed by certain
persons who use prescription pain medications, including
fraudulent prescription patterns; and
(4) the appropriate use of pain medications and the
differences between addiction, pseudo-addiction, tolerance, and
physical dependence.
SECTION 17. Section 202.161, Occupations Code, is amended
to read as follows:
Sec. 202.161. POISON CONTROL CENTER INFORMATION. The
department [board] shall provide to license holders information
regarding the services provided by poison control centers.
SECTION 18. The heading to Subchapter E, Chapter 202,
Occupations Code, is amended to read as follows:
SUBCHAPTER E. [PUBLIC INTEREST INFORMATION AND] COMPLAINT
PROCEDURES
SECTION 19. Subchapter E, Chapter 202, Occupations Code, is
amended by adding Section 202.2025 to read as follows:
Sec. 202.2025. COMPLAINT PRIORITY. The executive director
shall develop, implement, and enforce a written policy for
determining the complaints filed under this chapter that will be
given priority for investigation and resolution by the department.
SECTION 20. Subchapter E, Chapter 202, Occupations Code, is
amended by adding Sections 202.2031 and 202.2032 to read as
follows:
Sec. 202.2031. NOTIFICATION TO PARTIES REGARDING
COMPLAINT. (a) The department shall notify a license holder who is
the subject of a complaint filed with the department that a
complaint has been filed and shall notify the license holder of the
nature of the complaint.
(b) The department is not required to provide notice under
this section if the notice would jeopardize an investigation.
Sec. 202.2032. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a)
In this section:
(1) "Anonymous complaint" means a complaint that lacks
sufficient information to identify the source or the name of the
person who filed the complaint.
(2) "Insurance agent" means a person licensed under
Chapter 4054, Insurance Code.
(3) "Insurer" means an insurance company or other
entity authorized to engage in the business of insurance under
Subtitle C, Title 6, Insurance Code.
(4) "Third-party administrator" means a person
required to have a certificate of authority under Chapter 4151,
Insurance Code.
(b) The department may not accept anonymous complaints.
(c) Notwithstanding any confidentiality requirements under
Chapter 552, Government Code, or this chapter, a complaint filed
with the department by an insurance agent, insurer, pharmaceutical
company, or third-party administrator against a license holder must
include the name and address of the insurance agent, insurer,
pharmaceutical company, or third-party administrator filing the
complaint.
(d) Not later than the 15th day after the date the complaint
is filed with the department, the department shall notify the
license holder who is the subject of the complaint of the name and
address of the insurance agent, insurer, pharmaceutical company, or
third-party administrator who filed the complaint, unless the
notice would jeopardize an investigation.
SECTION 21. Sections 202.252(a), (b), (e), and (f),
Occupations Code, are amended to read as follows:
(a) An application for a license under this chapter must be
submitted in the manner and on a form prescribed by the executive
director [A person who desires to practice podiatry in this state
shall apply in writing to the board for a license on a form
prescribed by the board].
(b) The commission by rule shall establish the information
and documentation required to be submitted as part of an
application for a license under this chapter [applicant shall
submit any information reasonably required by the board], including
evidence satisfactory to the commission or department [board] that
the applicant:
(1) is at least 21 years of age;
(2) [is of good moral character;
[(3)] has completed at least 90 semester hours of
college courses acceptable at the time of completion for credit
toward a bachelor's degree at an institution of higher education
determined by the department to have acceptable standards [The
University of Texas];
(3) [(4)] is a graduate of a reputable school of
podiatry or chiropody; and
(4) [(5)] has successfully completed any other course
of training reasonably required by commission [board] rule relating
to the safe care and treatment of patients.
(e) All educational attainments or credits for evaluation
under this chapter must be completed within the United States. The
department [board] may not accept educational credits attained in a
foreign country that are not approved by the department [acceptable
to The University of Texas for credit toward a bachelor's degree].
(f) For purposes of this section, a podiatry or chiropody
school is reputable if:
(1) the course of instruction consists of four terms
of approximately eight months each, or the substantial equivalent;
and
(2) the school is approved by the department [board].
SECTION 22. Subchapter F, Chapter 202, Occupations Code, is
amended by adding Section 202.2525 to read as follows:
Sec. 202.2525. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE ISSUANCE. (a) The department shall require that an
applicant for a license submit a complete and legible set of
fingerprints, on a form prescribed by the executive director, to
the department or to the Department of Public Safety for the purpose
of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of
Investigation.
(b) The department may not issue a license to a person who
does not comply with the requirement of Subsection (a).
(c) The department shall conduct a criminal history record
information check of each applicant for a license using
information:
(1) provided by the individual under this section; and
(2) made available to the department by the Department
of Public Safety, the Federal Bureau of Investigation, and any
other criminal justice agency under Chapter 411, Government Code.
(d) The department may:
(1) enter into an agreement with the Department of
Public Safety to administer a criminal history record information
check required under this section; and
(2) authorize the Department of Public Safety to
collect from each applicant the costs incurred by the Department of
Public Safety in conducting the criminal history record information
check.
SECTION 23. Section 202.253, Occupations Code, is amended
to read as follows:
Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE. (a) The
commission may refuse to issue a license or certificate to a person
who violates this chapter, a rule adopted under this chapter, or an
order of the commission or executive director.
(a-1) The commission or department [board] may refuse to
admit a person to an examination, and may refuse to issue a license
to practice podiatry to a person, for:
(1) presenting [to the board] a license, certificate,
or diploma that was illegally or fraudulently obtained or engaging
in fraud or deception in passing the examination;
(2) being convicted of:
(A) a felony;
(B) a crime that involves moral turpitude; or
(C) an offense under Section 202.606;
(3) engaging in habits of intemperance or drug
addiction that in the department's [board's] opinion would endanger
the health, well-being, or welfare of patients;
(4) engaging in grossly unprofessional or
dishonorable conduct of a character that in the department's
[board's] opinion is likely to deceive or defraud the public;
(5) directly or indirectly violating or attempting to
violate this chapter or a rule adopted under this chapter as a
principal, accessory, or accomplice;
(6) using any advertising statement of a character
tending to mislead or deceive the public;
(7) advertising professional superiority or the
performance of professional service in a superior manner;
(8) purchasing, selling, bartering, or using or
offering to purchase, sell, barter, or use a podiatry degree,
license, certificate, diploma, or a transcript of a license,
certificate, or diploma, in or incident to an application [to the
board] for a license to practice podiatry;
(9) altering, with fraudulent intent, a podiatry
license, certificate, diploma, or a transcript of a podiatry
license, certificate, or diploma;
(10) using a podiatry license, certificate, or
diploma, or a transcript of a podiatry license, certificate, or
diploma, that has been fraudulently purchased, issued,
counterfeited, or materially altered;
(11) impersonating, or acting as proxy for, another
person in a podiatry license examination;
(12) impersonating a license holder, or permitting
another person to use the license holder's license to practice
podiatry in this state, to treat or offer to treat, by any method,
conditions and ailments of human feet;
(13) directly or indirectly employing a person whose
license to practice podiatry has been suspended or associating in
the practice of podiatry with a person whose license to practice
podiatry has been suspended or who has been convicted of the
unlawful practice of podiatry in this state or elsewhere;
(14) wilfully making in the application for a license
to practice podiatry a material misrepresentation or material
untrue statement;
(15) being unable to practice podiatry with reasonable
skill and safety to a patient because of age, illness, drunkenness,
or excessive use of drugs, narcotics, chemicals, or other
substances or as a result of a mental or physical condition;
(16) failing to practice podiatry in an acceptable
manner consistent with public health and welfare;
(17) being removed, suspended, or disciplined in
another manner by the podiatrist's peers in a professional podiatry
association or society, whether local, regional, state, or national
in scope, or being disciplined by a licensed hospital or the medical
staff of a hospital, including removal, suspension, limitation of
hospital privileges, or other disciplinary action, if the
commission or department [board] determines that the action was:
(A) based on unprofessional conduct or
professional incompetence likely to harm the public; and
(B) appropriate and reasonably supported by
evidence submitted to the association, society, hospital, or
medical staff; or
(18) having repeated or recurring meritorious health
care liability claims filed against the podiatrist that in the
commission's or department's [board's] opinion are evidence of
professional incompetence likely to injure the public.
(b) In enforcing Subsection (a-1)(15) [(a)(15)], the
department [board], on probable cause, shall request the affected
podiatrist to submit to a mental or physical examination by a
physician designated by the department [board]. If the podiatrist
refuses to submit to the examination, the commission or executive
director [board] shall issue an order requiring the podiatrist to
show cause why the podiatrist will not submit to the examination and
shall schedule a hearing on the order not later than the 30th day
after the date notice is served on the podiatrist. The podiatrist
shall be notified by either personal service or certified mail with
return receipt requested.
(c) At the hearing, the podiatrist and the podiatrist's
attorney may present testimony and other evidence to show why the
podiatrist should not be required to submit to the examination.
After a complete hearing, the commission or executive director
[board] shall issue an order either requiring the podiatrist to
submit to the examination or withdrawing the request for
examination.
SECTION 24. Sections 202.254(a), (b), and (c), Occupations
Code, are amended to read as follows:
(a) Except as provided by Section 202.261, each applicant
for a license to practice podiatry in this state must pass an
examination approved by the department [board]. [Each applicant
shall pay to the board an examination fee at least 15 days before
the date of the scheduled examination.]
(b) The department shall recognize, prepare, administer, or
arrange for the administration of an examination under this chapter
[board may adopt and enforce rules of procedure for administering
this section. A public board member may not participate in any part
of the examination process for applicants for a license issued by
the board that requires knowledge of the practice of podiatry].
(c) The license examination must consist of a written and
practical component. The department [board] shall determine the
passing score for the examination using accepted
criterion-referenced methods. The department [board] shall have
the examination validated by an independent testing professional.
SECTION 25. Section 202.257, Occupations Code, is amended
to read as follows:
Sec. 202.257. ISSUANCE OF LICENSE. The department [board]
shall issue a license to each applicant who possesses the
qualifications required for a license and passes the examination.
SECTION 26. Section 202.259(a), Occupations Code, is
amended to read as follows:
(a) The commission [board] by rule may adopt a procedure for
the issuance of a temporary license to an applicant other than an
applicant for a provisional license under Section 202.260.
SECTION 27. Sections 202.260(a), (b), (c), and (d),
Occupations Code, are amended to read as follows:
(a) On application, the department [board] shall grant a
provisional license to practice podiatry to an applicant who:
(1) is licensed in good standing as a podiatrist in
another state that has licensing requirements that are
substantially equivalent to the requirements of this chapter;
(2) has passed a national or other examination
recognized by the department [board] relating to the practice of
podiatry; and
(3) is sponsored by a person licensed under this
chapter with whom the provisional license holder may practice under
this section.
(b) The department [board] may excuse an applicant for a
provisional license from the requirement of Subsection (a)(3) if
the department [board] determines that compliance with that
subdivision [subsection] constitutes a hardship to the applicant.
(c) A provisional license is valid until the date the
department [board] approves or denies the provisional license
holder's application for a license. Except as provided by
Subsection (e), the department [board] shall issue a license under
this chapter to the holder of a provisional license under this
section if:
(1) the provisional license holder passes the
examination required by Section 202.254;
(2) the department [board] verifies that the
provisional license holder has the academic and experience
requirements for a license under this chapter; and
(3) the provisional license holder satisfies any other
license requirements under this chapter.
(d) The department [board] shall complete the processing of
a provisional license holder's application for a license not later
than the 180th day after the date the provisional license is issued.
The department [board] may extend that deadline to allow for the
receipt of pending examination results.
SECTION 28. Sections 202.261(a) and (b), Occupations Code,
are amended to read as follows:
(a) The department [board] may issue a license to practice
podiatry without administering the examination under Section
202.254 to a podiatrist who:
(1) at the time of applying for a license has accepted
an appointment or is serving as a full-time member of the faculty of
an educational institution in this state offering an approved or
accredited course of study or training leading to a degree in
podiatry;
(2) is licensed to practice podiatry in another state
that has licensing requirements substantially equivalent to those
established by this state; and
(3) otherwise satisfies the requirements of Section
202.252.
(b) For purposes of Subsection (a)(1), a course of study,
training, or education is considered to be approved or accredited
if it is approved or accredited by the department [board] as
constituting a reputable course of study, training, or education.
In deciding whether to approve or accredit a course of study,
training, or education, the department [board] shall consider
whether the course is approved or accredited by the Council on
Podiatric Medical Education of the American Podiatric Medical
Association or its successor organization.
SECTION 29. Section 202.262, Occupations Code, is amended
to read as follows:
Sec. 202.262. DISPLAY OF LICENSE. (a) A person licensed
under this chapter must conspicuously display both the license and
an unexpired [an annual] renewal certificate [for the current year
of practice] at the location where the person practices.
(b) The person shall exhibit the license and renewal
certificate to a department [board] representative on the
representative's official request for examination or inspection.
SECTION 30. Section 202.263, Occupations Code, is amended
to read as follows:
Sec. 202.263. ISSUANCE OF DUPLICATE OR AMENDED LICENSE.
(a) If a license issued by the department [board] is lost,
destroyed, or stolen from the person to whom it was issued, the
license holder shall report the fact to the department and [board in
an affidavit. The affidavit must] include detailed information as
to the loss, destruction, or theft, giving dates, place, and
circumstances.
(b) A license holder may apply to the department [board] for
an amended license because of a lawful change in the person's name
or degree designation or for any other lawful and sufficient
reason. The license holder must state the reasons that the issuance
of an amended license is requested.
(c) The department [board] shall issue a duplicate or
amended license on application by a license holder and payment of a
fee set by the commission [board] for the duplicate or amended
license. The department [board] may not issue a duplicate or
amended license unless:
(1) the license holder submits sufficient evidence to
prove the license has been lost, destroyed, or stolen or
establishes the lawful reason that an amended license should be
issued; and
(2) the department's [board's] records show a license
had been issued and was in effect at the time of the loss,
destruction, or theft or on the date of the request for an amended
license.
(d) If an amended license is issued, the license holder
shall return the original license to the department [board].
SECTION 31. Subchapter G, Chapter 202, Occupations Code, is
amended by adding Section 202.3015 to read as follows:
Sec. 202.3015. TERM AND RENEWAL. (a) A license issued
under this chapter is valid for one or two years as determined by
commission rule.
(b) The commission by rule shall establish the requirements
for renewing a license and issuing a renewal certificate under this
chapter, including payment of applicable fees.
SECTION 32. Subchapter G, Chapter 202, Occupations Code, is
amended by adding Section 202.3025 to read as follows:
Sec. 202.3025. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR LICENSE RENEWAL. (a) An applicant renewing a
license issued under this chapter shall submit a complete and
legible set of fingerprints for purposes of performing a criminal
history record information check of the applicant as provided by
Section 202.2525.
(b) The department may administratively suspend or refuse
to renew the license of a person who does not comply with the
requirement of Subsection (a).
(c) A license holder is not required to submit fingerprints
under this section for the renewal of the license if the license
holder has previously submitted fingerprints under:
(1) Section 202.2525 for the initial issuance of the
license; or
(2) this section as part of a prior license renewal.
SECTION 33. Section 202.303, Occupations Code, is amended
to read as follows:
Sec. 202.303. PRACTICE WITHOUT RENEWING LICENSE. A person
who practices podiatry with [without] an expired [annual] renewal
certificate [for the current year] is considered to be practicing
without a license and is subject to all the penalties of the
practice of podiatry without a license.
SECTION 34. Sections 202.304(a) and (b), Occupations Code,
are amended to read as follows:
(a) Except as provided by Subsection (c), this section
applies to a podiatrist whose license has been suspended or
revoked, or whose most recently issued [annual] renewal certificate
has expired, while the podiatrist has been:
(1) engaged in federal service or on active duty with:
(A) the United States Army;
(B) the United States Navy;
(C) the United States Marine Corps;
(D) the United States Coast Guard; or
(E) the United States Air Force;
(2) called into service or training of the United
States; or
(3) in training or education under the supervision of
the United States before induction into military service.
(b) A podiatrist subject to this section may renew the
podiatrist's license without paying a renewal fee for the expired
license or passing an examination if, not later than the first
anniversary of the date of the termination of service, training, or
education described by Subsection (a), other than by dishonorable
discharge, the podiatrist furnishes to the department [board] an
affidavit stating that the podiatrist has been so engaged and that
the service, training, or education has terminated.
SECTION 35. Section 202.305, Occupations Code, is amended
to read as follows:
Sec. 202.305. CONTINUING EDUCATION. (a) The commission by
rule shall establish the minimum number of hours of continuing
education required for license renewal.
(a-1) The department [board] shall develop a mandatory
continuing education program in accordance with commission rules.
In developing its program, the department [board] shall:
(1) [establish by rule the minimum hours of continuing
education required for license renewal;
[(2)] identify the key factors that lead to the
competent performance of professional duties;
(2) [(3)] develop a process to evaluate and approve
continuing education courses; and
(3) [(4)] develop a process to assess the
participation and performance of license holders in continuing
education courses to enable the department [board] to evaluate the
overall effectiveness of the program.
(b) The department [board] may assess the continuing
education needs of a license holder and require the license holder
to attend continuing education courses specified by the department
[board].
SECTION 36. The heading to Section 202.352, Occupations
Code, is amended to read as follows:
Sec. 202.352. [BOARD] APPROVAL OF NAMES UNDER WHICH
PODIATRIST MAY PRACTICE.
SECTION 37. Sections 202.352(a) and (b), Occupations Code,
are amended to read as follows:
(a) The commission [board] may adopt rules establishing
standards or guidelines for the name, including a trade name or
assumed name, under which a podiatrist may conduct a practice in
this state. In its rules, the commission [board] may also establish
procedures to review and make determinations approving or
disapproving a specific name submitted to the department [board] by
one or more podiatrists desiring to practice under a particular
name.
(b) The authority granted to the commission and department
[board] by this section includes any form of business organization
under which a podiatrist conducts a practice, including:
(1) a sole proprietorship;
(2) an association;
(3) a partnership;
(4) a professional corporation;
(5) a clinic;
(6) a health maintenance organization; and
(7) a group practice with a practitioner of another
branch of the healing art.
SECTION 38. Sections 202.353(a), (c), (d), (e), (f), (g),
(h), and (i), Occupations Code, are amended to read as follows:
(a) An insurer who delivers or issues for delivery in this
state professional liability insurance coverage to a podiatrist who
practices in this state shall furnish to the department [board] the
information specified in Subsection (b) relating to:
(1) a notice of claim letter or a complaint filed
against the insured in a court, if the notice of claim letter or the
complaint seeks the recovery of damages based on the insured's
conduct in providing or failing to provide medical or health care
services; or
(2) a settlement of a claim or other legal action made
by the insurer on behalf of the insured.
(c) If a podiatrist who practices in this state is not
covered by professional liability insurance or is insured by an
insurer who is not authorized to write professional liability
insurance for podiatrists in this state, the affected podiatrist
shall submit information to the department [board] relating to any
malpractice action brought against that podiatrist. The podiatrist
shall submit the information as required by rules adopted by the
commission [board] under Subsections (d)-(f).
(d) In consultation with the commissioner of insurance, the
commission [board] shall adopt rules for reporting the information
required under Subsections (a) and (b) and any additional
information required by the department [board].
(e) The department [board] shall consider other claim
reports required under state or federal law in determining:
(1) any additional information to be reported;
(2) the form of the report; and
(3) reasonable reporting intervals.
(f) The department [board] may require additional
information, including:
(1) the date of a judgment, dismissal, or settlement
of a malpractice action;
(2) whether an appeal has been taken and the identity
of the party appealing; and
(3) the amount of any judgment or settlement.
(g) An insurer, an agent or employee of the insurer, a
commission [board] member, or an employee or representative of the
department [board] is not liable or subject to a cause of action for
an action taken as required under this section.
(h) A report or information submitted to the department
[board] under this section or the fact that a report or information
has been submitted may not be offered in evidence or in any manner
used in the trial of an action brought against a podiatrist based on
the podiatrist's conduct in providing or failing to provide medical
or health care services.
(i) The department [board] shall review the information
relating to a podiatrist against whom three or more malpractice
claims have been reported during any five-year period in the same
manner as if a complaint against that podiatrist had been made to
the department [board] under Subchapter E.
SECTION 39. Subchapter H, Chapter 202, Occupations Code, is
amended by adding Section 202.354 to read as follows:
Sec. 202.354. DUTIES RELATED TO CERTAIN PRESCRIPTIONS. (a)
A podiatrist may not prescribe a drug listed in Subsection (b) to a
patient unless the podiatrist has reviewed the patient's
prescription history by accessing the prescription information
submitted to the Texas State Board of Pharmacy as authorized by
Section 481.076(a)(5), Health and Safety Code.
(b) Subsection (a) applies only to the prescribing of:
(1) opioids;
(2) benzodiazepines;
(3) barbiturates; or
(4) carisoprodol.
(c) Failure by a podiatrist to comply with the requirements
of this section is grounds for disciplinary action under
Subchapters F and G, Chapter 51.
SECTION 40. Sections 202.404(d) and (e), Occupations Code,
are amended to read as follows:
(d) The privilege and confidentiality requirements under
this subchapter do not apply in a criminal investigation of or
criminal proceeding against a podiatrist in which the department
[board] is participating or assisting by providing certain records
obtained from the podiatrist. This subsection does not authorize
the release of any confidential information to instigate or
substantiate criminal charges against a patient.
(e) The department [board] shall protect the identity of a
patient whose podiatric records are examined or provided under
Subsection (c) or (d), other than a patient who:
(1) is covered under Subsection (a)(1); or
(2) has submitted written consent to the release of
the patient's podiatric records as provided by Section 202.406.
SECTION 41. Section 202.452(a), Occupations Code, is
amended to read as follows:
(a) Written or oral communications made to a podiatric peer
review committee and the records and proceedings of a peer review
committee may be disclosed to:
(1) another podiatric peer review committee;
(2) an appropriate state or federal agency;
(3) a national accreditation body; or
(4) the department [board] or the state board of
registration or licensing of podiatrists in another state.
SECTION 42. Section 202.453, Occupations Code, is amended
to read as follows:
Sec. 202.453. INFORMATION PROVIDED TO AFFECTED PODIATRIST.
A podiatric peer review committee that takes action that could
result in censure or suspension, restriction, limitation, or
revocation of a license by the commission or executive director
[board] or a denial of a podiatrist's membership or privileges in a
health care entity shall provide the affected podiatrist a written
copy of the committee's recommendation and a copy of the final
decision, including a statement of the basis for the decision.
SECTION 43. Section 202.455(f), Occupations Code, is
amended to read as follows:
(f) The disclosure of documents or information under a
subpoena issued by the department [board] does not constitute a
waiver of the confidentiality privilege associated with a podiatric
peer review committee proceeding.
SECTION 44. Section 202.456(b), Occupations Code, is
amended to read as follows:
(b) A person, including a health care entity or podiatric
peer review committee, that participates in podiatric peer review
activity or furnishes records, information, or assistance to a
podiatric peer review committee or to the department [board] is
immune from civil liability arising from those acts if the person
acted in good faith and without malice.
SECTION 45. The heading to Section 202.501, Occupations
Code, is amended to read as follows:
Sec. 202.501. [BOARD] DISCIPLINARY POWERS; ADMINISTRATIVE
PROCEDURE.
SECTION 46. Sections 202.501(a) and (d), Occupations Code,
are amended to read as follows:
(a) The commission or executive director [board] shall
revoke or suspend a license, place on probation a person whose
license has been suspended, or reprimand a license holder for
violating the law regulating the practice of podiatry or a rule
adopted by the commission under this chapter [board].
(d) A person whose license to practice podiatry has been
revoked or suspended by order of the commission or executive
director [board] may appeal the action to a district court in Travis
County. The [board's] decision of the commission or the executive
director may not be enjoined or stayed except on application to the
district court after notice to the department [board].
SECTION 47. Section 202.502, Occupations Code, is amended
to read as follows:
Sec. 202.502. REVOCATION AND SUSPENSION OF LICENSE FOR
DRUG-RELATED FELONY CONVICTION. (a) The commission or executive
director [board] shall suspend a person's license after an
administrative hearing conducted in accordance with Chapter 2001,
Government Code, in which the commission or executive director
[board] determines that the license holder has been convicted of a
felony under Chapter 481 or 483, Health and Safety Code, or Section
485.033, Health and Safety Code.
(b) On the person's final conviction, the commission or
executive director [board] shall revoke the person's license.
(c) The department [board] may not reinstate or reissue a
license to a person whose license is suspended or revoked under this
section except on an express determination based on substantial
evidence contained in an investigative report indicating that the
reinstatement or reissuance of the license is in the best interests
of the public and of the person whose license has been suspended or
revoked.
SECTION 48. The heading to Section 202.503, Occupations
Code, is amended to read as follows:
Sec. 202.503. PROBATION[; HEARING].
SECTION 49. Section 202.503(a), Occupations Code, is
amended to read as follows:
(a) The commission or executive director [board, on
majority vote,] may probate an order revoking [or suspending] a
podiatrist's license conditioned on the podiatrist conforming to
any order or rule the commission [board] adopts as the condition of
probation. The commission or executive director [board], at the
time of probation, shall set the term of the probationary period.
SECTION 50. Section 202.504, Occupations Code, is amended
to read as follows:
Sec. 202.504. REISSUANCE OF LICENSE. (a) On application,
the department [board] may reissue a license to practice podiatry
to a person whose license has been revoked or suspended.
(b) A person whose license has been revoked may not apply
for a reissued license before the first anniversary of the date of
the revocation. The person shall apply for the license in the
manner and form required by the department [board].
SECTION 51. Section 202.505, Occupations Code, is amended
to read as follows:
Sec. 202.505. REEXAMINATION IF LICENSE SUSPENDED OR
REVOKED. The department [board] may refuse to reinstate a license
or to issue a new license until a podiatrist has passed the regular
license examination if the commission or executive director [board]
suspended or revoked the license for:
(1) failure to satisfy continuing education
requirements under Section 202.305; or
(2) nonpayment of the [annual] license renewal fee.
SECTION 52. Subchapter K, Chapter 202, Occupations Code, is
amended by adding Section 202.5071 to read as follows:
Sec. 202.5071. SUBPOENA AUTHORITY. The department may
issue a subpoena as provided by Section 51.3512.
SECTION 53. Section 202.5085, Occupations Code, is amended
to read as follows:
Sec. 202.5085. REFUND. (a) Subject to Subsection (b), the
commission or executive director [board] may order a person
licensed under this chapter to pay a refund to a consumer as
provided in an agreed settlement, default order, or commission
order [agreement resulting from an informal settlement conference]
instead of or in addition to imposing an administrative penalty
against the person [under this chapter].
(b) The amount of a refund ordered [as provided in an
agreement resulting from an informal settlement conference] may not
exceed the amount the consumer paid to the person for a service
regulated by this chapter. The commission or executive director
[board] may not require payment of other damages or estimate harm in
a refund order.
SECTION 54. Section 202.509, Occupations Code, is amended
to read as follows:
Sec. 202.509. CONFIDENTIALITY AND DISCLOSURE OF
INVESTIGATIVE INFORMATION. (a) Except as provided by Subsections
(b), (d), and (f) of this section, Section 202.2031, and Section
202.2032, a [A] complaint, report, investigation file, or other
investigative information in the possession of or received or
gathered by the department [board] or an employee or agent of the
department [board] that relates to a license holder, a license
application, or a criminal investigation or proceeding is
privileged, confidential, and not subject to discovery, subpoena,
or any other legal method of compelling release.
(b) Subject to any other privilege or restriction
established by law, not later than the 30th day after the date the
department [board] receives a written request from a license
holder, or the license holder's attorney, who is the subject of a
formal complaint, the department [board] shall provide the license
holder with access to all information in the department's [board's]
possession that the department [board] intends to offer into
evidence at the contested case hearing on the complaint. The
department [board] may provide access to the information to the
license holder after the 30th day after the date the department
[board] receives a request only on a showing of good cause.
(c) The department [board] is not required under Subsection
(b) to provide access to the department's [board's] investigative
reports or memoranda, release the identity of a complainant who
will not testify at the hearing, or release information that is an
attorney's work product or protected by the attorney-client
privilege or another privilege recognized by the Texas Rules of
Civil Procedure or Texas Rules of Evidence. [The furnishing of
information under Subsection (b) does not constitute a waiver of
any privilege or confidentiality provision under law.]
(d) Investigative information in the department's [board's]
possession that relates to a disciplinary action regarding a
license holder may be disclosed to:
(1) a licensing agency regulating the practice of
podiatry in another state or country in which the license holder is
also licensed or has applied for a license; [or]
(2) a peer review committee reviewing a license
holder's application for privileges or the license holder's
qualifications with regard to retaining the privileges;
(3) a person involved with the department in a
disciplinary action against the license holder;
(4) a peer assistance program approved by the
commission under Chapter 467, Health and Safety Code;
(5) a law enforcement agency; and
(6) a person engaged in bona fide research, provided
all individual-identifying information has been deleted.
(e) The department [board] shall report to the appropriate
law enforcement agency information obtained by the department
[board] in the course of an investigation that indicates that a
crime may have been committed. The department [board] shall
cooperate and assist a law enforcement agency conducting a criminal
investigation of a license holder by providing relevant information
to the agency. Information provided to a law enforcement agency by
the department [board] is confidential and may not be disclosed
except as necessary to conduct the investigation.
(f) The department [board] shall provide information to a
health care entity on the written request of the entity concerning:
(1) a complaint filed against a license holder that
was resolved after an investigation by the department [board] or
resolved by an agreed settlement; and
(2) the basis for and status of an active
investigation concerning a license holder.
(g) The department's disclosure of information under
Subsection (b), (d), or (f) of this section, Section 202.2031, or
Section 202.2032 does not constitute a waiver of privilege or
confidentiality under this chapter or any other law.
(h) The department shall protect the identity of a
complainant to the extent possible.
SECTION 55. The heading to Subchapter M, Chapter 202,
Occupations Code, is amended to read as follows:
SUBCHAPTER M. [OTHER] PENALTIES AND ENFORCEMENT PROVISIONS
SECTION 56. Subchapter M, Chapter 202, Occupations Code, is
amended by adding Section 202.6011 to read as follows:
Sec. 202.6011. PENALTY SCHEDULE. The commission by rule
shall develop a standardized penalty schedule, including
recommended penalty amounts for each category of punishable conduct
listed in the schedule, based on the criteria listed in Section
51.302(b).
SECTION 57. Section 202.602, Occupations Code, is amended
to read as follows:
Sec. 202.602. MONITORING AND INSPECTION OF LICENSE HOLDER.
(a) The commission [board] by rule shall develop a system to
monitor a podiatrist's compliance with this chapter. The system
must include:
(1) procedures for determining whether a podiatrist is
in compliance with an order issued by the commission or executive
director [board]; and
(2) a method of identifying and monitoring each
podiatrist who represents a risk to the public.
(b) The department [board], during reasonable business
hours, may enter the business premises of a person regulated by the
department under this chapter [board] without notice to:
(1) investigate a complaint filed with the department
[board]; or
(2) determine compliance with an order of the
commission or executive director issued under this chapter [board].
SECTION 58. Subchapter M, Chapter 202, Occupations Code, is
amended by adding Section 202.6025 to read as follows:
Sec. 202.6025. MONITORING HARMFUL PRESCRIBING PATTERNS.
(a) The department shall periodically check the prescribing
information submitted to the Texas State Board of Pharmacy as
authorized by Section 481.076(a)(1), Health and Safety Code, to
determine whether a podiatrist licensed under this chapter is
engaging in potentially harmful prescribing patterns or practices.
(b) The commission, in coordination with the advisory board
and the Texas State Board of Pharmacy, shall determine the conduct
that constitutes a potentially harmful prescribing pattern or
practice for purposes of Subsection (a). In determining the
conduct that constitutes a potentially harmful prescribing pattern
or practice, the commission shall consider:
(1) the number of times a podiatrist prescribes a drug
listed in Section 202.354(b); and
(2) for prescriptions described by Subdivision (1),
patterns of prescribing combinations of those drugs and other
dangerous combinations of drugs identified by the commission in
coordination with the advisory board.
(c) If the department suspects that a podiatrist licensed
under this chapter may be engaging in potentially harmful
prescribing patterns or practices, the department may notify the
podiatrist of the potentially harmful prescribing pattern or
practice.
(d) The department may initiate a complaint against a
podiatrist based on information obtained under this section.
SECTION 59. Section 202.603, Occupations Code, is amended
to read as follows:
Sec. 202.603. PROSECUTION OF VIOLATION. The department
[board] shall take action to ensure the prosecution of each person
who violates this chapter and may incur reasonably necessary
related expenses.
SECTION 60. Section 202.604, Occupations Code, is amended
to read as follows:
Sec. 202.604. CIVIL PENALTY: USE OF TRADE NAME;
INJUNCTION. (a) A person who violates Section 202.352 or a rule
adopted or a determination made by the commission [board] under
that section is subject to a civil penalty of not less than $50 or
more than $500 for each day of violation.
(b) If it appears that a person has violated or is violating
Section 202.352 or a rule adopted or determination made by the
commission [board] under that section, the department [board] may
institute a civil action in district court for:
(1) injunctive relief to restrain the person from
continuing the violation;
(2) the assessment and recovery of a civil penalty
under Subsection (a); or
(3) both injunctive relief and the civil penalty.
(c) At the request of the department [board], the attorney
general shall institute and conduct the action in the name of the
state.
SECTION 61. Section 481.352, Health and Safety Code, is
amended to read as follows:
Sec. 481.352. MEMBERS. The work group is composed of:
(1) the executive director of the board or the
executive director's designee, who serves as chair of the work
group;
(2) the commissioner of state health services or the
commissioner's designee;
(3) the executive director of the Texas Medical Board
or the executive director's designee;
(4) the executive director of the Texas Board of
Nursing or the executive director's designee;
(5) the executive director of the Texas Physician
Assistant Board or the executive director's designee;
(6) the executive director of the State Board of
Dental Examiners or the executive director's designee;
(7) the executive director of the Texas Optometry
Board or the executive director's designee;
(8) a member [the executive director] of the [Texas
State Board of] Podiatric Medical Examiners Advisory Board or the
board's [executive director's] designee;
(9) the executive director of the State Board of
Veterinary Medical Examiners or the executive director's designee;
and
(10) a medical examiner appointed by the board.
SECTION 62. The following provisions of the Occupations
Code are repealed:
(1) Section 202.002;
(2) Section 202.052;
(3) Sections 202.059(b) and (c);
(4) Section 202.060;
(5) Subchapter C, Chapter 202;
(6) Section 202.151;
(7) Section 202.152;
(8) Section 202.1525;
(9) Section 202.153;
(10) Section 202.154;
(11) Section 202.1545;
(12) Section 202.155;
(13) Section 202.156;
(14) Section 202.157;
(15) Section 202.158;
(16) Section 202.162;
(17) Section 202.163;
(18) Section 202.201;
(19) Section 202.202;
(20) Section 202.203;
(21) Section 202.204;
(22) Section 202.205;
(23) Sections 202.252(c) and (d);
(24) Section 202.254(e);
(25) Section 202.255;
(26) Section 202.264;
(27) Section 202.301;
(28) Section 202.302;
(29) Section 202.501(b);
(30) Sections 202.503(b), (c), (d), and (e);
(31) Section 202.507;
(32) Section 202.508;
(33) Section 202.510;
(34) Subchapter L, Chapter 202;
(35) Section 202.601; and
(36) Section 202.6015.
SECTION 63. (a) In this section:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Former board" means the Texas State Board of
Podiatric Medical Examiners.
(b) On September 1, 2017:
(1) all functions and activities performed by the
former board immediately before that date are transferred to the
department;
(2) all rules, fees, policies, procedures, decisions,
and forms adopted by the former board are continued in effect as
rules, fees, policies, procedures, decisions, and forms of the
commission or the department, as applicable, and remain in effect
until amended or replaced by the commission or department;
(3) a complaint, investigation, contested case, or
other proceeding before the former board that is pending on
September 1, 2017, is transferred without change in status to the
department or the commission, as appropriate;
(4) all money, contracts, leases, property, and
obligations of the former board are transferred to the department;
(5) all property in the custody of the former board is
transferred to the department; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the former board is
transferred to the department.
(c) The former board shall provide the department with
access to any systems or information necessary for the department
to accept the program transferred under this Act, including:
(1) licensing, revenue, and expenditure systems;
(2) rights to service contracts and licensing
agreements;
(3) use of online renewal and new application systems;
and
(4) review and resolution of pending judgments and
outstanding expenditures.
(d) Unless the context indicates otherwise, a reference to
the former board in a law or administrative rule means the
commission or the department, as applicable.
(e) A license or certificate issued by the former board is
continued in effect as a license or certificate of the department.
(f) On September 1, 2017, all full-time equivalent employee
positions at the former board that primarily concern the
administration or enforcement of Chapter 202, Occupations Code,
become positions at the department. The department shall post the
positions for hiring and, when filling the positions, shall give
first consideration to, but is not required to hire, an applicant
who, as of August 31, 2017, was an employee at the former board
primarily involved in administering or enforcing Chapter 202,
Occupations Code.
SECTION 64. (a) On September 1, 2017, the terms of the
members serving on the Texas State Board of Podiatric Medical
Examiners expire, and the Texas State Board of Podiatric Medical
Examiners is abolished.
(b) Not later than December 1, 2017, the governor shall
appoint members to the Podiatric Medical Examiners Advisory Board
in accordance with Section 202.051, Occupations Code, as amended by
this Act. A member whose term expired under Subsection (a) of this
section is eligible for reappointment to the advisory board.
(c) The members whose terms expire under Subsection (a) of
this section shall continue to provide advice to the Texas
Department of Licensing and Regulation until a majority of the
members of the advisory board are appointed under Subsection (b) of
this section and qualified.
SECTION 65. Section 202.061, Occupations Code, as amended
by this Act, applies only to a member of the Podiatric Medical
Examiners Advisory Board appointed on or after the effective date
of this Act.
SECTION 66. (a) As soon as possible after the effective
date of this Act, the Texas Commission of Licensing and Regulation
shall adopt the rules necessary to implement Section 202.252,
Occupations Code, as amended by this Act.
(b) Not later than September 1, 2019, the Texas Department
of Licensing and Regulation shall obtain criminal history record
information on each person who, on the effective date of this Act,
holds a license issued under Chapter 202, Occupations Code, and did
not undergo a criminal history record information check based on
the license holder's fingerprints on initial application for the
license. The department may suspend the license of a license holder
who does not provide the criminal history record information as
required by the department and this subsection.
SECTION 67. Section 202.354, Occupations Code, as added by
this Act, applies only to a prescription issued on or after
September 1, 2018. A prescription issued before September 1, 2018,
is governed by the law in effect on the date the prescription is
issued, and the former law is continued in effect for that purpose.
SECTION 68. The changes in law made by this Act do not
affect the validity of a disciplinary action or other proceeding
that was initiated before the effective date of this Act and that is
pending before a court or other governmental entity on the
effective date of this Act.
SECTION 69. (a) A violation of a law that is repealed by
this Act is governed by the law in effect when the violation was
committed, and the former law is continued in effect for that
purpose.
(b) For purposes of this section, a violation was committed
before the effective date of this Act if any element of the
violation occurred before that date.
SECTION 70. This Act takes effect September 1, 2017.