By: Guillen H.B. No. 2667
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of certain occupations and
activities; providing administrative penalties; requiring
occupational licenses; authorizing fees; creating criminal
offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. COURT-ORDERED EDUCATIONAL PROGRAMS
SECTION 1.001. Title 2, Government Code, is amended by
adding Subtitle M to read as follows:
SUBTITLE M. COURT PROGRAMS REGULATION
CHAPTER 171. EDUCATIONAL PROGRAMS REGULATED BY TEXAS DEPARTMENT OF
LICENSING AND REGULATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 171.0001. DEFINITIONS. In this chapter:
(1) "Alcohol educational program for minors" means an
alcohol awareness program described by Section 106.115, Alcoholic
Beverage Code.
(2) "Certificate of program completion" means a
uniform, serially numbered certificate that is given by a program
provider to a participant who successfully completes a
court-ordered program.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Court-ordered program" means any of the following
programs:
(A) the alcohol educational program for minors;
(B) the drug offense educational program;
(C) the intervention program for intoxication;
(D) the intoxication offense educational
program; or
(E) the responsible pet owner program.
(5) "Department" means the Texas Department of
Licensing and Regulation.
(6) "Drug offense educational program" means an
educational program described by Section 521.374(a)(1),
Transportation Code.
(7) "Executive director" means the executive director
of the department.
(8) "Instructor" means a person licensed by the
department to instruct a court-ordered program.
(9) "Intervention program for intoxication" means an
educational program described by Article 42A.404, Code of Criminal
Procedure.
(10) "Intoxication offense educational program" means
an educational program described by Article 42A.403, Code of
Criminal Procedure.
(11) "Participant" means a person who attends a
court-ordered program.
(12) "Program provider" means a person licensed by the
department to offer or provide a court-ordered program.
(13) "Responsible pet owner program" means an
educational program described by Article 42A.511(a)(1), Code of
Criminal Procedure.
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSION, DEPARTMENT, AND
EXECUTIVE DIRECTOR
Sec. 171.0051. GENERAL POWERS AND DUTIES. The commission,
department, or executive director, as appropriate, shall
administer and enforce this chapter.
Sec. 171.0052. POWERS AND DUTIES OF DEPARTMENT. The
department shall:
(1) prescribe the application form for a license under
this chapter;
(2) evaluate the qualifications of applicants; and
(3) enforce minimum standards applicable to program
providers, instructors, and court-ordered programs.
Sec. 171.0053. RULES. (a) The commission shall adopt rules
necessary to administer and enforce this chapter.
(b) The department may consult with other state agencies in
the development of rules under this section.
Sec. 171.0054. FEES. (a) The commission by rule shall set
fees in amounts that are reasonable and necessary to cover the costs
of administering and enforcing this chapter, including fees for:
(1) the issuance or renewal of a license;
(2) the issuance of a certificate of program
completion or a certificate number; and
(3) the curricula and materials used for a
court-ordered program.
(b) A fee imposed by the department under this chapter is
not refundable.
(c) The department or the department's authorized
representative may collect a fee imposed under this chapter.
Sec. 171.0055. CODE OF ETHICS. The commission shall adopt
and publish a code of ethics for license holders.
Sec. 171.0056. ELECTRONIC TRANSMISSION OF PROGRAM
INFORMATION. The department may develop and implement procedures
to electronically transmit information regarding court-ordered
programs to municipal and justice courts.
Sec. 171.0057. DIRECTORY. (a) The department shall
maintain a directory of:
(1) program providers;
(2) instructors; and
(3) court-ordered programs.
(b) The department shall make the directory available to the
public.
Sec. 171.0058. MEMORANDUM OF UNDERSTANDING. The department
may enter into a memorandum of understanding with the Department of
Public Safety, the Texas Department of Transportation, the Texas
Department of Criminal Justice, the Health and Human Services
Commission, the Department of State Health Services, or any other
appropriate state agency regarding the development of rules,
curricula, certificates of program completion, or certificate
numbers for court-ordered programs.
SUBCHAPTER C. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
Sec. 171.0101. COMPLAINTS. (a) Any person may file a
complaint with the department alleging a violation of this chapter
or a rule adopted under this chapter.
(b) The commission by rule shall establish methods by which
participants of a court-ordered program are notified of the name,
mailing address, telephone number, and Internet website address of
the department for the purpose of directing complaints regarding a
person or activity regulated under this chapter to the department.
Sec. 171.0102. ASSISTANCE WITH FILING COMPLAINT. The
department shall provide reasonable assistance to a person who
wishes to file a complaint with the department regarding a person or
activity regulated under this chapter.
SUBCHAPTER D. PROGRAM PROVIDER LICENSE REQUIREMENTS
Sec. 171.0151. PROGRAM PROVIDER LICENSE REQUIRED. A person
may not provide or offer to provide a court-ordered program unless
the person holds a program provider license issued under this
subchapter for the program.
Sec. 171.0152. ELIGIBILITY REQUIREMENTS FOR PROGRAM
PROVIDER LICENSE. (a) The commission by rule shall establish
eligibility requirements and criteria for the issuance of a program
provider license under this chapter.
(b) The commission by rule may establish eligibility
requirements based on:
(1) the type of court-ordered program the applicant
seeks to provide; and
(2) the location where a court-ordered program will be
provided, including the applicant's headquarters and any branch
locations.
Sec. 171.0153. ISSUANCE OF PROGRAM PROVIDER LICENSE. The
department shall issue a program provider license to an applicant
who:
(1) meets the eligibility requirements and criteria
established by commission rule;
(2) submits a completed application to the department
on the form prescribed by the department; and
(3) pays the nonrefundable license application fee set
by the commission.
SUBCHAPTER E. INSTRUCTOR LICENSE REQUIREMENTS AND ISSUANCE
Sec. 171.0201. APPLICABILITY. This subchapter applies to
the following court-ordered programs:
(1) the alcohol educational program for minors;
(2) the drug offense educational program;
(3) the intervention program for intoxication; and
(4) the intoxication offense educational program.
Sec. 171.0202. INSTRUCTOR LICENSE REQUIRED. (a) A person
may not instruct or represent that the person is an instructor of a
court-ordered program to which this subchapter applies unless the
person holds the appropriate instructor license issued under this
subchapter.
(b) A separate instructor license is required for each
court-ordered program.
Sec. 171.0203. ISSUANCE OF INSTRUCTOR LICENSE. The
department shall issue an instructor license for a particular
court-ordered program to an applicant who:
(1) meets the eligibility requirements and criteria
established by commission rule;
(2) submits a completed application to the department
on the form prescribed by the department;
(3) submits proof of meeting the education and
experience requirements of Section 171.0204 or 171.0205, as
applicable;
(4) completes the instructor training course and
passes the examination required under Section 171.0206;
(5) passes a criminal history background check
conducted by the department; and
(6) pays the nonrefundable license application fee set
by the commission.
Sec. 171.0204. REQUIREMENTS FOR CERTAIN ALCOHOL OR DRUG
RELATED INSTRUCTOR LICENSES. To be eligible for an instructor
license for an alcohol educational program for minors, intoxication
offense educational program, or drug offense educational program,
an applicant must:
(1) hold an associate degree or a more advanced degree
in psychology, sociology, counseling, social work, criminal
justice, education, nursing, health, or traffic safety;
(2) hold a license, registration, or certification
under Chapter 301, 501, 503, 504, or 505 or Subtitle B, Title 3,
Occupations Code, or under Subchapter B, Chapter 21, Education
Code;
(3) have sufficient experience, as specified by rule,
as a parole or community supervision officer or adult or child
protective services caseworker;
(4) have at least one year of documented experience in
substance abuse or mental health case management; or
(5) have at least one year of education relating to
substance abuse or mental health.
Sec. 171.0205. REQUIREMENTS FOR INTERVENTION PROGRAM FOR
INTOXICATION INSTRUCTOR LICENSE. To be eligible for an instructor
license for the intervention program for intoxication, an applicant
must:
(1) either:
(A) hold a license or registration under Chapter
501, 503, 504, or 505 or Subtitle B, Title 3, Occupations Code; or
(B) hold an associate degree or a more advanced
degree in psychology, sociology, counseling, social work, criminal
justice, education, nursing, or health; and
(2) have at least two years of documented experience
providing direct client services to persons with substance abuse
disorders or mental illness.
Sec. 171.0206. INSTRUCTOR TRAINING COURSE; EXAMINATION.
(a) The commission by rule shall establish the requirements for the
instructor training course and examination.
(b) The department or the department's authorized
representative shall provide the training course and administer
examinations for applicants for an instructor license.
(c) The commission may adopt rules to provide for the
reexamination of an applicant who fails the examination.
(d) The department or the department's authorized
representative may charge a fee as set by commission rule for the
instructor training course, any training materials, and the
examination.
SUBCHAPTER F. RESTRICTIONS ON LICENSE
Sec. 171.0251. LICENSE NOT TRANSFERABLE. A license issued
under this chapter is not transferable or assignable.
Sec. 171.0252. LICENSE ONLY FOR ISSUED PROGRAM. A license
issued under this chapter is valid only for the type of
court-ordered program for which the license is issued.
SUBCHAPTER G. LICENSE TERM AND RENEWAL
Sec. 171.0301. LICENSE TERM. A license issued under this
chapter is valid for one or two years from the date of issuance as
prescribed by commission rule.
Sec. 171.0302. LICENSE RENEWAL. The commission by rule
shall establish the requirements for renewing a license issued
under this chapter, including the payment of applicable fees.
Sec. 171.0303. CONTINUING EDUCATION FOR RENEWAL OF
INSTRUCTOR LICENSE. (a) The commission by rule shall establish the
continuing education requirements to renew an instructor license
issued under Subchapter E. The commission may require a different
number of hours of continuing education for each type of
court-ordered program.
(b) In addition to the continuing education requirements of
Subsection (a), an instructor must complete an instructor
continuing education seminar prescribed by the department if the
department makes substantial changes to the curriculum or materials
for the court-ordered program for which the license was issued.
(c) The commission by rule may establish an alternative
method for satisfying the continuing education requirements of
Subsection (a).
SUBCHAPTER H. COURT-ORDERED PROGRAM REQUIREMENTS
Sec. 171.0351. GENERAL COURT-ORDERED PROGRAM REQUIREMENTS.
(a) The commission shall adopt rules for each court-ordered
program regarding:
(1) the criteria for administration;
(2) the structure, length, content, manner of
delivery, schedule, and applicable fees;
(3) the criteria for a participant to successfully
complete the program; and
(4) the development of a certificate of program
completion that is acceptable to a court.
(b) The commission may adopt rules for each court-ordered
program regarding records to be maintained and reports to be filed
with the department.
(c) The department or the department's authorized
representative shall develop the curriculum and educational
materials to be used for each court-ordered program.
(d) A program provider or instructor may not discriminate
against participants based on sex, race, religion, age, national or
ethnic origin, or disability.
Sec. 171.0352. ADDITIONAL REQUIREMENTS FOR ALCOHOL OR DRUG
RELATED PROGRAMS. (a) This section applies to the following
court-ordered programs:
(1) the alcohol educational program for minors;
(2) the drug offense educational program;
(3) the intervention program for intoxication; and
(4) the intoxication offense educational program.
(b) A court-ordered program to which this section applies
must be:
(1) provided by a program provider licensed for the
type of program;
(2) provided at a specific location, if required by
commission rule; and
(3) taught by an instructor licensed for the type of
program.
(c) The commission may adopt rules for each court-ordered
program to which this section applies regarding:
(1) the appointment, qualifications, and
responsibilities of an administrator of a court-ordered program;
(2) the use of supplemental educational materials;
(3) minimum classroom facilities and equipment;
(4) the conduct of instructors;
(5) teaching requirements for instructors; and
(6) participant evaluations, screenings, and exit
interviews.
Sec. 171.0353. ADDITIONAL PROGRAM REQUIREMENTS FOR
RESPONSIBLE PET OWNER PROGRAM. (a) The responsible pet owner
program must be offered online by a program provider licensed for
that program.
(b) The commission may adopt rules for the responsible pet
owner program regarding:
(1) the timing of the program; and
(2) the procedures for program security and attendance
verification.
Sec. 171.0354. CERTIFICATE OF PROGRAM COMPLETION. (a) The
department shall issue or provide for the issuance of a certificate
of program completion or certificate number showing completion of a
court-ordered program.
(b) The commission by rule shall provide for the form,
design, content, and distribution of certificates of program
completion and certificate numbers.
(c) The commission by rule shall adopt a system for program
providers to provide for the appropriate care, custody, and control
of certificates of program completion and certificate numbers.
(d) The commission by rule shall establish requirements
regarding the submission of a copy of a certificate of program
completion or certificate number to the appropriate court, state
agency, or community supervision and corrections department.
SUBCHAPTER I. PRACTICE BY LICENSE HOLDER
Sec. 171.0401. GENERAL REQUIREMENTS FOR ALL LICENSE
HOLDERS. (a) A license holder shall comply with all requirements
under this chapter or commission rule for the court-ordered program
for which the license is issued.
(b) A license holder may only provide or instruct, as
applicable, the court-ordered program for which the license is
issued.
(c) A license holder may only use the curriculum approved
for the court-ordered program for which the license is issued.
Sec. 171.0402. NOTICE OF CHANGE IN ADMINISTRATOR OR CONTACT
INFORMATION. Not later than the 30th day after the date of the
change, a license holder shall notify the department in writing of
any change regarding:
(1) the administrator of a court-ordered program
provided by a program provider; or
(2) the license holder's address, telephone number,
e-mail address, or Internet website address.
SUBCHAPTER J. PRACTICE BY PROGRAM PROVIDER
Sec. 171.0451. PROGRAM PROVIDER RESPONSIBILITIES; GENERAL
REQUIREMENTS. (a) A program provider shall maintain care, custody,
and control of the certificates of program completion and
certificate numbers, as prescribed by commission rule.
(b) A program provider shall issue and deliver a certificate
of program completion to a participant who successfully completes a
court-ordered program provided by the program provider. The
commission by rule shall establish the timing and method of
delivery of the certificate.
(c) A program provider shall comply with applicable laws
regarding confidentiality of participant records and obtaining
consent to disclosure.
(d) A program provider shall submit to the department
information required by the department relating to certificates of
program completion issued by the program provider.
Sec. 171.0452. ADDITIONAL PROGRAM PROVIDER
RESPONSIBILITIES FOR ALCOHOL OR DRUG RELATED PROGRAMS. (a) This
section applies to the following court-ordered programs:
(1) the alcohol educational program for minors;
(2) the drug offense educational program;
(3) the intervention program for intoxication; and
(4) the intoxication offense educational program.
(b) A program provider shall designate an administrator for
each of the provider's court-ordered programs to which this section
applies.
(b-1) The commission by rule may establish requirements
regarding the qualifications and responsibilities of an
administrator.
(c) As prescribed by commission rule, a program provider
shall:
(1) collect and maintain information regarding each of
the program provider's instructors, each court-ordered program
provided by the program provider, and each program participant; and
(2) make available to the department on request
records containing the information described by Subdivision (1).
(d) The commission may require different information to be
collected and maintained for each type of court-ordered program.
(e) The commission may adopt rules requiring program
providers to submit to the department information regarding
programs, instructors, and participants. The commission may
require different information to be reported for each type of
court-ordered program.
(f) A program provider shall provide in writing to each
participant the provider's license number and the applicable
instructor's license number.
(g) A program provider shall maintain and make available to
participants information regarding course fees, schedules, and
locations for all court-ordered programs provided by the program
provider.
Sec. 171.0453. ADDITIONAL PROGRAM PROVIDER
RESPONSIBILITIES FOR RESPONSIBLE PET OWNER PROGRAM. (a) A program
provider shall ensure that a responsible pet owner program provided
by a program provider is delivered online in a manner conducive to
learning.
(b) The program provider is responsible for the conduct and
administration of a responsible pet owner program, including the
verification of participant attendance and program performance.
(c) As prescribed by commission rule, a program provider
shall:
(1) collect information for each participant in a
responsible pet owner program;
(2) maintain and make available to the department on
request the information described by Subdivision (1); and
(3) submit monthly reports to the department.
(d) A program provider shall:
(1) maintain the security and integrity of the
information of participants in a responsible pet owner program; and
(2) create and provide a privacy policy statement to
each participant.
(e) In each advertisement for or Internet website of a
responsible pet owner program, the program provider shall include:
(1) the provider's license number; and
(2) the program's number issued by the department.
Sec. 171.0454. PROGRAM PROVIDER CHANGE OF OWNERSHIP. Not
less than 30 days before the date of a change in ownership of a
program provider, the proposed new owner must apply for a new
program provider license for each type of court-ordered program to
be offered by the new owner.
SUBCHAPTER K. PRACTICE BY INSTRUCTOR
Sec. 171.0501. INSTRUCTOR RESPONSIBILITIES FOR ALCOHOL OR
DRUG RELATED PROGRAMS. (a) This section applies to the following
court-ordered programs:
(1) the alcohol educational program for minors;
(2) the drug offense educational program;
(3) the intervention program for intoxication; and
(4) the intoxication offense educational program.
(b) An instructor may only instruct for a program provider
that holds the appropriate program provider license.
(c) An instructor shall carry the instructor's license at
all times while providing instruction at a court-ordered program to
which this section applies.
SUBCHAPTER L. PROHIBITED PRACTICES AND ENFORCEMENT
Sec. 171.0551. PROHIBITED PRACTICES BY ALL LICENSE HOLDERS.
A license holder may not:
(1) use advertising that is false, misleading, or
deceptive; or
(2) issue, sell, trade, or transfer a certificate of
program completion or a certificate number to a person who has not
successfully completed the applicable court-ordered program or who
is not otherwise authorized to possess the certificate or number.
Sec. 171.0552. GROUNDS FOR DISCIPLINARY ACTIONS. The
commission or executive director may deny an application for an
initial or renewal license, revoke or suspend a license, place on
probation a person whose license has been suspended, or reprimand a
license holder who:
(1) violates this chapter, a rule adopted under this
chapter, or an order of the commission or executive director;
(2) fails to meet a requirement for obtaining or
holding a license under this chapter;
(3) fails to notify the department of the
discontinuation of the operation of a court-ordered program
provided or instructed by the license holder;
(4) fails to make available to the department accurate
records regarding the operation of a discontinued court-ordered
program provided or instructed by the license holder;
(5) permits or engages in misrepresentation, fraud, or
deceit in applying for a license;
(6) permits or engages in a fraudulent practice
regarding a court-ordered program provided or instructed by the
license holder;
(7) sells, barters, or offers to sell or barter a
license;
(8) engages in unprofessional conduct that:
(A) endangers or is likely to endanger the
health, welfare, or safety of the public as defined by commission
rule; or
(B) violates the code of ethics adopted and
published by the commission;
(9) falsifies, submits, or maintains any
substantially false, inaccurate, or incomplete documentation
required under this chapter or related to the court-ordered program
provided or instructed by the license holder;
(10) engages in conduct, or encourages or permits a
participant in a court-ordered program provided or instructed by
the license holder to engage in conduct, that is inconsistent with
the behaviors and principles of the curriculum of the court-ordered
program for which the license is issued;
(11) while under the influence of alcohol or a
controlled substance, attends an instructor training or a
court-ordered program, instructs a court-ordered program, or
performs duties related to the court-ordered program for which the
holder's license is issued;
(12) provides a participant with, or permits a
participant to use, alcohol or a controlled substance; or
(13) engages in conduct that is harmful to the health,
safety, or welfare of a participant or the public.
Sec. 171.0553. DISCIPLINARY ACTION; ADMINISTRATIVE
PENALTY. If a person violates this chapter or an order issued or a
rule adopted under this chapter, the person is subject to any action
or penalty under Subchapter F or G, Chapter 51, Occupations Code.
Sec. 171.0554. ONSITE INSPECTIONS, MONITORING, AND AUDITS.
The department or the department's authorized representative may:
(1) conduct periodic, onsite inspections to verify a
program provider's compliance with this chapter; and
(2) attend or audit a court-ordered program.
Sec. 171.0555. INVESTIGATIONS. (a) A program provider,
administrator, instructor, or any person associated with a
court-ordered program shall:
(1) cooperate with the department during an
investigation of a complaint under this chapter; and
(2) provide or make available to the department on
request any documents or records related to the investigation,
including all instructor or administrator records, unless
otherwise prohibited by law.
(b) The department may contract with the Department of
Public Safety to provide investigative assistance in the
enforcement of this chapter.
Sec. 171.0556. UNLAWFUL TRANSFER OF CERTIFICATE OF PROGRAM
COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person commits an
offense if the person knowingly sells, trades, issues, or otherwise
transfers, or possesses with intent to sell, trade, issue, or
otherwise transfer, a certificate of program completion or a
certificate number to a person not authorized to possess the
certificate or number.
(b) An offense under this section is a felony of the third
degree.
Sec. 171.0557. UNLAWFUL POSSESSION OF CERTIFICATE OF
PROGRAM COMPLETION OR CERTIFICATE NUMBER; OFFENSE. (a) A person
commits an offense if the person knowingly possesses a certificate
of program completion or a certificate number that the person is not
authorized to possess under this chapter.
(b) An offense under this section is a felony of the third
degree.
SECTION 1.002. The heading to Section 106.115, Alcoholic
Beverage Code, is amended to read as follows:
Sec. 106.115. ATTENDANCE AT ALCOHOL AWARENESS PROGRAM
[COURSE]; LICENSE SUSPENSION.
SECTION 1.003. Section 106.115, Alcoholic Beverage Code, is
amended by amending Subsections (a) and (b-2) and adding
Subsections (a-1) and (a-2) to read as follows:
(a) On the placement of a minor on deferred disposition for
an offense under Section 49.02, Penal Code, or under Section
106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
shall require the defendant to attend one of the following
programs:
(1) an alcohol awareness program [approved by the
Texas Department of Licensing and Regulation] under this section
that is regulated under Chapter 171, Government Code;
(2) [,] a drug education program under [approved by
the Department of State Health Services in accordance with] Section
521.374(a)(1) [521.374], Transportation Code, that is regulated
under Chapter 171, Government Code; or
(3) a drug and alcohol driving awareness program under
Section 1001.103, Education Code [approved by the Texas Education
Agency].
(a-1) On conviction of a minor of an offense under Section
49.02, Penal Code, or Section 106.02, 106.025, 106.04, 106.041,
106.05, or 106.07 [one or more of those sections], the court, in
addition to assessing a fine as provided by those sections, shall
require a defendant who has not been previously convicted of an
offense under one of those sections to attend an alcohol awareness
program, a drug education program, or a drug and alcohol driving
awareness program described by Subsection (a) [this subsection].
If the defendant has been previously convicted once or more of an
offense under one or more of those sections, the court may require
the defendant to attend an alcohol awareness program, a drug
education program, or a drug and alcohol driving awareness program
described by Subsection (a) [this subsection].
(a-2) If the defendant is younger than 18 years of age, the
court may require the parent or guardian of the defendant to attend
the program described by Subsection (a) with the defendant. [The
Texas Department of Licensing and Regulation or Texas Commission of
Licensing and Regulation, as appropriate:
[(1) is responsible for the administration of the
certification of approved alcohol awareness programs;
[(2) may charge a nonrefundable application fee for:
[(A) initial certification of the approval; or
[(B) renewal of the certification;
[(3) shall adopt rules regarding alcohol awareness
programs approved under this section; and
[(4) shall monitor, coordinate, and provide training
to a person who provides an alcohol awareness program.]
(b-2) For purposes of Subsection (b-1), if the defendant is
enrolled in an institution of higher education located in a county
in which access to an alcohol awareness program is readily
available, the court may consider the defendant to be a resident of
that county. If the defendant is not enrolled in such an institution
of higher education or if the court does not consider the defendant
to be a resident of the county in which the institution is located,
the defendant's residence is the residence listed on the
defendant's driver's license or personal identification
certificate issued by the Department of Public Safety. If the
defendant does not have a driver's license or personal
identification certificate issued by the Department of Public
Safety, the defendant's residence is the residence on the
defendant's voter registration certificate. If the defendant is not
registered to vote, the defendant's residence is the residence on
file with the public school district on which the defendant's
enrollment is based. If the defendant is not enrolled in public
school, the defendant's residence is determined [as provided] by
the court [commission rule].
SECTION 1.004. The heading to Article 42A.403, Code of
Criminal Procedure, is amended to read as follows:
Art. 42A.403. EDUCATIONAL PROGRAM FOR CERTAIN INTOXICATION
OFFENSES [OFFENDERS]; WAIVER OR EXTENSION OF TIME.
SECTION 1.005. Article 42A.403(a), Code of Criminal
Procedure, is amended to read as follows:
(a) A judge who places on community supervision a defendant
convicted of an offense under Sections 49.04-49.08, Penal Code,
shall require as a condition of community supervision that the
defendant attend and successfully complete, before the 181st day
after the date community supervision is granted, an educational
program designed to rehabilitate persons who have driven while
intoxicated that is regulated [jointly approved] by [:
[(1)] the Texas Department of Licensing and Regulation
under Chapter 171, Government Code [;
[(2) the Department of Public Safety;
[(3) the traffic safety section of the traffic
operations division of the Texas Department of Transportation; and
[(4) the community justice assistance division of the
Texas Department of Criminal Justice].
SECTION 1.006. The heading to Article 42A.404, Code of
Criminal Procedure, is amended to read as follows:
Art. 42A.404. EDUCATIONAL PROGRAM FOR CERTAIN REPEAT
INTOXICATION OFFENSES [OFFENDERS]; WAIVER.
SECTION 1.007. Article 42A.404(a), Code of Criminal
Procedure, is amended to read as follows:
(a) The judge shall require a defendant who is punished
under Section 49.09, Penal Code, to attend and successfully
complete as a condition of community supervision an educational
program for repeat offenders that is regulated [approved] by the
Texas Department of Licensing and Regulation under Chapter 171,
Government Code.
SECTION 1.008. Article 42A.511(a), Code of Criminal
Procedure, is amended to read as follows:
(a) If a judge grants community supervision to a defendant
convicted of an offense under Section 42.09, 42.091, 42.092, or
42.10, Penal Code, the judge may require the defendant to:
(1) complete an online responsible pet owner
educational program regulated [course approved and certified] by
the Texas Department of Licensing and Regulation under Chapter 171,
Government Code; or
(2) attend a responsible pet owner course sponsored by
a municipal animal shelter, as defined by Section 823.001, Health
and Safety Code, that:
(A) receives federal, state, county, or
municipal funds; and
(B) serves the county in which the court is
located.
SECTION 1.009. Article 42A.514(a), Code of Criminal
Procedure, is amended to read as follows:
(a) If a judge grants community supervision to a defendant
younger than 18 years of age convicted of an alcohol-related
offense under Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, or
an offense involving possession of a controlled substance or
marihuana under Section 481.115, 481.1151, 481.116, 481.1161,
481.117, 481.118, or 481.121, Health and Safety Code, the judge may
require the defendant as a condition of community supervision to
attend, as appropriate:
(1) an alcohol awareness program [approved] under
Section 106.115, Alcoholic Beverage Code, that is regulated by the
Texas Department of Licensing and Regulation under Chapter 171,
Government Code; or
(2) a drug education program that is designed to
educate persons on the dangers of drug abuse [and is approved by the
Department of State Health Services] in accordance with Section
521.374(a)(1) [521.374], Transportation Code, and that is
regulated by the Texas Department of Licensing and Regulation under
Chapter 171, Government Code.
SECTION 1.010. Article 45.051(b), Code of Criminal
Procedure, is amended to read as follows:
(b) During the deferral period, the judge may require the
defendant to:
(1) post a bond in the amount of the fine assessed to
secure payment of the fine;
(2) pay restitution to the victim of the offense in an
amount not to exceed the fine assessed;
(3) submit to professional counseling;
(4) submit to diagnostic testing for alcohol or a
controlled substance or drug;
(5) submit to a psychosocial assessment;
(6) participate in an alcohol or drug abuse treatment
or education program, such as:
(A) a drug education program that is designed to
educate persons on the dangers of drug abuse [and is approved by the
Department of State Health Services] in accordance with Section
521.374(a)(1) [521.374], Transportation Code, and that is
regulated by the Texas Department of Licensing and Regulation under
Chapter 171, Government Code; or
(B) an alcohol awareness program described by
Section 106.115, Alcoholic Beverage Code, that is regulated by the
Texas Department of Licensing and Regulation under Chapter 171,
Government Code;
(7) pay the costs of any diagnostic testing,
psychosocial assessment, or participation in a treatment or
education program either directly or through the court as court
costs;
(8) complete a driving safety course approved under
Chapter 1001, Education Code, or another course as directed by the
judge;
(9) present to the court satisfactory evidence that
the defendant has complied with each requirement imposed by the
judge under this article; and
(10) comply with any other reasonable condition.
SECTION 1.011. Sections 53.03(h-1) and (h-2), Family Code,
are amended to read as follows:
(h-1) If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
481.121, Health and Safety Code, deferred prosecution under this
section may include a condition that the child attend a drug
education program that is designed to educate persons on the
dangers of drug abuse [and is approved by the Department of State
Health Services] in accordance with Section 521.374(a)(1)
[521.374], Transportation Code, and that is regulated by the Texas
Department of Licensing and Regulation under Chapter 171,
Government Code.
(h-2) If the child is alleged to have engaged in delinquent
conduct or conduct indicating a need for supervision that violates
Section 106.02, 106.025, 106.04, 106.041, 106.05, or 106.07,
Alcoholic Beverage Code, or Section 49.02, Penal Code, deferred
prosecution under this section may include a condition that the
child attend an alcohol awareness program described by Section
106.115, Alcoholic Beverage Code, that is regulated by the Texas
Department of Licensing and Regulation under Chapter 171,
Government Code.
SECTION 1.012. Sections 54.047(a) and (b), Family Code, are
amended to read as follows:
(a) If the court or jury finds at an adjudication hearing
for a child that the child engaged in delinquent conduct or conduct
indicating a need for supervision that constitutes a violation of
Section 481.115, 481.1151, 481.116, 481.1161, 481.117, 481.118, or
481.121, Health and Safety Code, the court may order that the child
attend a drug education program that is designed to educate persons
on the dangers of drug abuse [and is approved by the Department of
State Health Services] in accordance with Section 521.374(a)(1)
[521.374], Transportation Code, and that is regulated by the Texas
Department of Licensing and Regulation under Chapter 171,
Government Code.
(b) If the court or jury finds at an adjudication hearing
for a child that the child engaged in delinquent conduct or conduct
indicating a need for supervision that violates the alcohol-related
offenses in Section 106.02, 106.025, 106.04, 106.041, 106.05, or
106.07, Alcoholic Beverage Code, or Section 49.02, Penal Code, the
court may order that the child attend an alcohol awareness program
described by Section 106.115, Alcoholic Beverage Code, that is
regulated by the Texas Department of Licensing and Regulation under
Chapter 171, Government Code.
SECTION 1.013. Section 461A.052(a), Health and Safety Code,
is amended to read as follows:
(a) The department shall:
(1) provide for research and study of the problems of
chemical dependency in this state and seek to focus public
attention on those problems through public information and
education programs;
(2) plan, develop, coordinate, evaluate, and
implement constructive methods and programs for the prevention,
intervention, treatment, and rehabilitation of chemical dependency
in cooperation with federal and state agencies, local governments,
organizations, and persons, and provide technical assistance,
funds, and consultation services for statewide and community-based
services;
(3) cooperate with and enlist the assistance of:
(A) other state, federal, and local agencies;
(B) hospitals and clinics;
(C) public health, welfare, and criminal justice
system authorities;
(D) educational and medical agencies and
organizations; and
(E) other related public and private groups and
persons;
(4) expand chemical dependency services for children
when funds are available because of the long-term benefits of those
services to this state and its citizens;
(5) sponsor, promote, and conduct educational
programs on the prevention and treatment of chemical dependency,
and maintain a public information clearinghouse to purchase and
provide books, literature, audiovisuals, and other educational
material for the programs;
(6) sponsor, promote, and conduct training programs
for persons delivering prevention, intervention, treatment, and
rehabilitation services and for persons in the criminal justice
system or otherwise in a position to identify the service needs of
persons with a chemical dependency and their families;
(7) require programs rendering services to persons
with a chemical dependency to safeguard those persons' legal rights
of citizenship and maintain the confidentiality of client records
as required by state and federal law;
(8) maximize the use of available funds for direct
services rather than administrative services;
(9) consistently monitor the expenditure of funds and
the provision of services by all grant and contract recipients to
assure that the services are effective and properly staffed and
meet the standards adopted under this chapter;
(10) make the monitoring reports prepared under
Subdivision (9) a matter of public record;
(11) license treatment facilities under Chapter 464;
(12) use funds appropriated to the department for
purposes of providing chemical dependency services and related
programs to carry out those purposes and maximize the overall state
allotment of federal funds;
(13) plan, develop, coordinate, evaluate, and
implement constructive methods and programs to provide healthy
alternatives for youth at risk of selling controlled substances;
and
(14) submit to the federal government reports and
strategies necessary to comply with Section 1926 of the federal
Alcohol, Drug Abuse, and Mental Health Administration
Reorganization Act, Pub. L. No. 102-321 (42 U.S.C. Section
300x-26), and coordinate the reports and strategies with
appropriate state governmental entities[; and
[(15) regulate, coordinate, and provide training for
alcohol awareness courses required under Section 106.115,
Alcoholic Beverage Code, and may charge a fee for an activity
performed by the department under this subdivision].
SECTION 1.014. Section 521.374(a), Transportation Code, as
amended by Chapters 838 (S.B. 202), 851 (S.B. 1070), and 1004 (H.B.
642), Acts of the 84th Legislature, Regular Session, 2015, is
reenacted and amended to read as follows:
(a) A person whose license is suspended under Section
521.372 may:
(1) attend an educational program regulated[,
approved] by the Texas Department of Licensing and Regulation
[Department of State Health Services] under Chapter 171, Government
Code [rules adopted by the executive commissioner of the Health and
Human Services Commission and the department], that is designed to
educate persons on the dangers of drug abuse; or
(2) successfully complete education on the dangers of
drug abuse approved by the Department of State Health Services as
equivalent to the educational program described by Subdivision (1),
while the person is a resident of a facility for the treatment of
drug abuse or chemical dependency, including:
(A) a substance abuse treatment facility or
substance abuse felony punishment facility operated by the Texas
Department of Criminal Justice under Section 493.009, Government
Code;
(B) a community corrections facility, as defined
by Section 509.001, Government Code; or
(C) a chemical dependency treatment facility
licensed under Chapter 464, Health and Safety Code.
SECTION 1.015. Section 521.375, Transportation Code, as
amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
84th Legislature, Regular Session, 2015, is reenacted and amended
to read as follows:
Sec. 521.375. JOINT ADOPTION OF RULES. (a) The executive
commissioner of the Health and Human Services Commission and the
department shall jointly adopt rules for the qualification and
approval of[:
[(1) providers of educational programs under Section
521.374(a)(1); and
[(2)] equivalent education provided in a residential
treatment facility described by Section 521.374(a)(2).
(b) The Department of State Health Services shall publish
the jointly adopted rules.
SECTION 1.016. Section 521.376, Transportation Code, as
amended by Chapters 838 (S.B. 202) and 851 (S.B. 1070), Acts of the
84th Legislature, Regular Session, 2015, is reenacted and amended
to read as follows:
Sec. 521.376. DUTIES OF DEPARTMENT OF STATE HEALTH
SERVICES[; APPLICATION AND RENEWAL FEES]. The Department of State
Health Services:
(1) shall monitor, coordinate, and provide training
to[:
[(A) persons who provide educational programs
under Section 521.374(a)(1); and
[(B)] residential treatment facilities described
by Section 521.374(a)(2) providing equivalent education; and
(2) shall administer the approval of the [educational
programs and the] equivalent education provided in a residential
treatment facility[; and
[(3) may charge a nonrefundable application fee to the
provider of an educational program under Section 521.374(a)(1) for:
[(A) initial certification of approval; and
[(B) renewal of the certification].
SECTION 1.017. The following provisions are repealed:
(1) Section 106.115(b), Alcoholic Beverage Code;
(2) Article 42A.405, Code of Criminal Procedure;
(3) Article 42A.511(b), Code of Criminal Procedure, as
added by Chapter 1132 (H.B. 162), Acts of the 85th Legislature,
Regular Session, 2017; and
(4) Section 54.047(e), Family Code.
SECTION 1.018. The enactment by this Act of Sections
171.0151 and 171.0202, Government Code, and Subchapters I, J, and
K, Chapter 171, Government Code, does not affect the validity of a
court program or instructor license in effect on the effective date
of this Act or the right of the license holder to continue to
practice under that license until September 1, 2020.
SECTION 1.019. As soon as practicable after the effective
date of this Act, the Texas Commission of Licensing and Regulation,
the Texas Department of Licensing and Regulation, and the executive
director of the Texas Department of Licensing and Regulation, as
appropriate, shall adopt rules and forms necessary to implement
Chapter 171, Government Code, as added by this Act.
ARTICLE 2. TEXAS DEPARTMENT OF LICENSING AND REGULATION
SECTION 2.001. Section 51.203, Occupations Code, is amended
to read as follows:
Sec. 51.203. RULES REGARDING PROGRAMS REGULATED BY
DEPARTMENT. (a) The commission shall adopt rules as necessary to
implement each law establishing a program regulated by the
department.
(b) Notwithstanding any other law, for each program
regulated by the department, including a program under which a
license is issued by the department, the commission by rule may
establish:
(1) the length of a license term;
(2) a fee for the issuance or renewal of a license; and
(3) any continuing education required to renew a
license.
SECTION 2.002. Section 51.2031(a-2), Occupations Code, is
amended to read as follows:
(a-2) For each rule proposed under Subsection (a-1), 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.
[This subsection and Subsection (a-1) expire September 1, 2019.]
ARTICLE 3. MIDWIVES
SECTION 3.001. Section 203.056, Occupations Code, is
amended to read as follows:
Sec. 203.056. PRESIDING OFFICER. The presiding officer of
the commission shall designate a [public] member of the advisory
board to serve as the presiding officer of the advisory board to
serve for a term of one year. The presiding officer of the advisory
board may vote on any matter before the advisory board.
SECTION 3.002. Section 203.254, Occupations Code, is
amended to read as follows:
Sec. 203.254. BASIC MIDWIFERY EDUCATION. The commission
shall establish requirements for basic midwifery education,
including basic requirements for midwifery preceptors and
students.
SECTION 3.003. Section 203.152, Occupations Code, is
repealed.
SECTION 3.004. Section 203.056, Occupations Code, as
amended by this article, does not affect the entitlement of a member
of the Midwives Advisory Board who is serving as the presiding
officer of the advisory board immediately before the effective date
of this Act to continue to serve in that capacity for the remainder
of the member's term as presiding officer.
ARTICLE 4. NURSES
SECTION 4.001. Subchapter F, Chapter 301, Occupations Code,
is amended by adding Section 301.262 to read as follows:
Sec. 301.262. EXPEDITED LICENSING PROCESS FOR OUT-OF-STATE
ADVANCED PRACTICE REGISTERED NURSES. (a) The board by rule shall
create an expedited licensing process for an applicant who holds a
license or other authorization in good standing to practice nursing
as an advanced practice registered nurse issued by another state.
(b) The board may establish a fee in an amount sufficient to
cover the cost of the expedited licensing process.
(c) The 180-day deadline and extension provisions under
Section 301.260(c) do not apply to the expedited licensing process
required under this section.
SECTION 4.002. The Texas Board of Nursing shall create and
implement the expedited licensing process under Section 301.262,
Occupations Code, as added by this article, not later than January
1, 2020.
ARTICLE 5. MASSAGE THERAPISTS, BARBERS, AND COSMETOLOGISTS
SECTION 5.001. Section 455.151, Occupations Code, is
amended by adding Subsection (e) to read as follows:
(e) Notwithstanding Subsections (a) and (b), a person may
act as, or represent that the person is, a massage establishment if
the person holds a license under Chapter 1604.
SECTION 5.002. Section 1601.453, Occupations Code, is
amended to read as follows:
Sec. 1601.453. LOCATION OF PRACTICE. A person licensed by
the department may practice barbering only at a location for which
the department has issued a barbershop permit, specialty shop
permit, or barber school permit under this chapter, [or] a permit
issued under Chapter 1603, or a license issued under Chapter 1604.
SECTION 5.003. Section 1601.455(a), Occupations Code, is
amended to read as follows:
(a) In this section, "licensed facility" means the premises
of a place of business that holds a license, certificate, or permit
under this chapter, [or] Chapter 1603, or Chapter 1604.
SECTION 5.004. Section 1603.102, Occupations Code, is
amended to read as follows:
Sec. 1603.102. SANITATION RULES. (a) The commission shall
establish sanitation rules to prevent the spread of an infectious
or contagious disease.
(b) Rules adopted under this section applicable to an
individual or facility regulated under Chapter 1602 must be
consistent with the standards and terminology related to safety and
sanitation that are commonly used in the cosmetology industry.
SECTION 5.005. Section 1603.104, Occupations Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(c-1) to read as follows:
(b) Except as otherwise provided by this section, at [At]
least once every four [two] years, the department shall inspect
each shop or other facility that holds a license, certificate, or
permit in which the practice of barbering or cosmetology is
performed under this chapter, Chapter 1601, or Chapter 1602.
(c) At [, and at] least twice per year, the department shall
inspect each school in which barbering or cosmetology is taught
under this chapter, Chapter 1601, or Chapter 1602.
(c-1) At least once every two years, the department shall
inspect each specialty shop that holds a license, certificate, or
permit issued under this chapter, Chapter 1601, or Chapter 1602 and
at which the practices described by Section 1601.002(1)(E) or (F)
or 1602.002(a)(8) or (9) are performed.
SECTION 5.006. Title 9, Occupations Code, is amended by
adding Chapter 1604 to read as follows:
CHAPTER 1604. REGULATION OF BARBERING AND MASSAGE THERAPY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 1604.001. GENERAL DEFINITIONS. (a) In this chapter:
(1) "Commission" means the Texas Commission of
Licensing and Regulation.
(2) "Department" means the Texas Department of
Licensing and Regulation.
(3) "Dual shop" means a dual barber and beauty shop
licensed under Chapter 1603.
(4) "Executive director" means the executive director
of the department.
(b) Unless the context clearly indicates otherwise, the
definitions in Chapters 455, 1601, 1602, and 1603 apply to this
chapter.
Sec. 1604.002. REGULATION BY DEPARTMENT. The department
shall administer this chapter. A reference in this chapter to the
commission's, executive director's, or department's powers or
duties does not limit the executive director's, department's, or
commission's general powers under Chapter 51.
SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
Sec. 1604.051. ADVISORY BOARDS. The advisory boards
established under Chapters 455, 1601, and 1602 shall advise the
commission on administering this chapter.
Sec. 1604.052. RULES. The commission shall adopt rules for
the administration of this chapter.
SUBCHAPTER C. LICENSE REQUIREMENTS
Sec. 1604.101. BARBERSHOP AND MASSAGE ESTABLISHMENT
LICENSE. (a) The department may issue a barbershop and massage
establishment license.
(b) A person holding a barbershop and massage establishment
license may own, operate, or manage a shop or establishment in which
any practice of barbering defined by Section 1601.002 or massage
therapy or other massage services as defined by Section 455.001 is
performed.
(c) The department shall issue a barbershop and massage
establishment license to an applicant that:
(1) meets the requirements of:
(A) this chapter;
(B) Chapter 455 for obtaining a massage
establishment license; and
(C) Chapter 1601 for obtaining a barbershop
permit;
(2) submits an application on a form prescribed by the
department; and
(3) pays the required fees.
(d) The holder of a barbershop and massage establishment
license must comply with this chapter, Chapters 455, 1601, and
1603, and commission rules related to barbering and massage
therapy.
Sec. 1604.102. DUAL SHOP AND MASSAGE ESTABLISHMENT LICENSE.
(a) The department may issue a dual shop and massage establishment
license.
(b) A person holding a dual shop and massage establishment
license may own, operate, or manage a shop or establishment in which
any practice of barbering defined by Section 1601.002, cosmetology
defined by Section 1602.002(a), or massage therapy or other massage
services as defined by Section 455.001 are performed.
(c) The department shall issue a dual shop and massage
establishment license to an applicant that:
(1) meets the requirements of:
(A) this chapter;
(B) Chapter 455 for obtaining a massage
establishment license; and
(C) Chapter 1603 for obtaining a dual shop
license;
(2) submits an application on a form prescribed by the
department; and
(3) pays the required fees.
(d) The holder of a dual shop and massage establishment
license must comply with this chapter, Chapters 455, 1601, 1602,
and 1603, and commission rules related to barbering, cosmetology,
and massage therapy.
SECTION 5.007. Not later than June 1, 2020, the Texas
Commission of Licensing and Regulation shall adopt rules as
necessary to implement Chapter 1604, Occupations Code, as added by
this Act.
ARTICLE 6. USED AUTOMOTIVE PARTS RECYCLERS
SECTION 6.001. Section 2309.106(a), Occupations Code, is
amended to read as follows:
(a) The department shall inspect each used automotive parts
recycling facility at least once every four [two] years.
ARTICLE 7. LICENSED GENETIC COUNSELORS
SECTION 7.001. Section 51.2031(a), Occupations Code, is
amended to read as follows:
(a) This section applies only to the regulation of the
following professions by the department:
(1) athletic trainers;
(2) behavior analysts;
(3) dietitians;
(4) genetic counselors;
(5) hearing instrument fitters and dispensers;
(6) [(5)] midwives;
(7) [(6)] orthotists and prosthetists; and
(8) [(7)] speech-language pathologists and
audiologists.
SECTION 7.002. Subtitle I, Title 3, Occupations Code, is
amended by adding Chapter 508 to read as follows:
CHAPTER 508. LICENSED GENETIC COUNSELORS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 508.001. SHORT TITLE. This chapter may be cited as the
Licensed Genetic Counselor Act.
Sec. 508.002. DEFINITIONS. In this chapter:
(1) "Advisory board" means the Licensed Genetic
Counselor Advisory Board.
(2) "Certifying entity" means the American Board of
Medical Genetics and Genomics, the American Board of Genetic
Counseling, or another entity that is nationally accredited to
issue credentials in the practice of genetic counseling and is
approved by the department.
(3) "Commission" means the Texas Commission of
Licensing and Regulation.
(4) "Department" means the Texas Department of
Licensing and Regulation.
(5) "Executive director" means the executive director
of the department.
(6) "Licensed genetic counselor" means a person
licensed under this chapter to engage in the practice of genetic
counseling.
Sec. 508.003. PRACTICE OF GENETIC COUNSELING. (a) In this
chapter, "practice of genetic counseling" means providing
professional services described by Subsection (b) for compensation
to communicate genetic information to an individual, family, group,
or other entity:
(1) on the documented referral by:
(A) a physician licensed in this state;
(B) a physician assistant licensed in this state;
(C) an advanced practice registered nurse
licensed in this state; or
(D) a person acting under authority delegated
under Subchapter A, Chapter 157; or
(2) by a patient's self-referral.
(b) The practice of genetic counseling:
(1) consists of:
(A) obtaining and evaluating individual, family,
and medical histories to determine the risk for a genetic or medical
condition or disease in a patient, the patient's offspring, or
other family members of the patient;
(B) discussing the features, natural history,
means of diagnosis, genetic and environmental factors, and
management of risk for a genetic or medical condition or disease;
(C) identifying, coordinating, ordering, and
explaining the results of genetic laboratory tests and other
diagnostic studies as appropriate for genetic assessment;
(D) integrating the results of laboratory tests
and other diagnostic studies with medical histories to assess and
communicate risk factors for a genetic or medical condition or
disease;
(E) evaluating a patient's or family member's
response to a genetic or medical condition or disease, including
the risk of recurrence, and providing patient-centered counseling
and anticipatory guidance;
(F) identifying and using community resources
that provide medical, educational, financial, and psychosocial
support and advocacy; and
(G) providing written documentation of medical,
genetic, and counseling information for a patient's family members
and health care providers; and
(2) does not include the diagnosis of disorders.
Sec. 508.004. PRACTICE OF MEDICINE NOT AUTHORIZED. This
chapter does not authorize the practice of medicine as defined by
the law of this state.
Sec. 508.005. APPLICABILITY; EXEMPTIONS. (a) This chapter
does not apply to a physician licensed to practice medicine in this
state unless the physician is a licensed genetic counselor.
(b) A person may engage in the practice of genetic
counseling without holding a license under this chapter if the
person:
(1) is licensed, certified, or registered to practice
in this state in a health care-related occupation and:
(A) acts within the occupation's scope of
practice; and
(B) does not use the title "genetic counselor" or
represent or imply the person is licensed as a genetic counselor
under this chapter;
(2) is a student or intern:
(A) pursuing a course of study or engaged in a
training program for an occupation regulated by this state and
acting within the occupation's scope of practice; or
(B) enrolled in a graduate-level supervised
genetic counseling training program approved or accepted by the
department and engaged in an activity constituting the practice of
genetic counseling as a required part of the training program; or
(3) is a genetic counselor who:
(A) is certified by a certifying entity;
(B) is not a resident of this state;
(C) performs an activity or provides a service in
this state for not more than 30 days during any year; and
(D) meets any other requirement established by
commission rule.
(c) A student or intern described by Subsection (b)(2)
includes a person who:
(1) is trained as:
(A) a genetic counselor and has applied to take
the certification examination; or
(B) a doctoral medical geneticist and has applied
to take the certification examination; and
(2) has not failed the certification examination more
than twice.
SUBCHAPTER B. LICENSED GENETIC COUNSELOR ADVISORY BOARD
Sec. 508.051. LICENSED GENETIC COUNSELOR ADVISORY BOARD.
(a) The advisory board consists of nine members appointed by the
presiding officer of the commission with the approval of the
commission, as follows:
(1) six licensed genetic counselors, each of whom has
at least two years of experience practicing genetic counseling as a
genetic counselor and is:
(A) licensed under this chapter; or
(B) certified by a certifying entity;
(2) one physician who has experience with genetic
counseling; and
(3) two members who represent the public.
(b) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointee.
Sec. 508.052. 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.
Sec. 508.053. TERMS; VACANCY. (a) Members of the advisory
board serve staggered six-year terms, with the terms of three
members expiring February 1 of each odd-numbered year.
(b) A member of the advisory board may not serve more than
two consecutive six-year terms.
(c) If a vacancy occurs during a term of a member of the
advisory board, the presiding officer of the commission, with the
commission's approval, shall appoint a replacement who meets the
qualifications for the vacant position to serve for the remainder
of the term.
Sec. 508.054. PRESIDING OFFICER. The presiding officer of
the commission shall designate a member of the advisory board to
serve as the presiding officer of the advisory board for a term of
two years. The presiding officer of the advisory board may vote on
any matter before the advisory board.
Sec. 508.055. MEETINGS. The advisory board shall meet as
requested by the presiding officer of the commission or the
executive director.
Sec. 508.056. GROUNDS FOR REMOVAL. A member of the advisory
board may be removed as provided by Section 51.209.
Sec. 508.057. COMPENSATION; REIMBURSEMENT. (a) A member
of the advisory board may not receive compensation for service on
the advisory board.
(b) A member of the advisory board is entitled to
reimbursement for actual and necessary expenses incurred in
performing functions as a member of the advisory board, subject to
any applicable limitation on reimbursement provided by the General
Appropriations Act.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 508.101. GENERAL POWERS AND DUTIES. (a) The
commission shall adopt rules consistent with this chapter for the
administration and enforcement of this chapter.
(b) The department shall:
(1) administer and enforce this chapter;
(2) evaluate the qualifications of license
applicants;
(3) provide for the examination of license applicants;
(4) issue licenses;
(5) in connection with a hearing under this chapter,
issue subpoenas, examine witnesses, and administer oaths under the
laws of this state; and
(6) investigate persons engaging in practices that
violate this chapter.
Sec. 508.102. CONFIDENTIALITY OF COMPLAINT AND
DISCIPLINARY INFORMATION. (a) Except as provided by Subsection
(b), all information and materials subpoenaed or compiled by the
department in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the department or its employees or agents
involved in discipline of a license holder.
(b) Information described by Subsection (a) may be
disclosed in accordance with Chapter 51 to:
(1) persons involved with the department in a
disciplinary action against a license holder;
(2) a respondent or the respondent's authorized
representative;
(3) a governmental agency, if:
(A) the disclosure is required or permitted by
law; and
(B) the agency obtaining the disclosure protects
the identity of any patient whose records are examined;
(4) a professional genetic counselor licensing or
disciplinary board in another jurisdiction;
(5) peer assistance programs approved by the
commission under Chapter 467, Health and Safety Code;
(6) law enforcement agencies; and
(7) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(c) As provided by Chapter 51, notices of alleged violations
issued by the department, commission, or executive director, and
final disciplinary actions, including warnings and reprimands, by
the department, commission, or executive director are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
(d) Notwithstanding any other law, the requirements of
Chapter 51 related to the confidentiality of complaint and
investigation information for a health-related program are
applicable to complaint and investigation information under this
chapter.
Sec. 508.103. STANDARDS OF ETHICAL PRACTICE. The
commission shall adopt rules under this chapter that establish
standards of ethical practice.
Sec. 508.104. ASSISTANCE FILING COMPLAINT. The department,
in accordance with Section 51.252, shall provide reasonable
assistance to a person who wishes to file a complaint with the
department regarding a person or activity regulated under this
chapter.
Sec. 508.105. FEES. The commission by rule shall set fees
in amounts reasonable and necessary to cover the costs of
administering this chapter.
SUBCHAPTER D. LICENSING REQUIREMENTS
Sec. 508.151. LICENSE REQUIRED. (a) Except as provided by
Section 508.005, a person may not act as a genetic counselor or
engage in the practice of genetic counseling in this state unless
the person holds a license under this chapter.
(b) Except as provided by Section 508.005, unless a person
holds a license under this chapter, the person may not:
(1) use the title or represent or imply that the person
has the title "genetic counselor," "certified genetic counselor,"
"licensed genetic counselor," "gene counselor," "genetic
consultant," or "genetic associate"; or
(2) use any other word, abbreviation, or insignia
indicating or implying that the person is a licensed genetic
counselor.
(c) This chapter may not be construed to prohibit a
physician or an employee or other person acting under a physician's
delegated authority from representing to a patient or the public
that the physician, employee, or person provides genetic
counseling.
Sec. 508.152. LICENSE APPLICATION. An applicant for a
license must:
(1) submit an application in the manner and on a form
prescribed by the department;
(2) successfully complete a state-approved criminal
background check; and
(3) pay the application fee set by the commission.
Sec. 508.153. LICENSE ELIGIBILITY. To be eligible for a
genetic counselor license, a license applicant must present
evidence to the department that the applicant:
(1) has passed an examination by a certifying entity
or an equivalent examination in genetic counseling approved by the
department;
(2) is currently certified by a certifying entity in
genetic counseling or medical genetics;
(3) has met the educational requirements of a
certifying entity, which must include a master's degree in genetic
counseling or medical genetics or an equivalent educational
standard adopted by the certifying entity;
(4) is in compliance with all professional, ethical,
and disciplinary standards established by the certifying entity;
and
(5) is not subject to any disciplinary action by the
certifying entity.
Sec. 508.154. ISSUANCE OF LICENSE. The department shall
issue a genetic counselor license to an applicant who:
(1) complies with the requirements of this chapter;
(2) meets any additional requirements the commission
establishes by rule; and
(3) pays the required fees.
Sec. 508.155. TERM. A license issued under this chapter
expires on the second anniversary of the date of issuance.
Sec. 508.156. RENEWAL. Before the expiration of a license,
a license may be renewed by:
(1) submitting an application for renewal;
(2) paying the renewal fee imposed by the commission;
and
(3) providing verification to the department of
continued certification by a certifying entity, which signifies
that the applicant for renewal has met any continuing education
requirements established by the certifying entity.
SUBCHAPTER E. DISCIPLINARY PROCEDURES
Sec. 508.201. GROUNDS FOR DISCIPLINARY ACTION. In
accordance with Section 51.353, the commission or executive
director may deny, revoke, or suspend a license, refuse to renew a
license, place on probation a person whose license has been
suspended, or reprimand a license holder for a violation of this
chapter, a rule adopted under this chapter, or an order of the
commission or executive director.
SUBCHAPTER F. ENFORCEMENT PROCEDURES
Sec. 508.251. ENFORCEMENT PROCEEDINGS. The commission,
department, or executive director may enforce this chapter, a rule
adopted under this chapter, or an order of the commission or
executive director as provided by Subchapters F and G, Chapter 51.
SECTION 7.003. (a) As soon as practicable after the
effective date of this Act, the presiding officer of the Texas
Commission of Licensing and Regulation shall appoint nine members
to the Licensed Genetic Counselor Advisory Board in accordance with
Chapter 508, Occupations Code, as added by this Act. In making the
initial appointments, the presiding officer of the commission shall
designate three members for terms expiring February 1, 2021, three
members for terms expiring February 1, 2023, and three members for
terms expiring February 1, 2025.
(b) Notwithstanding Section 508.051, Occupations Code, as
added by this Act, a person who meets the requirements of Section
508.153, Occupations Code, as added by this Act, may be appointed as
an initial licensed genetic counselor member of the Licensed
Genetic Counselor Advisory Board, regardless of whether the person
holds a license issued under Chapter 508, Occupations Code, as
added by this Act.
SECTION 7.004. Not later than May 1, 2020, the Texas
Commission of Licensing and Regulation shall adopt the rules,
procedures, and fees necessary to administer Chapter 508,
Occupations Code, as added by this Act.
SECTION 7
.005. Notwithstanding Chapter 508, Occupations
Code, as added by this Act, a person is not required to hold a
license under that chapter to practice as a licensed genetic
counselor in this state before September 1, 2020.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.001. (a) Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2019.
(b) The following provisions, as added by this Act, take
effect September 1, 2020:
(1) Sections 171.0151 and 171.0202, Government Code;
(2) Subchapters I, J, and K, Chapter 171, Government
Code;
(3) Section 508.151, Occupations Code; and
(4) Subchapter F, Chapter 508, Occupations Code.