Bill Text: TX HB4069 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to the continuation and functions of the Executive Council of Physical Therapy and Occupational Therapy Examiners, the Texas Board of Physical Therapy Examiners, and the Texas Board of Occupational Therapy Examiners; authorizing a fee.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2017-04-03 - Referred to Public Health [HB4069 Detail]

Download: Texas-2017-HB4069-Introduced.html
  85R2521 KKR-D
 
  By: Burkett H.B. No. 4069
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Executive Council
  of Physical Therapy and Occupational Therapy Examiners, the Texas
  Board of Physical Therapy Examiners, and the Texas Board of
  Occupational Therapy Examiners; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
  THERAPY EXAMINERS
         SECTION 1.01.  Section 452.002, Occupations Code, is amended
  to read as follows:
         Sec. 452.002.  APPLICATION OF SUNSET ACT.  The Executive
  Council of Physical Therapy and Occupational Therapy Examiners is
  subject to Chapter 325, Government Code (Texas Sunset Act).  Unless
  continued in existence as provided by that chapter, the executive
  council is abolished and the following laws expire September 1,
  2029 [2017]:
               (1)  this chapter;
               (2)  Chapter 453; and
               (3)  Chapter 454.
         SECTION 1.02.  Section 452.053, Occupations Code, is amended
  to read as follows:
         Sec. 452.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  
  In this section, "Texas trade association" means a [nonprofit,]
  cooperative[,] and voluntarily joined statewide association of
  business or professional competitors in this state designed to
  assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest.
         (b)  A person [An officer, employee, or paid consultant of a
  Texas trade association in the field of health care] may not be a
  member of the executive council and may not be an employee of the
  executive council 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 [who is exempt from the state's
  position classification plan or is compensated at or above the
  amount prescribed by the General Appropriations Act for step 1,
  salary group A17, of the position classification salary schedule.
         [(c)  A person who is the] spouse is [of] an officer,
  manager, or paid consultant of a Texas trade association in the
  field of health care [may not be a member of the executive council
  and may not be an employee of the executive council who is exempt
  from the state's position classification plan or is compensated at
  or above the amount prescribed by the General Appropriations Act
  for step 1, salary group A17, of the position classification salary
  schedule].
         (c) [(d)]  A person may not serve as a member of the
  executive council or act as the general counsel to the executive
  council 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 executive council, the occupational therapy board, or the
  physical therapy board.
         SECTION 1.03.  Section 452.055, Occupations Code, is amended
  to read as follows:
         Sec. 452.055.  PRESIDING OFFICER. The [member appointed by
  the] governor shall designate a member of the executive council as
  [is] the presiding officer of the executive council to serve in that
  capacity at the pleasure of the governor.
         SECTION 1.04.  Sections 452.056(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  It is a ground for removal from the executive council
  that a member:
               (1)  does not have at the time of taking office
  [appointment] the qualifications required by Section 452.051;
               (2)  does not maintain during service on the executive
  council the qualifications required by Section 452.051;
               (3)  is ineligible for membership under [violates a
  prohibition established by] Section 452.052 or 452.053;
               (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 executive council meetings that the member is eligible to
  attend during a calendar year without an excuse approved [unless
  the absence is excused] by a majority vote of the executive council.
         (c)  If the director has knowledge that a potential ground
  for removal exists, the director shall notify the presiding officer
  of the executive council of the potential ground. The presiding
  officer shall then notify the governor and the attorney general
  [authority that appointed the member] that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the director shall notify the next highest
  ranking officer of the executive council, who shall then notify the
  governor and the attorney general that a potential ground for
  removal exists.
         SECTION 1.05.  Subchapter B, Chapter 452, Occupations Code,
  is amended by adding Section 452.059 to read as follows:
         Sec. 452.059.  TRAINING. (a) A person who is appointed to
  and qualifies for office as a member of the executive council may
  not vote, deliberate, or be counted as a member in attendance at a
  meeting of the executive council until the person completes a
  training program that complies with this section.
         (b)  The training program required under this section must
  provide the person with information regarding:
               (1)  the law governing the operations of the executive
  council, physical therapy board, and occupational therapy board;
               (2)  the programs, functions, rules, and budget of the
  executive council, physical therapy board, and occupational
  therapy board;
               (3)  the scope of and limitations on the rulemaking
  authority of the executive council, physical therapy board, and
  occupational therapy board;
               (4)  the results of the most recent formal audit of the
  executive council, physical therapy board, and occupational
  therapy board;
               (5)  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
  executive council, physical therapy board, and occupational
  therapy board in performing their duties; and
               (6)  any applicable ethics policies adopted by the
  executive council or the Texas Ethics Commission.
         (c)  A person appointed to the executive council is entitled
  to reimbursement, as provided by the General Appropriations Act,
  for the travel expenses incurred in attending the training program
  regardless of whether the person's attendance at the program occurs
  before or after the person qualifies for office.
         (d)  The director of the executive council shall create a
  training manual that includes the information required by
  Subsection (b). The director shall distribute a copy of the
  training manual annually to each member of the executive council.
  On receipt of the training manual, each member of the executive
  council shall sign and submit to the director a statement
  acknowledging receipt of the training manual.
         SECTION 1.06.  Section 452.102, Occupations Code, is amended
  to read as follows:
         Sec. 452.102.  DIVISION OF RESPONSIBILITIES. The executive
  council shall develop and implement policies that clearly separate
  [define] the policymaking [respective] responsibilities of the
  executive council and the management responsibilities of the
  director and the staff of the executive council.
         SECTION 1.07.  Section 452.152(b), Occupations Code, is
  amended to read as follows:
         (b)  The executive council shall perform the administrative
  functions relating to issuing and renewing licenses, including[:
               [(1)     the administration of written examinations and
  collection of fees; and
               [(2)]  the ministerial functions of preparing and
  delivering licenses, obtaining material and information in
  connection with the renewal of a license, and receiving and
  forwarding complaints to the appropriate board.
         SECTION 1.08.  Subchapter D, Chapter 452, Occupations Code,
  is amended by adding Section 452.160 to read as follows:
         Sec. 452.160.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a) The executive council shall develop a policy to
  encourage the use of:
               (1)  negotiated rulemaking under Chapter 2008,
  Government Code, for the adoption of rules by the executive council
  or the occupational therapy or physical therapy boards; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the executive
  council's jurisdiction.
         (b)  The executive council's procedures relating to
  alternative dispute resolution must conform, to the extent
  possible, to any model guidelines issued by the State Office of
  Administrative Hearings for the use of alternative dispute
  resolution by state agencies.
         (c)  The executive council shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 1.09.  Section 452.153(b), Occupations Code, is
  repealed.
         SECTION 1.10.  As soon as practicable after the effective
  date of this article:
               (1)  the director of the Executive Council of Physical
  Therapy and Occupational Therapy Examiners shall create the
  training manual required by Section 452.059(d), Occupations Code,
  as added by this article; and
               (2)  the executive council shall:
                     (A)  develop and implement the policies required
  by Section 452.102, Occupations Code, as amended by this article;
  and
                     (B)  develop the policy required by Section
  452.160, Occupations Code, as added by this article.
         SECTION 1.11.  Notwithstanding Section 452.059(a),
  Occupations Code, as added by this article, a member of the
  Executive Council of Physical Therapy and Occupational Therapy
  Examiners who has not completed the training required by Section
  452.059, Occupations Code, as added by this article, may vote,
  deliberate, and be counted as a member in attendance at a meeting of
  the Executive Council of Physical Therapy and Occupational Therapy
  Examiners until December 1, 2017.
  ARTICLE 2. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
         SECTION 2.01.  Section 453.002, Occupations Code, is amended
  to read as follows:
         Sec. 453.002.  APPLICATION OF SUNSET ACT.  The Texas Board of
  Physical Therapy Examiners is subject to Chapter 325, Government
  Code (Texas Sunset Act).  Unless continued in existence as provided
  by that chapter, the board is abolished and this chapter expires
  September 1, 2029 [2017].
         SECTION 2.02.  Section 453.054, Occupations Code, is amended
  to read as follows:
         Sec. 453.054.  MEMBERSHIP RESTRICTIONS.  (a)  In this
  section, "Texas trade association" means a [nonprofit,]
  cooperative[,] and voluntarily joined statewide association of
  business or professional competitors in this state designed to
  assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest.
         (b)  A person [An officer, employee, or paid consultant of a
  Texas trade association in the field of health care] may not be a
  member of the board 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 [.
         [(c)  A person who is the] spouse is [of] an officer,
  manager, or paid consultant of a Texas trade association in the
  field of health care [may not be a member of the board].
         (c) [(d)]  A person may not be [serve as] a member of 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 board.
         SECTION 2.03.  Sections 453.056(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  It is a ground for removal from the board that a member:
               (1)  does not have at the time of taking office
  [appointment] the qualifications required by Section 453.051(a);
               (2)  does not maintain during service on the board the
  qualifications required by Section 453.051(a);
               (3)  is ineligible for membership under [violates a
  prohibition established by] Section 453.053 or 453.054;
               (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 board meetings that the member is eligible to attend
  during a calendar year without an excuse approved [unless the
  absence is excused] by a majority vote of the board.
         (c)  If the coordinator of physical therapy programs has
  knowledge that a potential ground for removal exists, the
  coordinator shall notify the presiding officer of the board of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the coordinator 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 2.04.  Section 453.058, Occupations Code, is amended
  to read as follows:
         Sec. 453.058.  OFFICERS. (a)  The governor shall designate a
  member of the board as the presiding officer of the board to serve
  in that capacity at the pleasure of the governor.
         (b)  After the appointment of members every two years, the
  members of the board shall elect from among its members a [presiding
  officer,] secretary[,] and other officers required to conduct the
  business of the board.
         SECTION 2.05.  Section 453.060, Occupations Code, is amended
  to read as follows:
         Sec. 453.060.  TRAINING.  (a)  A person who is appointed to
  and qualifies for office as [Before] a member of the board may not
  vote, deliberate, or be counted as a member in attendance at a
  meeting of [assume the member's duties, the member must complete at
  least a course of the training program established by] the board
  until the person completes a training program that complies with
  [under] this section.
         (b)  The [A] training program must [shall] provide the person
  with information [to a participant] regarding:
               (1)  the law governing board and executive council
  operations [this chapter];
               (2)  the programs, functions, rules, and budget of
  [operated by] the board and executive council;
               (3)  the scope of and limitations on the rulemaking
  authority [the role and functions] of the board and executive
  council;
               (4)  [the rules of the board, with an emphasis on the
  rules that relate to disciplinary and investigatory authority;
               [(5)  the current budget for the board;
               [(6)]  the results of the most recent formal audit of
  the board and executive council;
               (5) [(7)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts 
  [Chapters 551, 552, 2001, and 2002, Government Code;
               [(8)  the requirements of the conflict] of interest;
  and
                     (B)  [laws and] other laws applicable to members
  of the board in performing their duties [relating to public
  officials]; and
               (6) [(9)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (c)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the person's attendance at the program occurs
  before or after the person qualifies for office [In developing the
  training requirements provided for by this section, the board shall
  consult with the governor's office, the attorney general's office,
  and the Texas Ethics Commission].
         (d)  The director of the executive council shall create a
  training manual that includes the information required by
  Subsection (b). The director shall distribute a copy of the
  training manual annually to each board member. On receipt of the
  training manual, each board member shall sign and submit to the
  director a statement acknowledging receipt of the training manual
  [If another state agency or entity is given the authority to
  establish the training requirements, the board shall allow that
  training instead of developing its own program].
         SECTION 2.06.  Section 453.105(b), Occupations Code, is
  amended to read as follows:
         (b)  The board shall develop and implement policies that
  clearly separate [define] the policymaking [respective]
  responsibilities of the board and the management responsibilities
  of the director and [the] staff of the executive council.
         SECTION 2.07.  Subchapter C, Chapter 453, Occupations Code,
  is amended by adding Sections 453.1061 and 453.109 to read as
  follows:
         Sec. 453.1061.  PLACE OF EMPLOYMENT. The board may require
  that a license holder provide current information in a readily
  accessible and usable format regarding the license holder's place
  of employment as a physical therapist or physical therapist
  assistant.
         Sec. 453.109.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a) The board shall develop a policy to encourage the
  use of:
               (1)  negotiated rulemaking under Chapter 2008,
  Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 2.08.  Section 453.151(c), Occupations Code, is
  amended to read as follows:
         (c)  Information maintained by the executive council or the
  board under this chapter regarding the home address or personal
  telephone number of a person licensed under this chapter [or a
  person who is an owner or manager of a physical therapy facility
  registered under this chapter] is confidential and not subject to
  disclosure under Chapter 552, Government Code.  A person licensed
  under this chapter [or a person who is an owner or manager of a
  physical therapy facility registered under this chapter] must
  provide the board with a business address or address of record that
  will be subject to disclosure under Chapter 552, Government Code.
         SECTION 2.09.  Section 453.154(e), Occupations Code, is
  amended to read as follows:
         (e)  The staff of the executive council [coordinator of
  physical therapy programs] shall notify the board of a complaint
  that is unresolved after the time prescribed by the board for
  resolving the complaint so that the board may take necessary action
  on the complaint.
         SECTION 2.10.  The heading to Subchapter E, Chapter 453,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E. LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
         SECTION 2.11.  Section 453.202(b), Occupations Code, is
  amended to read as follows:
         (b)  The application must be accompanied by[:
               [(1)  an examination fee prescribed by the board; and
               [(2)]  a nonrefundable application fee prescribed by
  the executive council [board].
         SECTION 2.12.  Section 453.203, Occupations Code, is amended
  to read as follows:
         Sec. 453.203.  QUALIFICATIONS FOR PHYSICAL THERAPIST OR
  PHYSICAL THERAPIST ASSISTANT LICENSE.  (a)  An applicant for a
  physical therapist license must, in addition to other requirements
  and qualifications established by the board, present:
               (1)  evidence satisfactory to the board that the
  applicant has completed an accredited physical therapy educational
  program; or
               (2)  official documentation from an educational
  credentials review agency approved by the board certifying that the
  applicant has completed[:
                     [(A)]  a program equivalent to a Commission on
  Accreditation in [of] Physical Therapy Education accredited
  program[; and
                     [(B)     at least 60 academic semester credits or the
  equivalent from an accredited institution of higher education].
         (b)  An applicant for a physical therapist assistant license
  must, in addition to other requirements and qualifications
  established by the board, present evidence satisfactory to the
  board that the applicant has completed an accredited physical
  therapist assistant program or an accredited physical therapy
  educational program[, including courses in the anatomical,
  biological, and physical sciences, and clinical procedures
  prescribed and approved by the board].
         (c)  A physical therapy educational program or physical
  therapist assistant program is an accredited program if the program
  is[:
               [(1)]  accredited by the Commission on Accreditation in
  Physical Therapy Education[; and
               [(2)     associated with an institution of higher
  education].
         SECTION 2.13.  Section 453.204(b), Occupations Code, is
  amended to read as follows:
         (b)  Before allowing a foreign-trained applicant to take the
  examination, the board shall require the applicant to furnish proof
  of[:
               [(1)  good moral character; and
               [(2)]  completion of requirements substantially equal
  to those under Section 453.203.
         SECTION 2.14.  Section 453.205, Occupations Code, is amended
  to read as follows:
         Sec. 453.205.  LICENSE EXAMINATION.  (a)  The board by rule
  shall recognize a national testing entity to administer the
  examination required to obtain a physical therapist or physical
  therapist assistant license [shall examine applicants for licenses
  at least once each year at a reasonable place and time designated by
  the board].
         (b)  The physical therapist examination is a national
  examination that tests entry-level competence related to [must
  cover the subjects generally taught by an accredited] physical
  therapy theory, examination [educational program or an accredited
  physical therapist assistant program and may include clinical
  decision-making] and evaluation, prognosis, treatment
  intervention, prevention [program planning and implementation, and
  administration, education], and consultation[, and research in
  physical therapy].
         (c)  The physical therapist assistant examination is a
  national examination that tests for required knowledge and skills
  in the technical application of physical therapy services [board by
  rule may establish a procedure for administering the examination,
  including the conditions under which and the number of times an
  applicant may retake an examination].
         (d)  An applicant for a license must agree to comply with the
  security and copyright provisions of the national examination. If
  the board has knowledge of a violation of the security or copyright
  provisions or a compromise or attempted compromise of the
  provisions, the board shall report the matter to the testing entity 
  [The board shall have any written portion of the examination
  validated by an independent testing entity].
         (e)  The board may disqualify an applicant from taking or
  retaking an examination for a period specified by the board if the
  board determines that the applicant engaged or attempted to engage
  in conduct that compromises or undermines the integrity of the
  examination process, including a violation of security or copyright
  provisions related to the national examination.
         (f)  If the board enters into a contract with a national
  testing entity under Subsection (a), the contract must include a
  provision requiring the national testing entity to provide to the
  board an examination score report for each applicant for a license
  under this chapter who took the examination.
         (g)  The board may require an applicant for a physical
  therapist or physical therapist assistant license to pass a
  jurisprudence examination.
         SECTION 2.15.  Section 453.207, Occupations Code, is amended
  to read as follows:
         Sec. 453.207.  REEXAMINATION.  (a)  An applicant who fails to
  pass an [a one-part] examination under Section 453.205 may retake
  the examination under the policies of the national testing entity
  [or a part of a divided examination may take another one-part
  examination or the part of the divided examination that the
  applicant failed on payment of an additional examination fee].
         (b)  [If an applicant fails to pass a second or subsequent
  examination, the board shall require the applicant to complete an
  additional course of study designated by the board.] Before
  retaking an [taking a subsequent] examination, the applicant must:
               (1)  submit [present] to the board a reexamination
  application prescribed by the board [satisfactory evidence that the
  applicant has completed the required course of study]; and
               (2)  pay a nonrefundable application [an additional]
  fee prescribed by the executive council [equal to the amount of the
  fee required for filing the original application].
         SECTION 2.16.  Subchapter E, Chapter 453, Occupations Code,
  is amended by adding Sections 453.214 and 453.215 to read as
  follows:
         Sec. 453.214.  LICENSE BY ENDORSEMENT. (a) The board shall
  issue a physical therapist license or a physical therapist
  assistant license, as applicable, to an applicant who holds a
  current, unrestricted license in another jurisdiction that
  maintains licensing requirements that are substantially equivalent
  to the requirements under this chapter. An applicant for a license
  under this section must:
               (1)  present proof to the board that the applicant is
  licensed in good standing as a physical therapist or physical
  therapist assistant in that jurisdiction;
               (2)  provide to the board information regarding the
  status of any other professional license that the applicant holds
  or has held in this state or another jurisdiction;
               (3)  present proof to the board that the applicant has
  passed a jurisprudence examination required by the board;
               (4)  meet the qualifications required by Section
  453.203 or 453.204, as applicable;
               (5)  not have committed an act that is grounds for
  denial of a license under Section 453.351;
               (6)  submit to the board a current photograph that
  meets the requirements for a United States passport; and
               (7)  meet any additional requirements provided by board
  rule.
         (b)  The board shall adopt rules for issuing a provisional
  license under Section 453.209 to an applicant for a license by
  endorsement who encounters a delay that is outside the applicant's
  control in submitting to the board the documentation required by
  this section.
         Sec. 453.215.  CRIMINAL HISTORY RECORD INFORMATION FOR
  LICENSE ISSUANCE. (a)  The board shall require that an applicant
  for a license submit a complete and legible set of fingerprints, on
  a form prescribed by the board, to the board 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 board may not issue a license to a person who does
  not comply with the requirement of Subsection (a).
         (c)  The board 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 board by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Chapter 411, Government Code.
         (d)  The board 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 2.17.  Section 453.252(b), Occupations Code, is
  amended to read as follows:
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the executive council the
  renewal fee and a late fee set by the executive council in an amount
  that does not exceed one-half of the amount charged for renewal of
  [examination for] the license.  If a person's license has been
  expired for more than 90 days but less than one year, the person may
  renew the license by paying to the executive council all unpaid
  renewal fees and a late fee set by the executive council in an
  amount that does not exceed the amount charged for renewal of
  [examination for] the license.
         SECTION 2.18.  Section 453.253(b), Occupations Code, is
  amended to read as follows:
         (b)  The person must pay to the executive council a renewal
  fee set by the executive council under this section in an amount
  that does not exceed the renewal [examination] fee for the license.
         SECTION 2.19.  Section 453.254, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The board by rule shall establish a process for
  selecting an appropriate organization to approve continuing
  competence activities under Subsection (d). The selection process
  must include a request for proposal and bidding process. If the
  board authorizes an organization to approve continuing competence
  activities under Subsection (d), the board shall request bids and
  proposals from that organization and other organizations at least
  once every four years.
         SECTION 2.20.  Subchapter F, Chapter 453, Occupations Code,
  is amended by adding Section 453.255 to read as follows:
         Sec. 453.255.  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 453.215.
         (b)  The board 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 453.215 for the initial issuance of the
  license; or
               (2)  this section as part of a prior license renewal.
         SECTION 2.21.  Subchapter H, Chapter 453, Occupations Code,
  is amended by adding Sections 453.3525 and 453.357 to read as
  follows:
         Sec. 453.3525.  SCHEDULE OF SANCTIONS.  (a)  The board by
  rule shall adopt a schedule of administrative penalties and other
  sanctions that the board may impose under this chapter.  In adopting
  the schedule of sanctions, the board shall ensure that the amount of
  the penalty or severity of the sanction imposed is appropriate to
  the type of violation or conduct that is the basis for disciplinary
  action. In determining the appropriate disciplinary action,
  including the amount of any administrative penalty to assess, the
  board shall consider:
               (1)  the seriousness of the violation, including:
                     (A)  the nature, circumstances, extent, and
  gravity of the violation; and
                     (B)  the hazard or potential hazard created to the
  health, safety, or economic welfare of the public;
               (2)  the history of previous violations;
               (3)  the amount necessary to deter future violations;
               (4)  efforts to correct the violation;
               (5)  the economic harm to the public interest or public
  confidence caused by the violation;
               (6)  whether the violation was intentional; and
               (7)  any other matter that justice may require.
         (b)  The board shall make the schedule of sanctions adopted
  under Subsection (a) available to the public on request.
         Sec. 453.357.  RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
  (a)  The board by rule shall establish a process to expunge any
  record of disciplinary action taken against a license holder before
  September 1, 2017, for practicing in a facility that failed to meet
  the registration requirements of Section 453.213, as that section
  existed on January 1, 2017.  The rules must provide that the board
  may not expunge a record under this section after September 1, 2019.
         (b)  This section expires September 1, 2019.
         SECTION 2.22.  Section 453.401, Occupations Code, is amended
  to read as follows:
         Sec. 453.401.  IMPOSITION OF PENALTY. The board may impose
  an administrative penalty on a person licensed or regulated under
  this chapter [or a facility registered under this chapter] who
  violates this chapter or a rule or order adopted under this chapter.
         SECTION 2.23.  Section 453.402(b), Occupations Code, is
  amended to read as follows:
         (b)  The amount of the penalty shall be determined according
  to the sanctions schedule adopted under Section 453.3525 [based on:
               [(1)  the seriousness of the violation, including:
                     [(A)     the nature, circumstances, extent, and
  gravity of a prohibited act; and
                     [(B)     the hazard or potential hazard created to
  the health, safety, or economic welfare of the public;
               [(2)  the history of previous violations;
               [(3)  the amount necessary to deter future violations;
               [(4)  efforts to correct the violation; and
               [(5)  any other matter that justice may require].
         SECTION 2.24.  Section 453.403(a), Occupations Code, is
  amended to read as follows:
         (a)  The board shall adopt rules that establish procedures
  for assessing an administrative penalty and that provide for notice
  and a hearing for a license holder [or facility administrator] that
  may be subject to a penalty under this subchapter.
         SECTION 2.25.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 453.001(8);
               (2)  Section 453.202(c);
               (3)  Section 453.206; and
               (4)  Section 453.213.
         SECTION 2.26.  (a) Except as provided by Subsection (b) of
  this section, Section 453.060, Occupations Code, as amended by this
  article, applies to a member of the Texas Board of Physical Therapy
  Examiners appointed before, on, or after the effective date of this
  article.
         (b)  A member of the Texas Board of Physical Therapy
  Examiners who, before the effective date of this article, completed
  the training program required by Section 453.060, Occupations Code,
  as that law existed before the effective date of this article, is
  required to complete additional training only on subjects added to
  the training program required by Section 453.060, Occupations Code,
  as amended by this article. A board member described by this
  subsection may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the Texas Board of Physical Therapy
  Examiners held on or after December 1, 2017, until the member
  completes the additional training.
         SECTION 2.27.  As soon as practicable after the effective
  date of this article, the director of the Executive Council of
  Physical Therapy and Occupational Therapy Examiners shall create
  the training manual required by Section 453.060(d), Occupations
  Code, as amended by this article.
         SECTION 2.28.  As soon as practicable after the effective
  date of this article, the Texas Board of Physical Therapy Examiners
  shall:
               (1)  develop and implement the policies required by:
                     (A)  Section 453.105(b), Occupations Code, as
  amended by this article; and
                     (B)  Section 453.109, Occupations Code, as added
  by this article; and
               (2)  adopt any rules necessary to implement Chapter
  453, Occupations Code, as amended by this article.
         SECTION 2.29.  Not later than September 1, 2018, the Texas
  Board of Physical Therapy Examiners shall establish the request for
  proposal and bidding process required by Section 453.254(e),
  Occupations Code, as added by this article.
         SECTION 2.30.  Sections 453.203, 453.204, 453.205, 453.207,
  453.252, and 453.253, Occupations Code, as amended by this article,
  and Sections 453.215 and 453.255, Occupations Code, as added by
  this article, apply only to an application for the issuance or
  renewal of a physical therapist or physical therapist assistant
  license submitted to the Texas Board of Physical Therapy Examiners
  on or after the effective date of this article.  An application
  submitted before that date is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 2.31.  A person who holds a physical therapist or
  physical therapist assistant license issued before the effective
  date of this article may continue to renew that license without
  complying with the changes in law made by this article to Section
  453.203, Occupations Code.
         SECTION 2.32.  (a)  The Texas Board of Physical Therapy
  Examiners shall dismiss the portion of any complaint, penalty,
  disciplinary action, or contested case pending on the effective
  date of this article that is based on a violation of rules adopted
  under Section 453.213, Occupations Code, as repealed by this
  article.
         (b)  Section 453.357, Occupations Code, as added by this
  article, applies only to records of disciplinary action for conduct
  that occurred before the effective date of this article.
         SECTION 2.33.  Section 453.3525, Occupations Code, as added
  by this article, and Section 453.402(b), Occupations Code, as
  amended by this article, apply only to conduct that occurs on or
  after the date that rules adopted under Section 453.3525 take
  effect.  Conduct that occurs before that date is governed by the law
  in effect before the effective date of this article, and the former
  law is continued in effect for that purpose.
  ARTICLE 3.  PHYSICAL THERAPY LICENSURE COMPACT
         SECTION 3.01.  Chapter 453, Occupations Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K.  PHYSICAL THERAPY LICENSURE COMPACT
         Sec. 453.501.  PHYSICAL THERAPY LICENSURE COMPACT. The
  Physical Therapy Licensure Compact is enacted and entered into with
  all other jurisdictions that legally join in the compact, which
  reads as follows:
         SECTION 1.  PURPOSE
         The purpose of this Compact is to facilitate interstate
  practice of physical therapy with the goal of improving public
  access to physical therapy services. The practice of physical
  therapy occurs in the state where the patient/client is located at
  the time of the patient/client encounter. The Compact preserves the
  regulatory authority of states to protect public health and safety
  through the current system of state licensure.
         This Compact is designed to achieve the following objectives:
         1.  Increase public access to physical therapy services by
  providing for the mutual recognition of other member
  state licenses;
         2.  Enhance the states' ability to protect the public's
  health and safety;
         3.  Encourage the cooperation of member states in regulating
  multi-state physical therapy practice;
         4.  Support spouses of relocating military members;
         5.  Enhance the exchange of licensure, investigative, and
  disciplinary information between member states; and
         6.  Allow a remote state to hold a provider of services with a
  compact privilege in that state accountable to that
  state's practice standards.
         SECTION 2.  DEFINITIONS
         As used in this Compact, and except as otherwise provided,
  the following definitions shall apply:
               1.  "Active Duty Military" means full-time duty status
  in the active uniformed service of the United
  States, including members of the National Guard and
  Reserve on active duty orders pursuant to 10 U.S.C.
  Section 1209 and 1211.
               2.  "Adverse Action" means disciplinary action taken by
  a physical therapy licensing board based upon
  misconduct, unacceptable performance, or a
  combination of both.
               3.  "Alternative Program" means a non-disciplinary
  monitoring or practice remediation process
  approved by a physical therapy licensing board.
  This includes, but is not limited to, substance
  abuse issues.
               4.  "Compact privilege" means the authorization
  granted by a remote state to allow a licensee from
  another member state to practice as a physical
  therapist or work as a physical therapist assistant
  in the remote state under its laws and rules. The
  practice of physical therapy occurs in the member
  state where the patient/client is located at the
  time of the patient/client encounter.
               5.  "Continuing competence" means a requirement, as a
  condition of license renewal, to provide evidence
  of participation in, and/or completion of,
  educational and professional activities relevant
  to practice or area of work.
               6.  "Data system" means a repository of information
  about licensees, including examination, licensure,
  investigative, compact privilege, and adverse
  action.
               7.  "Encumbered license" means a license that a
  physical therapy licensing board has limited in any
  way.
               8.  "Executive Board" means a group of directors
  elected or appointed to act on behalf of, and
  within the powers granted to them by, the
  Commission.
               9.  "Home state" means the member state that is the
  licensee's primary state of residence.
               10. "Investigative information" means information,
  records, and documents received or generated by a
  physical therapy licensing board pursuant to an
  investigation.
               11. "Jurisprudence Requirement" means the assessment
  of an individual's knowledge of the laws and rules
  governing the practice of physical therapy in a
  state.
               12. "Licensee" means an individual who currently holds
  an authorization from the state to practice as a
  physical therapist or to work as a physical
  therapist assistant.
               13. "Member state" means a state that has enacted the
  Compact.
               14. "Party state" means any member state in which a
  licensee holds a current license or compact
  privilege or is applying for a license or compact
  privilege.
               15. "Physical therapist" means an individual who is
  licensed by a state to practice physical therapy.
               16. "Physical therapist assistant" means an individual
  who is licensed/certified by a state and who
  assists the physical therapist in selected
  components of physical therapy.
               17. "Physical therapy," "physical therapy practice,"
  and "the practice of physical therapy" mean the
  care and services provided by or under the
  direction and supervision of a licensed physical
  therapist.
               18. "Physical Therapy Compact Commission" or
  "Commission" means the national administrative
  body whose membership consists of all states that
  have enacted the Compact.
               19. "Physical therapy licensing board" or "licensing
  board" means the agency of a state that is
  responsible for the licensing and regulation of
  physical therapists and physical therapist
  assistants.
               20. "Remote State" means a member state other than the
  home state, where a licensee is exercising or
  seeking to exercise the compact privilege.
               21. "Rule" means a regulation, principle, or directive
  promulgated by the Commission that has the force of
  law.
               22. "State" means any state, commonwealth, district, or
  territory of the United States of America that
  regulates the practice of physical therapy.
         SECTION 3.  STATE PARTICIPATION IN THE COMPACT
         A.  To participate in the Compact, a state must:
               1.  Participate fully in the Commission's data system,
  including using the Commission's unique identifier
  as defined in rules;
               2.  Have a mechanism in place for receiving and
  investigating complaints about licensees;
               3.  Notify the Commission, in compliance with the terms
  of the Compact and rules, of any adverse action or
  the availability of investigative information
  regarding a licensee;
               4.  Fully implement a criminal background check
  requirement, within a time frame established by
  rule, by receiving the results of the Federal
  Bureau of Investigation record search on criminal
  background checks and use the results in making
  licensure decisions in accordance with Section
  3.B.;
               5.  Comply with the rules of the Commission;
               6.  Utilize a recognized national examination as a
  requirement for licensure pursuant to the rules of
  the Commission; and
               7.  Have continuing competence requirements as a
  condition for license renewal.
         B.  Upon adoption of this statute, the member state shall
  have the authority to obtain biometric-based information from each
  physical therapy licensure applicant and submit this information to
  the Federal Bureau of Investigation for a criminal background check
  in accordance with 28 U.S.C. Section 534 and 42 U.S.C. Section
  14616.
         C.  A member state shall grant the compact privilege to a
  licensee holding a valid unencumbered license in another member
  state in accordance with the terms of the Compact and rules.
         D.   Member states may charge a fee for granting a compact
  privilege.
         SECTION 4.  COMPACT PRIVILEGE
         A.  To exercise the compact privilege under the terms and
  provisions of the Compact, the licensee shall:
               1.  Hold a license in the home state;
               2.  Have no encumbrance on any state license;
               3.  Be eligible for a compact privilege in any member
  state in accordance with Section 4D, G and H;
               4.  Have not had any adverse action against any license
  or compact privilege within the previous 2 years;
               5.  Notify the Commission that the licensee is seeking
  the compact privilege within a remote state(s);
               6.  Pay any applicable fees, including any state fee,
  for the compact privilege;
               7.  Meet any jurisprudence requirements established by
  the remote state(s) in which the licensee is
  seeking a compact privilege; and
               8.  Report to the Commission adverse action taken by
  any non-member state within 30 days from the date
  the adverse action is taken.
         B.  The compact privilege is valid until the expiration date
  of the home license. The licensee must comply with the requirements
  of Section 4.A. to maintain the compact privilege in the remote
  state.
         C.  A licensee providing physical therapy in a remote state
  under the compact privilege shall function within the laws and
  regulations of the remote state.
         D.  A licensee providing physical therapy in a remote state
  is subject to that state's regulatory authority. A remote state
  may, in accordance with due process and that state's laws, remove a
  licensee's compact privilege in the remote state for a specific
  period of time, impose fines, and/or take any other necessary
  actions to protect the health and safety of its citizens. The
  licensee is not eligible for a compact privilege in any state until
  the specific time for removal has passed and all fines are paid.
         E.  If a home state license is encumbered, the licensee shall
  lose the compact privilege in any remote state until the following
  occur:
               1.  The home state license is no longer encumbered; and
               2.  Two years have elapsed from the date of the adverse
  action.
         F.  Once an encumbered license in the home state is restored
  to good standing, the licensee must meet the requirements of
  Section 4A to obtain a compact privilege in any remote state.
         G.  If a licensee's compact privilege in any remote state is
  removed, the individual shall lose the compact privilege in any
  remote state until the following occur:
               1.  The specific period of time for which the compact
  privilege was removed has ended;
               2.  All fines have been paid; and
               3.  Two years have elapsed from the date of the adverse
  action.
         H.  Once the requirements of Section 4G have been met, the
  license must meet the requirements in Section 4A to obtain a compact
  privilege in a remote state.
         SECTION 5.  ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES
         A licensee who is active duty military or is the spouse of an
  individual who is active duty military may designate one of the
  following as the home state:
         A.  Home of record;
         B.  Permanent Change of Station (PCS); or
         C.  State of current residence if it is different than the
  PCS state or home of record.
         SECTION 6.  ADVERSE ACTIONS
         A.  A home state shall have exclusive power to impose adverse
  action against a license issued by the home state.
         B.  A home state may take adverse action based on the
  investigative information of a remote state, so long as the home
  state follows its own procedures for imposing adverse action.
         C.  Nothing in this Compact shall override a member state's
  decision that participation in an alternative program may be used
  in lieu of adverse action and that such participation shall remain
  non-public if required by the member state's laws. Member states
  must require licensees who enter any alternative programs in lieu
  of discipline to agree not to practice in any other member state
  during the term of the alternative program without prior
  authorization from such other member state.
         D.  Any member state may investigate actual or alleged
  violations of the statutes and rules authorizing the practice of
  physical therapy in any other member state in which a physical
  therapist or physical therapist assistant holds a license or
  compact privilege.
         E.  A remote state shall have the authority to:
               1.  Take adverse actions as set forth in Section 4.D.
  against a licensee's compact privilege in the
  state;
               2.  Issue subpoenas for both hearings and
  investigations that require the attendance and
  testimony of witnesses, and the production of
  evidence. Subpoenas issued by a physical therapy
  licensing board in a party state for the attendance
  and testimony of witnesses, and/or the production
  of evidence from another party state, shall be
  enforced in the latter state by any court of
  competent jurisdiction, according to the practice
  and procedure of that court applicable to subpoenas
  issued in proceedings pending before it. The
  issuing authority shall pay any witness fees,
  travel expenses, mileage, and other fees required
  by the service statutes of the state where the
  witnesses and/or evidence are located; and
               3.  If otherwise permitted by state law, recover from
  the licensee the costs of investigations and
  disposition of cases resulting from any adverse
  action taken against that licensee.
         F.  Joint Investigations
               1.  In addition to the authority granted to a member
  state by its respective physical therapy practice
  act or other applicable state law, a member state
  may participate with other member states in joint
  investigations of licensees.
               2.  Member states shall share any investigative,
  litigation, or compliance materials in furtherance
  of any joint or individual investigation initiated
  under the Compact.
         SECTION 7.  ESTABLISHMENT OF THE PHYSICAL THERAPY COMPACT
  COMMISSION
         A.  The Compact member states hereby create and establish a
  joint public agency known as the Physical Therapy Compact
  Commission:
               1.  The Commission is an instrumentality of the Compact
  states.
               2.  Venue is proper and judicial proceedings by or
  against the Commission shall be brought solely and
  exclusively in a court of competent jurisdiction
  where the principal office of the Commission is
  located. The Commission may waive venue and
  jurisdictional defenses to the extent it adopts or
  consents to participate in alternative dispute
  resolution proceedings.
               3.  Nothing in this Compact shall be construed to be a
  waiver of sovereign immunity.
         B.  Membership, Voting, and Meetings
               1.  Each member state shall have and be limited to one
  (1) delegate selected by that member state's
  licensing board.
               2.  The delegate shall be a current member of the
  licensing board, who is a physical therapist,
  physical therapist assistant, public member, or
  the board administrator.
               3.  Any delegate may be removed or suspended from
  office as provided by the law of the state from
  which the delegate is appointed.
               4.  The member state board shall fill any vacancy
  occurring in the Commission.
               5.  Each delegate shall be entitled to one (1) vote with
  regard to the promulgation of rules and creation of
  bylaws and shall otherwise have an opportunity to
  participate in the business and affairs of the
  Commission.
               6.  A delegate shall vote in person or by such other
  means as provided in the bylaws. The bylaws may
  provide for delegates' participation in meetings by
  telephone or other means of communication.
               7.  The Commission shall meet at least once during each
  calendar year. Additional meetings shall be held as
  set forth in the bylaws.
         C.  The Commission shall have the following powers and
  duties:
               1.  Establish the fiscal year of the Commission;
               2.  Establish bylaws;
               3.  Maintain its financial records in accordance with
  the bylaws;
               4.  Meet and take such actions as are consistent with
  the provisions of this Compact and the bylaws;
               5.  Promulgate uniform rules to facilitate and
  coordinate implementation and administration of
  this Compact. The rules shall have the force and
  effect of law and shall be binding in all member
  states;
               6.  Bring and prosecute legal proceedings or actions in
  the name of the Commission, provided that the
  standing of any state physical therapy licensing
  board to sue or be sued under applicable law shall
  not be affected;
               7.  Purchase and maintain insurance and bonds;
               8.  Borrow, accept, or contract for services of
  personnel, including, but not limited to,
  employees of a member state;
               9.  Hire employees, elect or appoint officers, fix
  compensation, define duties, grant such
  individuals appropriate authority to carry out the
  purposes of the Compact, and to establish the
  Commission's personnel policies and programs
  relating to conflicts of interest, qualifications
  of personnel, and other related personnel matters;
               10. Accept any and all appropriate donations and grants
  of money, equipment, supplies, materials and
  services, and to receive, utilize and dispose of
  the same; provided that at all times the Commission
  shall avoid any appearance of impropriety and/or
  conflict of interest;
               11. Lease, purchase, accept appropriate gifts or
  donations of, or otherwise to own, hold, improve or
  use, any property, real, personal or mixed;
  provided that at all times the Commission shall
  avoid any appearance of impropriety;
               12. Sell convey, mortgage, pledge, lease, exchange,
  abandon, or otherwise dispose of any property real,
  personal, or mixed;
               13. Establish a budget and make expenditures;
               14. Borrow money;
               15. Appoint committees, including standing committees
  composed of members, state regulators, state
  legislators or their representatives, and consumer
  representatives, and such other interested persons
  as may be designated in this Compact and the
  bylaws;
               16. Provide and receive information from, and cooperate
  with, law enforcement agencies;
               17. Establish and elect an Executive Board; and
               18. Perform such other functions as may be necessary or
  appropriate to achieve the purposes of this Compact
  consistent with the state regulation of physical
  therapy licensure and practice.
         D.  The Executive Board
         The Executive Board shall have the power to act on behalf of
  the Commission according to the terms of this Compact.
               1.  The Executive Board shall be composed of nine
  members:
                     a.  Seven voting members who are elected by the
  Commission from the current membership of the
  Commission;
                     b.  One ex-officio, nonvoting member from the
  recognized national physical therapy
  professional association; and
                     c.  One ex-officio, nonvoting member from the
  recognized membership organization of the
  physical therapy licensing boards.
               2.  The ex-officio members will be selected by their
  respective organizations.
               3.  The Commission may remove any member of the
  Executive Board as provided in bylaws.
               4.  The Executive Board shall meet at least annually.
               5.  The Executive Board shall have the following Duties
  and responsibilities:
                     a.  Recommend to the entire Commission changes to
  the rules or bylaws, changes to this Compact
  legislation, fees paid by Compact member
  states such as annual dues, and any
  commission Compact fee charged to licensees
  for the compact privilege;
                     b.  Ensure Compact administration services are
  appropriately provided, contractual or
  otherwise;
                     c.  Prepare and recommend the budget;
                     d.  Maintain financial records on behalf of the
  Commission;
                     e.  Monitor Compact compliance of member states
  and provide compliance reports to the
  Commission;
                     f.  Establish additional committees as necessary;
  and
                     g.  Other duties as provided in rules or bylaws.
         E.  Meetings of the Commission
               1.  All meetings shall be open to the public, and public
  notice of meetings shall be given in the same
  manner as required under the rulemaking provisions
  in Section 9.
               2.  The Commission or the Executive Board or other
  committees of the Commission may convene in a
  closed, non-public meeting if the Commission or
  Executive Board or other committees of the
  Commission must discuss:
                     a.  Non-compliance of a member state with its
  obligations under the Compact;
                     b.  The employment, compensation, discipline or
  other matters, practices or procedures
  related to specific employees or other
  matters related to the Commission's internal
  personnel practices and procedures;
                     c.  Current, threatened, or reasonably
  anticipated litigation;
                     d.  Negotiation of contracts for the purchase,
  lease, or sale of goods, services, or real
  estate;
                     e.  Accusing any person of a crime or formally
  censuring any person;
                     f.  Disclosure of trade secrets or commercial or
  financial information that is privileged or
  confidential;
                     g.  Disclosure of information of a personal nature
  where disclosure would constitute a clearly
  unwarranted invasion of personal privacy;
                     h.  Disclosure of investigative records compiled
  for law enforcement purposes;
                     i.  Disclosure of information related to any
  investigative reports prepared by or on
  behalf of or for use of the Commission or
  other committee charged with responsibility
  of investigation or determination of
  compliance issues pursuant to the Compact; or
                     j.  Matters specifically exempted from disclosure
  by federal or member state statute.
               3.  If a meeting, or portion of a meeting, is closed
  pursuant to this provision, the Commission's legal
  counsel or designee shall certify that the meeting
  may be closed and shall reference each relevant
  exempting provision.
               4.  The Commission shall keep minutes that fully and
  clearly describe all matters discussed in a meeting
  and shall provide a full and accurate summary of
  actions taken, and the reasons therefore,
  including a description of the views expressed. All
  documents considered in connection with an action
  shall be identified in such minutes. All minutes
  and documents of a closed meeting shall remain
  under seal, subject to release by a majority vote
  of the Commission or order of a court of competent
  jurisdiction.
         F.  Financing of the Commission
               1.  The Commission shall pay, or provide for the
  payment of, the reasonable expenses of its
  establishment, organization, and ongoing
  activities.
               2.  The Commission may accept any and all appropriate
  revenue sources, donations, and grants of money,
  equipment, supplies, materials, and services.
               3.  The Commission may levy on and collect an annual
  assessment from each member state or impose fees on
  other parties to cover the cost of the operations
  and activities of the Commission and its staff,
  which must be in a total amount sufficient to cover
  its annual budget as approved each year for which
  revenue is not provided by other sources. The
  aggregate annual assessment amount shall be
  allocated based upon a formula to be determined by
  the Commission, which shall promulgate a rule
  binding upon all member states.
               4.  The Commission shall not incur obligations of any
  kind prior to securing the funds adequate to meet
  the same; nor shall the Commission pledge the
  credit of any of the member states, except by and
  with the authority of the member state.
               5.  The Commission shall keep accurate accounts of all
  receipts and disbursements. The receipts and
  disbursements of the Commission shall be subject to
  the audit and accounting procedures established
  under its bylaws. However, all receipts and
  disbursements of funds handled by the Commission
  shall be audited yearly by a certified or licensed
  public accountant, and the report of the audit
  shall be included in and become part of the annual
  report of the Commission.
         G.  Qualified Immunity, Defense, and Indemnification
               1.  The members, officers, executive director,
  employees and representatives of the Commission
  shall be immune from suit and liability, either
  personally or in their official capacity, for any
  claim for damage to or loss of property or personal
  injury or other civil liability caused by or
  arising out of any actual or alleged act, error or
  omission that occurred, or that the person against
  whom the claim is made had a reasonable basis for
  believing occurred within the scope of Commission
  employment, duties or responsibilities; provided
  that nothing in this paragraph shall be construed
  to protect any such person from suit and/or
  liability for any damage, loss, injury, or
  liability caused by the intentional or willful or
  wanton misconduct of that person.
               2.  The Commission shall defend any member, officer,
  executive director, employee or representative of
  the Commission in any civil action seeking to
  impose liability arising out of any actual or
  alleged act, error, or omission that occurred
  within the scope of Commission employment, duties,
  or responsibilities, or that the person against
  whom the claim is made had a reasonable basis for
  believing occurred within the scope of Commission
  employment, duties, or responsibilities; provided
  that nothing herein shall be construed to prohibit
  that person from retaining his or her own counsel;
  and provided further, that the actual or alleged
  act, error, or omission did not result from that
  person's intentional or willful or wanton
  misconduct.
               3.  The Commission shall indemnify and hold harmless
  any member, officer, executive director, employee,
  or representative of the Commission for the amount
  of any settlement or judgment obtained against that
  person arising out of any actual or alleged act,
  error or omission that occurred within the scope of
  Commission employment, duties, or
  responsibilities, or that such person had a
  reasonable basis for believing occurred within the
  scope of Commission employment, duties, or
  responsibilities, provided that the actual or
  alleged act, error, or omission did not result from
  the intentional or willful or wanton misconduct of
  that person.
         SECTION 8.  DATA SYSTEM
         A.  The Commission shall provide for the development,
  maintenance, and utilization of a coordinated database and
  reporting system containing licensure, adverse action, and
  investigative information on all licensed individuals in member
  states.
         B.  Notwithstanding any other provision of state law to the
  contrary, a member state shall submit a uniform data set to the data
  system on all individuals to whom this Compact is applicable as
  required by the rules of the Commission, including:
               1.  Identifying information;
               2.  Licensure data;
               3.  Adverse actions against a license or compact
  privilege;
               4.  Non-confidential information related to
  alternative program participation;
               5.  Any denial of application for licensure, and the
  reason(s) for such denial; and
               6.  Other information that may facilitate the
  administration of this Compact, as determined by
  the rules of the Commission.
         C.  Investigative information pertaining to a licensee in
  any member state will only be available to other party states.
         D.  The Commission shall promptly notify all member states of
  any adverse action taken against a licensee or an individual
  applying for a license. Adverse action information pertaining to a
  licensee in any member state will be available to any other member
  state.
         E.  Member states contributing information to the data
  system may designate information that may not be shared with the
  public without the express permission of the contributing state.
         F.  Any information submitted to the data system that is
  subsequently required to be expunged by the laws of the member state
  contributing the information shall be removed from the data system.
         SECTION 9.  RULEMAKING
         A.  The Commission shall exercise its rulemaking powers
  pursuant to the criteria set forth in this Section and the rules
  adopted thereunder. Rules and amendments shall become binding as of
  the date specified in each rule or amendment.
         B.  If a majority of the legislatures of the member states
  rejects a rule, by enactment of a statute or resolution in the same
  manner used to adopt the Compact within 4 years of the date of
  adoption of the rule, then such rule shall have no further force and
  effect in any member state.
         C.  Rules or amendments to the rules shall be adopted at a
  regular or special meeting of the Commission.
         D.  Prior to promulgation and adoption of a final rule or
  rules by the Commission, and at least thirty (30) days in advance of
  the meeting at which the rule will be considered and voted upon, the
  Commission shall file a Notice of Proposed Rulemaking:
               1.  On the website of the Commission or other publicly
  accessible platform; and
               2.  On the website of each member state physical
  therapy licensing board or other publicly
  accessible platform or the publication in which
  each state would otherwise publish proposed rules.
         E.  The Notice of Proposed Rulemaking shall include:
               1.  The proposed time, date, and location of the
  meeting in which the rule will be considered and
  voted upon;
               2.  The text of the proposed rule or amendment and the
  reason for the proposed rule;
               3.  A request for comments on the proposed rule from any
  interested person; and
               4.  The manner in which interested persons may submit
  notice to the Commission of their intention to
  attend the public hearing and any written comments.
         F.  Prior to adoption of a proposed rule, the Commission
  shall allow persons to submit written data, facts, opinions, and
  arguments, which shall be made available to the public.
         G.  The Commission shall grant an opportunity for a public
  hearing before it adopts a rule or amendment if a hearing is
  requested by:
               1.  At least twenty-five (25) persons;
               2.  A state or federal governmental subdivision or
  agency; or
               3.  An association having at least twenty-five (25)
  members.
         H.  If a hearing is held on the proposed rule or amendment,
  the Commission shall publish the place, time, and date of the
  scheduled public hearing. If the hearing is held via electronic
  means, the Commission shall publish the mechanism for access to the
  electronic hearing.
               1.  All persons wishing to be heard at the hearing shall
  notify the executive director of the Commission or
  other designated member in writing of their desire
  to appear and testify at the hearing not less than
  five (5) business days before the scheduled date of
  the hearing.
               2.  Hearings shall be conducted in a manner providing
  each person who wishes to comment a fair and
  reasonable opportunity to comment orally or in
  writing.
               3.  All hearings will be recorded. A copy of the
  recording will be made available on request.
               4.  Nothing in this section shall be construed as
  requiring a separate hearing on each rule. Rules
  may be grouped for the convenience of the
  Commission at hearings required by this section.
         I.  Following the scheduled hearing date, or by the close of
  business on the scheduled hearing date if the hearing was not held,
  the Commission shall consider all written and oral comments
  received.
         J.  If no written notice of intent to attend the public
  hearing by interested parties is received, the Commission may
  proceed with promulgation of the proposed rule without a public
  hearing.
         K.  The Commission shall, by majority vote of all members,
  take final action on the proposed rule and shall determine the
  effective date of the rule, if any, based on the rulemaking record
  and the full text of the rule.
         L.  Upon determination that an emergency exists, the
  Commission may consider and adopt an emergency rule without prior
  notice, opportunity for comment, or hearing, provided that the
  usual rulemaking procedures provided in the Compact and in this
  section shall be retroactively applied to the rule as soon as
  reasonably possible, in no event later than ninety (90) days after
  the effective date of the rule. For the purposes of this provision,
  an emergency rule is one that must be adopted immediately in order
  to:
               1.  Meet an imminent threat to public health, safety,
  or welfare;
               2.  Prevent a loss of Commission or member state funds;
               3.  Meet a deadline for the promulgation of an
  administrative rule that is established by federal
  law or rule; or
               4.  Protect public health and safety.
         M.  The Commission or an authorized committee of the
  Commission may direct revisions to a previously adopted rule or
  amendment for purposes of correcting typographical errors, errors
  in format, errors in consistency, or grammatical errors. Public
  notice of any revisions shall be posted on the website of the
  Commission. The revision shall be subject to challenge by any
  person for a period of thirty (30) days after posting. The revision
  may be challenged only on grounds that the revision results in a
  material change to a rule. A challenge shall be made in writing, and
  delivered to the chair of the Commission prior to the end of the
  notice period. If no challenge is made, the revision will take
  effect without further action. If the revision is challenged, the
  revision may not take effect without the approval of the
  Commission.
         SECTION 10.  OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT
         A.  Oversight
               1.  The executive, legislative, and judicial branches
  of state government in each member state shall
  enforce this Compact and take all actions necessary
  and appropriate to effectuate the Compact's
  purposes and intent. The provisions of this Compact
  and the rules promulgated hereunder shall have
  standing as statutory law.
               2.  All courts shall take judicial notice of the
  Compact and the rules in any judicial or
  administrative proceeding in a member state
  pertaining to the subject matter of this Compact
  which may affect the powers, responsibilities or
  actions of the Commission.
               3.  The Commission shall be entitled to receive service
  of process in any such proceeding, and shall have
  standing to intervene in such a proceeding for all
  purposes. Failure to provide service of process to
  the Commission shall render a judgment or order
  void as to the Commission, this Compact, or
  promulgated rules.
         B.  Default, Technical Assistance, and Termination
               1.  If the Commission determines that a member state
  has defaulted in the performance of its obligations
  or responsibilities under this Compact or the
  promulgated rules, the Commission shall:
                     a.  Provide written notice to the defaulting state
  and other member states of the nature of the
  default, the proposed means of curing the
  default and/or any other action to be taken by
  the Commission; and
                     b.  Provide remedial training and specific
  technical assistance regarding the default.
               2.  If a state in default fails to cure the default, the
  defaulting state may be terminated from the Compact
  upon an affirmative vote of a majority of the
  member states, and all rights, privileges and
  benefits conferred by this Compact may be
  terminated on the effective date of termination. A
  cure of the default does not relieve the offending
  state of obligations or liabilities incurred
  during the period of default.
               3.  Termination of membership in the Compact shall be
  imposed only after all other means of securing
  compliance have been exhausted. Notice of intent to
  suspend or terminate shall be given by the
  Commission to the governor, the majority and
  minority leaders of the defaulting state's
  legislature, and each of the member states.
               4.  A state that has been terminated is responsible for
  all assessments, obligations, and liabilities
  incurred through the effective date of
  termination, including obligations that extend
  beyond the effective date of termination.
               5.  The Commission shall not bear any costs related to a
  state that is found to be in default or that has
  been terminated from the Compact, unless agreed
  upon in writing between the Commission and the
  defaulting state.
               6.  The defaulting state may appeal the action of the
  Commission by petitioning the U.S. District Court
  for the District of Columbia or the federal
  district where the Commission has its principal
  offices. The prevailing member shall be awarded all
  costs of such litigation, including reasonable
  attorney's fees.
         C.  Dispute Resolution
               1.  Upon request by a member state, the Commission
  shall attempt to resolve disputes related to the
  Compact that arise among member states and between
  member and non-member states.
               2.  The Commission shall promulgate a rule providing
  for both mediation and binding dispute resolution
  for disputes as appropriate.
         D.  Enforcement
               1.  The Commission, in the reasonable exercise of its
  discretion, shall enforce the provisions and rules
  of this Compact.
               2.  By majority vote, the Commission may initiate legal
  action in the United States District Court for the
  District of Columbia or the federal district where
  the Commission has its principal offices against a
  member state in default to enforce compliance with
  the provisions of the Compact and its promulgated
  rules and bylaws. The relief sought may include
  both injunctive relief and damages. In the event
  judicial enforcement is necessary, the prevailing
  member shall be awarded all costs of such
  litigation, including reasonable attorney's fees.
               3.  The remedies herein shall not be the exclusive
  remedies of the Commission. The Commission may
  pursue any other remedies available under federal or
  state law.
         SECTION 11.  DATE OF IMPLEMENTATION OF THE INTERSTATE
  COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES,
  WITHDRAWAL, AND AMENDMENT
         A.  The Compact shall come into effect on the date on which
  the Compact statute is enacted into law in the tenth member state.
  The provisions, which become effective at that time, shall be
  limited to the powers granted to the Commission relating to
  assembly and the promulgation of rules. Thereafter, the Commission
  shall meet and exercise rulemaking powers necessary to the
  implementation and administration of the Compact.
         B.  Any state that joins the Compact subsequent to the
  Commission's initial adoption of the rules shall be subject to the
  rules as they exist on the date on which the Compact becomes law in
  that state. Any rule that has been previously adopted by the
  Commission shall have the full force and effect of law on the day
  the Compact becomes law in that state.
         C.  Any member state may withdraw from this Compact by
  enacting a statute repealing the same.
               1.  A member state's withdrawal shall not take effect
  until six (6) months after enactment of the
  repealing statute.
               2.  Withdrawal shall not affect the continuing
  requirement of the withdrawing state's physical
  therapy licensing board to comply with the
  investigative and adverse action reporting
  requirements of this act prior to the effective
  date of withdrawal.
         D.  Nothing contained in this Compact shall be construed to
  invalidate or prevent any physical therapy licensure agreement or
  other cooperative arrangement between a member state and a
  non-member state that does not conflict with the provisions of this
  Compact.
         E.  This Compact may be amended by the member states. No
  amendment to this Compact shall become effective and binding upon
  any member state until it is enacted into the laws of all member
  states.
         SECTION 12.  CONSTRUCTION AND SEVERABILITY
         This Compact shall be liberally construed so as to effectuate
  the purposes thereof. The provisions of this Compact shall be
  severable and if any phrase, clause, sentence or provision of this
  Compact is declared to be contrary to the constitution of any party
  state or of the United States or the applicability thereof to any
  government, agency, person or circumstance is held invalid, the
  validity of the remainder of this Compact and the applicability
  thereof to any government, agency, person or circumstance shall not
  be affected thereby. If this Compact shall be held contrary to the
  constitution of any party state, the Compact shall remain in full
  force and effect as to the remaining party states and in full force
  and effect as to the party state affected as to all severable
  matters.
         Sec. 453.502.  ADMINISTRATION OF COMPACT. The board is the
  Physical Therapy Licensure Compact administrator for this state.
         Sec. 453.503.  RULES.  The board may adopt rules necessary to
  implement this subchapter.
         Sec. 453.504.  PHYSICAL THERAPY LICENSURE COMPACT;
  DISCLOSURE OF PERSONAL INFORMATION. (a) In reporting information
  to the coordinated database and reporting system under Section 8 of
  the Physical Therapy Licensure Compact, the board may disclose
  personally identifiable information about a physical therapist or a
  physical therapist assistant, including the person's social
  security number.
         (b)  The coordinated database and reporting system may not
  share personally identifiable information with a state that is not
  a party to the compact unless the state agrees to not disclose that
  information to any other person.
  ARTICLE 4. TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS
         SECTION 4.01.  Section 454.003, Occupations Code, is amended
  to read as follows:
         Sec. 454.003.  APPLICATION OF SUNSET ACT.  The Texas Board of
  Occupational Therapy Examiners is subject to Chapter 325,
  Government Code (Texas Sunset Act).  Unless continued in existence
  as provided by that chapter, the board is abolished and this chapter
  expires September 1, 2029 [2017].
         SECTION 4.02.  Section 454.005(b), Occupations Code, is
  amended to read as follows:
         (b)  The licensing provisions of this chapter do not apply
  to:
               (1)  an occupational therapy aide assisting a license
  holder under this chapter;
               (2)  a person engaged in a course of study leading to a
  degree or certificate in occupational therapy at an accredited or
  approved educational program if:
                     (A)  the activities and services constitute a part
  of a supervised course of study; and
                     (B)  the person is designated by a title that
  clearly indicates the person's status as a student or trainee;
               (3)  a person fulfilling the supervised field work
  experience requirements of Section 454.203, if those activities and
  services constitute a part of the experience necessary to meet the
  requirement of that section;
               (4)  an occupational therapist performing a special
  project in patient care while working toward an advanced degree
  from an accredited college or university;
               (5)  an occupational therapist or occupational therapy
  assistant who does not live in this state and who:
                     (A)  is licensed by another state or who meets the
  requirements for certification established by the National Board
  for Certification in Occupational Therapy [American Occupational
  Therapy Association] as an occupational therapist registered (OTR)
  or a certified occupational therapy assistant (COTA); and
                     (B)  comes into this state for not more than four
  consecutive months to:
                           (i)  provide or attend an educational
  activity;
                           (ii)  assist in a case of medical emergency;
  or
                           (iii)  engage in a special occupational
  therapy project; or
               (6)  a qualified and properly trained person acting
  under a physician's supervision under Section 157.001.
         SECTION 4.03.  Section 454.053, Occupations Code, is amended
  to read as follows:
         Sec. 454.053.  MEMBERSHIP RESTRICTIONS.  (a)  In this
  section, "Texas trade association" means a [nonprofit,]
  cooperative[,] and voluntarily joined statewide association of
  business or professional competitors in this state designed to
  assist its members and its industry or profession in dealing with
  mutual business or professional problems and in promoting their
  common interest.
         (b)  A person [An officer, employee, or paid consultant of a
  Texas trade association in the field of health care] may not be a
  member of the board 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[.
         [(c)  A person who is the] spouse is [of] an officer,
  manager, or paid consultant of a Texas trade association in the
  field of health care [may not be a member of the board].
         (c) [(d)]  A person may not be [serve as] a member of 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 executive council or the board.
         SECTION 4.04.  Sections 454.055(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  It is a ground for removal from the board that a member:
               (1)  does not have at the time of taking office
  [appointment] the qualifications required by Section 454.051(a);
               (2)  does not maintain during service on the board the
  qualifications required by Section 454.051(a);
               (3)  is ineligible for membership under [violates a
  prohibition established by] Section 454.052 or 454.053;
               (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 board meetings that the member is eligible to attend
  during a calendar year without an excuse approved [unless the
  absence is excused] by a majority vote of the board.
         (c)  If the coordinator of occupational therapy programs has
  knowledge that a potential ground for removal exists, the
  coordinator shall notify the presiding officer of the board of the
  potential ground. The presiding officer shall then notify the
  governor and the attorney general that a potential ground for
  removal exists. If the potential ground for removal involves the
  presiding officer, the coordinator 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 4.05.  Section 454.057, Occupations Code, is amended
  to read as follows:
         Sec. 454.057.  OFFICERS. (a)  The governor shall designate a
  member of the board as the presiding officer of the board to serve
  in that capacity at the pleasure of the governor.
         (b)  After the appointment of members every two years, the
  members of the board shall elect from among its members [a presiding
  officer,] a secretary[,] and other officers required to conduct the
  business of the board.
         SECTION 4.06.  Section 454.059, Occupations Code, is amended
  to read as follows:
         Sec. 454.059.  TRAINING.  (a)  A person who is appointed to
  and qualifies for office as [Before] a member of the board may not
  vote, deliberate, or be counted as a member in attendance at a
  meeting of the board until the person completes [assume the
  member's duties, the member must complete at least] a [course of
  the] training program that complies with [established by the board
  under] this section.
         (b)  The training program must [shall] provide the person
  with information [to a participant] regarding:
               (1)  the law governing board and executive council
  operations [this chapter];
               (2)  the programs, functions, rules, and budget of
  [operated by] the board and executive council;
               (3)  the scope of and limitations on the rulemaking
  authority [role and functions] of the board and executive council;
               (4)  [the rules of the board, with an emphasis on the
  rules that relate to disciplinary and investigatory authority;
               [(5)  the current budget for the board;
               [(6)]  the results of the most recent formal audit of
  the board and executive council;
               (5) [(7)]  the requirements of:
                     (A)  laws relating to open meetings, public
  information, administrative procedure, and disclosing conflicts of
  interest; and
                     (B)  other laws applicable to members of the board
  in performing their duties [Chapters 551, 552, 2001, and 2002,
  Government Code;
               [(8)     the requirements of the conflict of interest laws
  and other laws relating to public officials]; and
               (6) [(9)]  any applicable ethics policies adopted by
  the board or the Texas Ethics Commission.
         (c)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the person's attendance at the program occurs
  before or after the person qualifies for office [In developing the
  training requirements provided for by this section, the board shall
  consult with the governor's office, the attorney general's office,
  and the Texas Ethics Commission].
         (d)  The director of the executive council shall create a
  training manual that includes the information required by
  Subsection (b). The director shall distribute a copy of the
  training manual annually to each board member. On receipt of the
  training manual, each board member shall sign and submit to the
  director a statement acknowledging receipt of the training manual
  [If another state agency or entity is given the authority to
  establish the training requirements, the board shall allow that
  training instead of developing its own program].
         SECTION 4.07.  Section 454.105(b), Occupations Code, is
  amended to read as follows:
         (b)  The board shall develop and implement policies that
  clearly separate [define] the policymaking [respective]
  responsibilities of the board and the management responsibilities
  of the director and [the] staff of the executive council.
         SECTION 4.08.  Subchapter C, Chapter 454, Occupations Code,
  is amended by adding Sections 454.1061 and 454.108 to read as
  follows:
         Sec. 454.1061.  PLACE OF EMPLOYMENT. The board may require
  that a license holder provide current information in a readily
  accessible and usable format regarding the license holder's current
  place of employment as an occupational therapist or occupational
  therapy assistant.  
         Sec. 454.108.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a) The board shall develop a policy to encourage the
  use of:
               (1)  negotiated rulemaking under Chapter 2008,
  Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 4.09.  Section 454.153(e), Occupations Code, is
  amended to read as follows:
         (e)  The staff of the executive council [coordinator of
  occupational therapy programs] shall notify the board of a
  complaint that extends beyond the time prescribed by the board for
  resolving the complaint so that the board may take necessary action
  on the complaint.
         SECTION 4.10.  The heading to Subchapter E, Chapter 454,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E.  LICENSE REQUIREMENTS[; REGISTRATION OF FACILITIES]
         SECTION 4.11.  Section 454.203(a), Occupations Code, is
  amended to read as follows:
         (a)  An applicant for an occupational therapist license or an
  occupational therapy assistant license must present evidence
  satisfactory to the board that the applicant has:
               (1)  successfully completed the academic and
  supervised field work experience requirements of an educational
  program in occupational therapy recognized by the board, as
  provided by Section 454.204; and
               (2)  [successfully completed a period of supervised
  field work experience arranged by the recognized educational
  institution at which the applicant met the academic requirements;
  and
               [(3)]  passed an examination as provided by Section
  454.207.
         SECTION 4.12.  Section 454.207, Occupations Code, is amended
  to read as follows:
         Sec. 454.207.  LICENSE EXAMINATION. (a) The board by rule
  shall recognize a national testing entity to administer the
  examinations required to obtain an occupational therapist or
  occupational therapy assistant license.
         (b)  The [examine each applicant for a license by written]
  examination must [to] test the applicant's knowledge of the basic
  and clinical sciences relating to occupational therapy,
  occupational therapy techniques and methods, and other subjects the
  board may require to determine the applicant's fitness to practice.
         [(b)     The board shall examine applicants for licenses at
  least twice each year at the board's regular meetings and under the
  supervision required by the board.]
         (c)  The national testing entity recognized by the board
  shall be responsible for overseeing the examination process,
  including responsibility for:
               (1)  specifying application requirements for the
  examination;
               (2)  specifying reexamination requirements for the
  examination;
               (3)  verifying that an applicant meets the educational
  and supervised field experience requirements established by the
  board; and
               (4)  notifying an applicant and the board of the
  applicant's examination results [board shall:
               [(1)  approve an examination for:
                     [(A)  occupational therapists; and
                     [(B)  occupational therapy assistants;
               [(2)     establish standards for acceptable performance;
  and
               [(3)     have the written portion of the examination
  validated by an independent testing entity].
         (d)  The rules adopted under this section may require that an
  applicant authorize the national testing entity to directly provide
  to the board the applicant's examination results [board shall give
  reasonable public notice of the examination in accordance with its
  rules].
         (e)  The board may require an applicant for an occupational
  therapist or occupational therapy assistant license to pass a
  jurisprudence examination.
         SECTION 4.13.  Subchapter E, Chapter 454, Occupations Code,
  is amended by adding Sections 454.216 and 454.217 to read as
  follows:
         Sec. 454.216.  LICENSE BY ENDORSEMENT. (a) The board shall
  issue an occupational therapist license or an occupational therapy
  assistant license, as applicable, to an applicant who holds a
  current, unrestricted license in another jurisdiction that
  maintains licensing requirements that are substantially equivalent
  to the requirements under this chapter. An applicant for a license
  under this section must:
               (1)  present proof to the board that the applicant is
  licensed in good standing as an occupational therapist or
  occupational therapy assistant in that jurisdiction;
               (2)  provide to the board information regarding the
  status of any other professional license that the applicant holds
  or has held in this state or another jurisdiction;
               (3)  present proof to the board that the applicant has
  passed a jurisprudence examination required by the board;
               (4)  meet the qualifications required by Section
  454.203 or 454.205, as applicable;
               (5)  not have committed an act that is grounds for
  denial of a license under Section 454.301;
               (6)  submit to the board a current photograph that
  meets the requirements for a United States passport; and
               (7)  meet any additional requirements provided by board
  rule.
         (b)  The board shall adopt rules for issuing a provisional
  license under Section 454.210 to an applicant for a license by
  endorsement who encounters a delay that is outside the applicant's
  control in submitting to the board the documentation required by
  this section.  
         Sec. 454.217.  CRIMINAL HISTORY RECORD INFORMATION FOR
  LICENSE ISSUANCE. (a)  The board shall require that an applicant
  for a license submit a complete and legible set of fingerprints, on
  a form prescribed by the board, to the board 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 board may not issue a license to a person who does
  not comply with the requirement of Subsection (a).
         (c)  The board 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 board by the Department of
  Public Safety, the Federal Bureau of Investigation, and any other
  criminal justice agency under Chapter 411, Government Code.
         (d)  The board 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 4.14.  Section 454.252(b), Occupations Code, is
  amended to read as follows:
         (b)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the executive council the
  renewal fee and a late fee set by the executive council that may not
  exceed one-half of the renewal [examination] fee for the license.  
  If a person's license has been expired for more than 90 days but
  less than one year, the person may renew the license by paying to
  the executive council all unpaid renewal fees and a late fee set by
  the executive council that may not exceed the amount of the renewal
  fee [charged for examination for the license].
         SECTION 4.15.  Section 454.253(b), Occupations Code, is
  amended to read as follows:
         (b)  The person must pay to the executive council a renewal
  fee set by the executive council under this section in an amount
  that may not exceed the renewal [examination] fee for the license.
         SECTION 4.16.  Section 454.254, Occupations Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The board by rule shall establish a process for
  selecting a license holder peer organization in this state to
  evaluate and approve continuing education courses under Subsection
  (d). The selection process must include a request for proposal and
  bidding process. If the board authorizes a peer organization to
  evaluate and approve continuing education courses under Subsection
  (d), the board shall request bids and proposals from that
  organization and other organizations at least once every four
  years.  
         SECTION 4.17.  Subchapter F, Chapter 454, Occupations Code,
  is amended by adding Section 454.255 to read as follows:
         Sec. 454.255.  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 454.217.
         (b)  The board 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 454.217 for the initial issuance of the
  license; or
               (2)  this section as part of a prior license renewal.
         SECTION 4.18.  Subchapter G, Chapter 454, Occupations Code,
  is amended by adding Sections 454.3025 and 454.307 to read as
  follows:
         Sec. 454.3025.  SCHEDULE OF SANCTIONS.  (a)  The board by
  rule shall adopt a schedule of administrative penalties and other
  sanctions that the board may impose under this chapter.  In adopting
  the schedule of sanctions, the board shall ensure that the amount of
  the penalty or severity of the sanction imposed is appropriate to
  the type of violation or conduct that is the basis for disciplinary
  action.  In determining the appropriate disciplinary action,
  including the amount of any administrative penalty to assess, the
  board shall consider:
               (1)  the seriousness of the violation, including:
                     (A)  the nature, circumstances, extent, and
  gravity of the violation; and
                     (B)  the hazard or potential hazard created to the
  health, safety, or economic welfare of the public;
               (2)  the history of previous violations;
               (3)  the amount necessary to deter future violations;
               (4)  efforts to correct the violation;
               (5)  the economic harm to the public interest or public
  confidence caused by the violation;
               (6)  whether the violation was intentional; and
               (7)  any other matter that justice requires.
         (b)  The board shall make the schedule of sanctions adopted
  under Subsection (a) available to the public on request.  
         Sec. 454.307.  RECORD OF DISCIPLINARY ACTION; EXPUNGEMENT.
  (a)  The board by rule shall establish a process to expunge any
  record of disciplinary action taken against a license holder before
  September 1, 2017, for practicing in a facility that failed to meet
  the registration requirements of Section 454.215, as that section
  existed on January 1, 2017.  The rules must provide that the board
  may not expunge a record under this section after September 1, 2019.
         (b)  This section expires September 1, 2019.  
         SECTION 4.19.  Sections 454.3521(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The board may impose an administrative penalty against a
  person licensed [or facility registered] under this chapter who
  violates this chapter or a rule or order adopted under this chapter.
         (b)  The penalty may not exceed $200, and each day a
  violation continues or occurs is a separate violation for the
  purpose of imposing a penalty. The amount of the penalty shall be
  determined according to the sanctions schedule under Section
  454.3025 [based on:
               [(1)     the seriousness of the violation, including the
  nature, circumstances, extent, and gravity of any prohibited acts,
  and the hazard or potential hazard created to the health, safety, or
  economic welfare of the public;
               [(2)  the history of previous violations;
               [(3)  the amount necessary to deter a future violation;
               [(4)  efforts to correct the violation; and
               [(5)  any other matter that justice requires].
         SECTION 4.20.  The following provisions of the Occupations
  Code are repealed:
               (1)  Section 454.203(b);
               (2)  Section 454.205(b);
               (3)  Section 454.206;
               (4)  Section 454.208;
               (5)  Section 454.209; and
               (6)  Section 454.215.
         SECTION 4.21.  (a) Except as provided by Subsection (b) of
  this section, Section 454.059, Occupations Code, as amended by this
  article, applies to a member of the Texas Board of Occupational
  Therapy Examiners appointed before, on, or after the effective date
  of this article.
         (b)  A member of the Texas Board of Occupational Therapy
  Examiners who, before the effective date of this article, completed
  the training program required by Section 454.059, Occupations Code,
  as that law existed before the effective date of this article, is
  required to complete additional training only on subjects added to
  the training program required by Section 454.059, Occupations Code,
  as amended by this article. A board member described by this
  subsection may not vote, deliberate, or be counted as a member in
  attendance at a meeting of the Texas Board of Occupational Therapy
  Examiners held on or after December 1, 2017, until the member
  completes the additional training.
         SECTION 4.22.  As soon as practicable after the effective
  date of this article, the director of the Executive Council of
  Physical Therapy and Occupational Therapy Examiners shall create
  the training manual required by Section 454.059(d), Occupations
  Code, as amended by this article.
         SECTION 4.23.  As soon as practicable after the effective
  date of this article, the Texas Board of Occupational Therapy
  Examiners shall:
               (1)  develop and implement the policies required by:
                     (A)  Section 454.105(b), Occupations Code, as
  amended by this article; and
                     (B)  Section 454.108, Occupations Code, as added
  by this article; and
               (2)  adopt any rules necessary to implement Chapter
  454, Occupations Code, as amended by this article.
         SECTION 4.24.  Not later than September 1, 2018, the Texas
  Board of Occupational Therapy Examiners shall establish the request
  for proposal and bidding process required by Section 454.254(e),
  Occupations Code, as added by this article.
         SECTION 4.25.  Sections 454.203, 454.205, 454.252, and
  454.253, Occupations Code, as amended by this article, and Sections
  454.217 and 454.255, Occupations Code, as added by this article,
  apply only to an application for the issuance or renewal of an
  occupational therapist or occupational therapy assistant license
  submitted to the Texas Board of Occupational Therapy Examiners on
  or after the effective date of this article. An application
  submitted before that date is governed by the law in effect on the
  date the application was submitted, and the former law is continued
  in effect for that purpose.
         SECTION 4.26.  A person who holds an occupational therapist
  or occupational therapy assistant license issued before the
  effective date of this article may continue to renew that license
  without complying with the changes in law made by this article to
  Section 454.203, Occupations Code.
         SECTION 4.27.  (a) The Texas Board of Occupational Therapy
  Examiners shall dismiss the portion of any complaint, penalty,
  disciplinary action, or contested case pending on the effective
  date of this article that is based on a violation of rules adopted
  under Section 454.215, Occupations Code, as repealed by this
  article.
         (b)  Section 454.307, Occupations Code, as added by this
  article, applies only to records of disciplinary action for conduct
  that occurred before the effective date of this article.
         SECTION 4.28.  Section 454.3025, Occupations Code, as added
  by this article, and Section 454.3521(b), Occupations Code, as
  amended by this article, apply only to conduct that occurs on or
  after the date that rules adopted under Section 454.3025 take
  effect.  Conduct that occurs before that date is governed by the law
  in effect before the effective date of this article, and the former
  law is continued in effect for that purpose.
  ARTICLE 5. EFFECTIVE DATE
         SECTION 5.01.  This Act takes effect September 1, 2017.
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