Bill Text: TX HB4007 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the licensing and regulation of health-related occupations transferred to the Texas Department of Licensing and Regulation.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB4007 Detail]
Download: Texas-2017-HB4007-Enrolled.html
H.B. No. 4007 |
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relating to the licensing and regulation of health-related | ||
occupations transferred to the Texas Department of Licensing and | ||
Regulation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. MIDWIFERY | ||
SECTION 1.001. Section 203.157(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The department shall post a list of licensed midwives on | ||
the department's Internet website [ |
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SECTION 1.002. Section 203.353, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 203.353. PREVENTION OF OPHTHALMIA NEONATORUM. (a) | ||
Subject to Subsection (b), unless [ |
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immediately transferred to a hospital because of an emergency, a | ||
midwife who attends the birth of the child shall comply with Section | ||
81.091, Health and Safety Code. | ||
(b) A midwife in attendance at childbirth who is unable to | ||
apply prophylaxis as required by Section 81.091, Health and Safety | ||
Code, due to the objection of the parent, managing conservator, or | ||
guardian of the newborn child does not commit an offense under that | ||
section and is not subject to any criminal, civil, or | ||
administrative liability or any professional disciplinary action | ||
for failure to administer the prophylaxis. The midwife in | ||
attendance at childbirth shall ensure that the objection of the | ||
parent, managing conservator, or guardian is entered into the | ||
medical record of the child. | ||
SECTION 1.003. The heading to Subchapter K, Chapter 203, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER K. [ |
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SECTION 1.004. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 203.501; and | ||
(2) Section 203.504. | ||
ARTICLE 2. SPEECH-LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS | ||
SECTION 2.001. Section 401.102(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) Advisory board members must: | ||
(1) [ |
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state; and | ||
(2) [ |
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SECTION 2.002. Section 401.305(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The department shall administer or provide for the | ||
administration of an examination at least twice each year. | ||
SECTION 2.003. Section 401.402(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A person licensed as a speech-language pathologist | ||
under this chapter may not fit or[ |
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instruments unless the person meets the specific requirements for | ||
fitting and dispensing hearing instruments under this chapter or | ||
Chapter 402. | ||
SECTION 2.004. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 401.253; | ||
(2) Section 401.307; | ||
(3) Section 401.310; | ||
(4) Section 401.453; | ||
(5) Section 401.503; and | ||
(6) Subchapter L, Chapter 401. | ||
SECTION 2.005. (a) A temporary certificate of registration | ||
issued under former Section 401.310, Occupations Code, that is in | ||
effect on the effective date of this Act continues to be valid until | ||
the certificate expires and former Section 401.310, Occupations | ||
Code, is continued in effect for that purpose. Chapter 401, | ||
Occupations Code, as amended by this Act, continues to apply to a | ||
holder of an unexpired temporary certificate of registration. | ||
(b) On or after the effective date of this Act, the Texas | ||
Department of Licensing and Regulation may not renew or extend a | ||
temporary certificate of registration. | ||
(c) A proceeding under Chapter 401, Occupations Code, that | ||
is pending against a holder of a temporary certificate of | ||
registration on the date the certificate expires is terminated on | ||
that date. | ||
ARTICLE 3. HEARING INSTRUMENT FITTERS AND DISPENSERS | ||
SECTION 3.001. Section 402.003, Occupations Code, is | ||
amended by amending Subsections (a) and (b) and adding Subsection | ||
(a-1) to read as follows: | ||
(a) Except as provided by Subsections (a-1) and (b) and | ||
Section 402.451(a), this chapter applies only to a person who | ||
engages or offers to engage in fitting and dispensing hearing | ||
instruments. | ||
(a-1) This chapter does not apply to: | ||
(1) a person engaged in the practice of measuring | ||
human hearing as a part of the academic curriculum of an accredited | ||
institution of higher learning if the person or the person's | ||
employees do not sell hearing instruments; | ||
(2) a physician licensed by the Texas Medical Board; | ||
(3) a person with a master's degree or doctorate in | ||
audiology from an accredited college or university who does not | ||
sell hearing instruments, to the extent the person engages in the | ||
measurement of human hearing by the use of an audiometer or by any | ||
other means to make selections and adaptations of or | ||
recommendations for a hearing instrument and to make impressions | ||
for earmolds to be used as part of a hearing instrument; | ||
(4) an audiologist or an audiology intern licensed | ||
under Chapter 401, except as may otherwise be provided by the | ||
following provisions, which refer to Chapter 401: | ||
(A) Section 402.051(a)(1); | ||
(B) Section 402.202(b); | ||
(C) Section 402.252; and | ||
(D) Section 402.255(a); | ||
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(5) a student of audiology in an accredited college or | ||
university program, if the student's activities and services are | ||
part of the student's supervised course of study or practicum | ||
experience. | ||
(b) A student described by Subsection (a-1)(5) [ |
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subject to Chapter 401. | ||
SECTION 3.002. Section 402.051(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The advisory board consists of nine members appointed by | ||
the presiding officer of the commission with the approval of the | ||
commission as follows: | ||
(1) six members licensed under this chapter who have | ||
been [ |
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dispensing hearing instruments for at least five years preceding | ||
appointment, not more than one of whom may be licensed under Chapter | ||
401; | ||
(2) one member who is actively practicing as a | ||
physician licensed by the Texas Medical Board and who: | ||
(A) [ |
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(B) [ |
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otolaryngology; and | ||
(3) two members of the public. | ||
SECTION 3.003. Section 402.209(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) An applicant for a license under this section shall | ||
provide as part of the application: | ||
(1) written verification that the applicant is | ||
licensed in good standing as a fitter and dispenser of hearing | ||
instruments in another state [ |
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(2) written verification that: | ||
(A) the requirements to obtain a license to fit | ||
and dispense hearing instruments in the state in which the | ||
applicant is licensed include passing an examination approved by | ||
the commission by rule; or | ||
(B) the applicant holds a certification from a | ||
professional organization approved by the commission by rule; | ||
(3) a written statement from the licensing entity in | ||
the state in which the applicant is licensed that details any | ||
disciplinary action taken by the entity against the applicant; and | ||
(4) a statement of the applicant's criminal history | ||
acceptable to the department. | ||
SECTION 3.004. Section 402.251, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 402.251. TEMPORARY TRAINING PERMIT QUALIFICATIONS. | ||
(a) The department shall issue a temporary training permit to a | ||
person who: | ||
(1) [ |
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Section 402.203(a); | ||
(2) [ |
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prescribed by the department furnishing documentation that the | ||
applicant satisfies the requirements of Subdivision [ |
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(1) [ |
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(3) [ |
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(b) The commission by rule may provide for the issuance of | ||
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person's [ |
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SECTION 3.005. Section 402.255(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) The supervisor shall maintain a log of the contact hours | ||
by practicum category on a form prescribed by the department. After | ||
the temporary training permit holder has completed 150 contact | ||
hours, the supervisor and the permit holder shall submit | ||
verification of compliance [ |
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SECTION 3.006. Section 402.304, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 402.304. ALTERNATIVE [ |
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EDUCATION REQUIREMENT. [ |
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education credit hours for a published book or article written by | ||
the license holder that contributes to the license holder's | ||
professional competence. The department may grant credit hours | ||
based on the degree to which the published book or article advances | ||
knowledge regarding the fitting and dispensing of hearing | ||
instruments. A license holder may claim in a reporting period not | ||
more than five credit hours for preparation of a publication. | ||
SECTION 3.007. Section 402.305, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 402.305. CONTINUING EDUCATION EXEMPTIONS. The | ||
department may renew the license of a license holder who does not | ||
comply with the continuing education requirements of Section | ||
402.303 or 402.304 if the license holder: | ||
(1) was licensed for the first time during the 24 | ||
months before the reporting date; or | ||
(2) [ |
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the license holder suffered a serious or disabling illness or | ||
physical disability that prevented compliance with the continuing | ||
education requirements during the 24 months before the reporting | ||
date. | ||
SECTION 3.008. Section 402.451(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person may not: | ||
(1) buy, sell, or fraudulently obtain a license or aid | ||
another person to do so; | ||
(2) alter a license with the intent to defraud; | ||
(3) wilfully make a false statement in an application | ||
to the department for a license, a temporary training permit, or the | ||
renewal of a license; | ||
(4) falsely impersonate a license holder; or | ||
(5) engage in the fitting and dispensing of hearing | ||
instruments when the person's license is suspended or revoked [ |
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SECTION 3.009. The heading to Subchapter L, Chapter 402, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER L. [ |
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SECTION 3.010. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 402.209(h); | ||
(2) Section 402.406; | ||
(3) Section 402.551; and | ||
(4) Section 402.553. | ||
SECTION 3.011. Section 402.209, Occupations Code, as | ||
amended by this Act, applies only to an application submitted on or | ||
after the effective date of this Act. An application submitted | ||
before the effective date of this Act 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. | ||
ARTICLE 4. DYSLEXIA PRACTITIONERS AND DYSLEXIA THERAPISTS | ||
SECTION 4.001. Section 403.106(c), Occupations Code, is | ||
amended to read as follows: | ||
(c) The department[ |
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requirements of this section. | ||
SECTION 4.002. Section 403.107(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The department shall[ |
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(1) identify and designate a competency examination | ||
that is related to multisensory structured language education and | ||
that will be administered at least twice each year by a professional | ||
organization that issues national certifications; and | ||
(2) maintain a record of all examinations for at least | ||
two years after the date of examination. | ||
SECTION 4.003. Section 403.108, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 403.108. WAIVER OF EXAMINATION REQUIREMENT. The | ||
department[ |
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waive the examination requirement and issue a license to an | ||
applicant who holds an appropriate certificate or other | ||
accreditation from a nationally accredited multisensory structured | ||
language education organization recognized by the department. | ||
SECTION 4.004. Section 403.152(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) The commission[ |
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in consultation with the advisory committee [ |
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SECTION 4.005. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 403.204; | ||
(2) Section 403.207; | ||
(3) Section 403.212; and | ||
(4) Subchapter F, Chapter 403. | ||
ARTICLE 5. ATHLETIC TRAINERS | ||
SECTION 5.001. Section 451.156, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An | ||
applicant for an athletic trainer license is entitled to receive | ||
the license if the applicant: | ||
(1) satisfies the requirements of Section 451.153 or | ||
451.154; | ||
(2) passes the examination required by the department; | ||
and | ||
(3) pays the required license fee[ |
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SECTION 5.002. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 451.051(c); | ||
(2) Section 451.101(a-2); and | ||
(3) Subchapters F, G, and H, Chapter 451. | ||
ARTICLE 6. MASSAGE THERAPY | ||
SECTION 6.001. Section 455.001, Occupations Code, is | ||
amended by adding Subdivisions (12) and (13) to read as follows: | ||
(12) "Advisory board" means the Massage Therapy | ||
Advisory Board. | ||
(13) "Peace officer" means a person who is a peace | ||
officer under Article 2.12, Code of Criminal Procedure. | ||
SECTION 6.002. Subchapter B, Chapter 455, Occupations Code, | ||
is amended by adding Section 455.0511 to read as follows: | ||
Sec. 455.0511. GENERAL POWERS AND DUTIES. (a) The | ||
executive director shall administer and enforce this chapter. | ||
(b) The department shall: | ||
(1) investigate a person who may be engaging in or | ||
offering to engage in a practice that violates this chapter; | ||
(2) regulate the number of school hours and the | ||
content of the coursework provided by a massage school or a massage | ||
therapy instructor; and | ||
(3) prepare, recognize, administer, or arrange for the | ||
administration of an examination under this chapter. | ||
SECTION 6.003. Subchapter B, Chapter 455, Occupations Code, | ||
is amended by adding Section 455.0571 to read as follows: | ||
Sec. 455.0571. CONTINUING EDUCATION. (a) The commission | ||
by rule shall establish the minimum number of hours of continuing | ||
education required for a person licensed under this chapter to | ||
renew the person's license. | ||
(b) The commission by rule shall provide for the | ||
recognition, preparation, or administration of continuing | ||
education programs for persons licensed under this chapter. | ||
(c) The department may develop and establish processes to: | ||
(1) evaluate and approve continuing education | ||
providers and programs; and | ||
(2) assess a license holder's participation in | ||
continuing education programs. | ||
SECTION 6.004. Subchapter B, Chapter 455, Occupations Code, | ||
is amended by adding Section 455.059 to read as follows: | ||
Sec. 455.059. INSPECTIONS; INVESTIGATIONS. The | ||
department, the department's authorized representative, or a peace | ||
officer may enter the premises of a massage establishment or | ||
massage school at: | ||
(1) reasonable times to conduct an inspection | ||
incidental to the issuance of a license; and | ||
(2) other times that the department, the department's | ||
authorized representative, or a peace officer considers necessary | ||
to ensure compliance with this chapter and the rules adopted under | ||
this chapter. | ||
SECTION 6.005. Subchapter C, Chapter 455, Occupations Code, | ||
as effective September 1, 2017, is amended to read as follows: | ||
SUBCHAPTER C. MASSAGE THERAPY ADVISORY BOARD [ |
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Sec. 455.101. ADVISORY BOARD MEMBERSHIP. (a) The advisory | ||
board consists of nine members appointed by the presiding officer | ||
of the commission with the approval of the commission as follows: | ||
(1) two members who are licensed massage therapists; | ||
(2) two members who represent licensed massage | ||
schools; | ||
(3) two members who represent licensed massage | ||
establishments; | ||
(4) one member who is a peace officer with expertise in | ||
the enforcement of Chapter 20A, Penal Code, and Subchapter A, | ||
Chapter 43, Penal Code; and | ||
(5) two members of the public. | ||
(b) Appointments to the advisory board shall be made without | ||
regard to the race, color, disability, sex, religion, age, or | ||
national origin of the appointee [ |
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Sec. 455.102. DUTIES OF ADVISORY BOARD. The advisory board | ||
shall provide advice and recommendations to the department on | ||
technical matters relevant to the administration of this chapter. | ||
Sec. 455.103. TERMS; VACANCIES. (a) Members of the | ||
advisory board are appointed for staggered six-year terms. The | ||
terms of three members expire September 1 of each odd-numbered | ||
year. | ||
(b) If a vacancy occurs on the advisory board during a | ||
member's term, the presiding officer of the commission, with the | ||
commission's approval, shall appoint a replacement who meets the | ||
qualifications for the vacant position to serve for the remainder | ||
of the term [ |
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Sec. 455.104. PRESIDING OFFICER. (a) The presiding | ||
officer of the commission shall designate a member of the advisory | ||
board to serve as the presiding officer of the advisory board for a | ||
term of one year. | ||
(b) The presiding officer of the advisory board may vote on | ||
any matter before the advisory board [ |
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Sec. 455.105. MEETINGS. The advisory board shall meet at | ||
the call of the executive director or the presiding officer of the | ||
commission [ |
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SECTION 6.006. Section 455.152(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person is not eligible for a license as a massage | ||
establishment, massage school, massage therapist, or massage | ||
therapy instructor if the person is an individual and has been | ||
convicted of, entered a plea of nolo contendere or guilty to, or | ||
received deferred adjudication for an offense under Chapter 20A, | ||
Penal Code, or Subchapter A, Chapter 43, Penal Code, [ |
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SECTION 6.007. Section 455.1525, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 455.1525. CRIMINAL BACKGROUND CHECKS. [ |
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receipt of an application for a license under this chapter, the | ||
department shall conduct a criminal background check on the | ||
applicant. | ||
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SECTION 6.008. Section 455.153, Occupations Code, as | ||
effective September 1, 2017, is amended to read as follows: | ||
Sec. 455.153. APPLICATION FOR LICENSE. An applicant for a | ||
license under this chapter must: | ||
(1) submit an application in the manner and on a form | ||
prescribed by the executive director; [ |
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(2) pass any required examination; and | ||
(3) include with the application the application fee | ||
set by the commission by rule. | ||
SECTION 6.009. Section 455.156(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) An applicant for a license under this section must be an | ||
individual and: | ||
(1) present evidence satisfactory to the department | ||
that the person has satisfactorily completed massage therapy | ||
studies in a 500-hour minimum, supervised course of instruction | ||
provided by a massage therapy instructor at a massage school, a | ||
licensed massage school, a state-approved educational institution, | ||
or any combination of instructors or schools, in which at least: | ||
(A) 200 hours are taught by a licensed massage | ||
therapy instructor and dedicated to the study of massage therapy | ||
techniques and theory and the practice of manipulation of soft | ||
tissue, with at least 125 hours dedicated to the study of Swedish | ||
massage therapy techniques; | ||
(B) 50 hours are dedicated to the study of | ||
anatomy; | ||
(C) 25 hours are dedicated to the study of | ||
physiology; | ||
(D) 50 hours are dedicated to the study of | ||
kinesiology; | ||
(E) 40 hours are dedicated to the study of | ||
pathology; | ||
(F) 20 hours are dedicated to the study of | ||
hydrotherapy; | ||
(G) 45 hours are dedicated to the study of | ||
massage therapy laws and rules, business practices, and | ||
professional ethics standards; | ||
(H) 20 hours are dedicated to the study of | ||
health, hygiene, first aid, universal precautions, and | ||
cardiopulmonary resuscitation (CPR); and | ||
(I) 50 hours are spent in an internship program; | ||
(2) pass the required examinations [ |
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(3) be at least 18 years of age. | ||
SECTION 6.010. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 455.1572; and | ||
(2) Subchapter G, Chapter 455. | ||
SECTION 6.011. As soon as practicable after the effective | ||
date of this Act, the presiding officer of the Texas Commission of | ||
Licensing and Regulation shall appoint the members of the Massage | ||
Therapy Advisory Board created by Subchapter C, Chapter 455, | ||
Occupations Code, as amended by this Act. | ||
SECTION 6.012. Section 455.152(a), Occupations Code, as | ||
amended by this Act, applies only to a person who files an initial | ||
application for or an application for renewal of a license as a | ||
massage establishment, massage school, massage therapist, or | ||
massage therapy instructor on or after the effective date of this | ||
Act. | ||
ARTICLE 7. ORTHOTISTS AND PROSTHETISTS | ||
SECTION 7.001. Section 605.056, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 605.056. PRESIDING OFFICER. The presiding officer of | ||
the commission, with the commission's approval, shall designate a | ||
member [ |
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advisory board [ |
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officer of the advisory board may vote on any matter before the | ||
advisory board. | ||
SECTION 7.002. Section 605.252(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) To be eligible for a license to practice orthotics or | ||
prosthetics in this state, a person must: | ||
(1) submit an application in the manner and on the form | ||
prescribed by the executive director; | ||
(2) pay the nonrefundable application fee; | ||
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required hours of classroom education and clinical practice, in an | ||
area of study the commission by rule determines to be necessary and | ||
appropriate; | ||
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professional area for which a license is sought that complies with | ||
the standards, guidelines, or procedures established by the | ||
department for a clinical residency that is offered in this state or | ||
another state; and | ||
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examination approved and required by the department. | ||
SECTION 7.003. Section 605.254(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A person is entitled to an exemption from the license | ||
requirements established under Section 605.252 if the person [ |
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department that the person possesses unique qualifications to | ||
practice orthotics, prosthetics, or orthotics and prosthetics. | ||
SECTION 7.004. Section 605.257(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) The department may issue a temporary license to an | ||
individual who: | ||
(1) [ |
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prosthetist, or both; [ |
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(2) [ |
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for the five years preceding the date of the application [ |
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(3) has [ |
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requirements that are equal to or exceed the requirements of this | ||
chapter. | ||
SECTION 7.005. The heading to Subchapter H, Chapter 605, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER H. PROHIBITED PRACTICES[ |
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SECTION 7.006. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 605.252(d); | ||
(2) Section 605.261(c); | ||
(3) Section 605.353; | ||
(4) Section 605.354; | ||
(5) Section 605.356; and | ||
(6) Subchapter I, Chapter 605. | ||
SECTION 7.007. The presiding officer of the Orthotists and | ||
Prosthetists Advisory Board who is serving on the effective date of | ||
this Act shall continue to serve as the presiding officer until the | ||
presiding officer of the Texas Commission of Licensing and | ||
Regulation, with the commission's approval, designates a member of | ||
the advisory board to serve as the presiding officer of the advisory | ||
board as required by Section 605.056, Occupations Code, as amended | ||
by this Act. | ||
SECTION 7.008. Sections 605.252, 605.254, and 605.257, | ||
Occupations Code, as amended by this Act, apply only to an | ||
application submitted on or after the effective date of this Act. | ||
An application submitted under Section 605.252, 605.254, or | ||
605.257, Occupations Code, before the effective date of this Act 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. | ||
ARTICLE 8. DIETITIANS | ||
SECTION 8.001. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 701.154; | ||
(2) Section 701.255; | ||
(3) Section 701.257; | ||
(4) Section 701.259; | ||
(5) Section 701.260; | ||
(6) Subchapter J, Chapter 701; and | ||
(7) Section 701.502. | ||
SECTION 8.002. (a) A provisional or temporary license | ||
issued under former Section 701.259 or 701.260, Occupations Code, | ||
that is in effect on the effective date of this Act continues to be | ||
valid until the license expires, and former Sections 701.259 and | ||
701.260, Occupations Code, are continued in effect for that | ||
purpose. Chapter 701, Occupations Code, as amended by this Act, | ||
continues to apply to a holder of an unexpired provisional or | ||
temporary license. | ||
(b) On or after the effective date of this Act, the Texas | ||
Department of Licensing and Regulation may not renew or extend a | ||
provisional or temporary license issued under former Section | ||
701.259 or 701.260, Occupations Code. | ||
(c) A proceeding under Chapter 701, Occupations Code, that | ||
is pending against a holder of a provisional or temporary license on | ||
the date the license expires is terminated on that date. | ||
ARTICLE 9. CODE ENFORCEMENT OFFICERS | ||
SECTION 9.001. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 1952.053, as effective September 1, 2017; | ||
(2) Subchapter E, Chapter 1952; and | ||
(3) Subchapter F, Chapter 1952, as effective September | ||
1, 2017. | ||
ARTICLE 10. SANITARIANS | ||
SECTION 10.001. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 1953.053; | ||
(2) Subchapter F, Chapter 1953; and | ||
(3) Subchapter G, Chapter 1953, as effective September | ||
1, 2017. | ||
ARTICLE 11. MOLD ASSESSORS AND REMEDIATORS | ||
SECTION 11.001. Subchapter B, Chapter 1958, Occupations | ||
Code, is amended by adding Section 1958.0531 to read as follows: | ||
Sec. 1958.0531. RULES. The commission shall adopt rules as | ||
necessary to administer this chapter. | ||
SECTION 11.002. Section 1958.105, Occupations Code, is | ||
amended to read as follows: | ||
Sec. 1958.105. EXAMINATION. [ |
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require that an applicant for a license pass a competency | ||
examination to qualify for the license. | ||
[ |
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SECTION 11.003. Section 1958.153, Occupations Code, as | ||
effective September 1, 2017, is amended to read as follows: | ||
Sec. 1958.153. NOTICE OF PROJECT. (a) Except as provided | ||
by Subsection (b), not later than the fifth day before the date on | ||
which a license holder starts mold remediation at a property, the | ||
license holder shall notify the department in a manner prescribed | ||
by the department [ |
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(b) In an emergency, notice to the department under | ||
Subsection (a) [ |
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than the next business day after the license holder identifies the | ||
emergency. For purposes of this subsection, an emergency exists if | ||
a delay in mold remediation services in response to a water damage | ||
occurrence would increase mold contamination. | ||
(c) The commission shall adopt rules to implement this | ||
section, including rules[ |
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[ |
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in the notice[ |
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[ |
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(d) The department shall develop a mechanism by which a | ||
license holder may notify the department of an emergency as | ||
required by Subsection (b). | ||
SECTION 11.004. Section 1958.156(d), Occupations Code, is | ||
amended to read as follows: | ||
(d) Not later than the 10th day [ |
||
completion of a mold remediation, the mold remediator license | ||
holder shall provide the property owner with copies of all | ||
photographs required by this section. | ||
SECTION 11.005. Subchapter D, Chapter 1958, Occupations | ||
Code, is amended by adding Section 1958.158 to read as follows: | ||
Sec. 1958.158. SERVICE OF PROCESS ON LICENSE HOLDER. The | ||
department may serve any notice that law requires the department to | ||
serve on a license holder by: | ||
(1) personal service on the license holder; | ||
(2) certified mail, return receipt requested, to the | ||
license holder at the last known address the license holder | ||
provided to the department; or | ||
(3) certified electronic mail to the license holder at | ||
the last known electronic mail address the license holder provided | ||
to the department. | ||
SECTION 11.006. The following provisions of the Occupations | ||
Code are repealed: | ||
(1) Section 1958.055; | ||
(2) Subchapter E, Chapter 1958, as effective September | ||
1, 2017; | ||
(3) Subchapter F, Chapter 1958, as effective September | ||
1, 2017; and | ||
(4) Section 1958.301. | ||
SECTION 11.007. Section 1958.153, Occupations Code, as | ||
amended by this Act, applies only to notice of a mold remediation | ||
project that is provided on or after the effective date of this Act. | ||
Notice of a mold remediation project that is provided before that | ||
date is governed by the law in effect immediately before the | ||
effective date of this Act, and the former law is continued in | ||
effect for that purpose. | ||
ARTICLE 12. TRANSITION PROVISIONS FOR CERTAIN PROCEEDINGS; | ||
EFFECTIVE DATE | ||
SECTION 12.001. (a) Except as provided by this Act, the | ||
changes in law made by this Act do not apply to an administrative | ||
proceeding pending on the effective date of this Act. An | ||
administrative proceeding pending on the effective date of this Act | ||
is governed by the law in effect immediately before the effective | ||
date of this Act, and that law is continued in effect for that | ||
purpose. | ||
(b) Except as provided by this Act, a civil or criminal | ||
proceeding based on a provision repealed by this Act that is pending | ||
on the effective date of this Act is terminated on that date. | ||
SECTION 12.002. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4007 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 143, Nays 0, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 4007 on May 24, 2017, by the following vote: Yeas 141, Nays 0, | ||
2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4007 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 31, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |