S.B. No. 202
 
 
 
 
AN ACT
  relating to the transfer of certain occupational regulatory
  programs and the deregulation of certain activities and
  occupations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS
  DEPARTMENT OF LICENSING AND REGULATION
  PART 1.  TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2017
         SECTION 1.001.  Subchapter D, Chapter 51, Occupations Code,
  is amended by adding Section 51.2031 to read as follows:
         Sec. 51.2031.  RULES REGARDING HEALTH-RELATED PROGRAMS;
  PROVISION OF INFORMATION. (a)  This section applies only to the
  regulation of the following professions by the department:
               (1)  athletic trainers;
               (2)  dietitians; 
               (3)  hearing instrument fitters and dispensers;
               (4)  midwives;
               (5)  orthotists and prosthetists; and
               (6)  speech-language pathologists and audiologists.
         (a-1)  The commission may not adopt a new rule relating to
  the scope of practice of or a health-related standard of care for a
  profession to which this section applies unless the rule has been
  proposed by the advisory board established for that profession.  
  The commission shall adopt rules prescribing the procedure by which
  an advisory board may propose rules described by this subsection.
         (a-2)  For each rule proposed under Subsection (a-1), the
  commission shall either adopt the rule as proposed or return the
  rule to the advisory board for revision.  The commission retains
  authority for final adoption of all rules and is responsible for
  ensuring compliance with all laws regarding the rulemaking process.  
  This subsection and Subsection (a-1) expire September 1, 2019.
         (b)  The commission shall adopt rules clearly specifying the
  manner in which the department and commission will solicit input
  from, and on request provide information to, an advisory board
  established for a profession to which this section applies
  regarding the general investigative, enforcement, or disciplinary
  procedures of the department or commission.
         SECTION 1.002.  Section 203.002, Occupations Code, is
  amended by adding Subdivision (1) and amending Subdivisions (3),
  (4), (4-a), (6), and (9) to read as follows:
               (1)  "Advisory board" means the Midwives Advisory
  Board.
               (3)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (4)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4-a)  "Executive director" [commissioner"] means the
  executive director of the department [commissioner of the Health
  and Human Services Commission].
               (6)  "Midwife" means a person who practices midwifery
  and has met the licensing requirements established by this chapter
  and commission [midwifery board] rules.
               (9)  "Normal" means, as applied to pregnancy, labor,
  delivery, the postpartum period, and the newborn period, and as
  defined by commission [midwifery board] rule, circumstances under
  which a midwife has determined that a client is at a low risk of
  developing complications.
         SECTION 1.003.  Section 203.005, Occupations Code, is
  amended to read as follows:
         Sec. 203.005.  EFFECT ON LOCAL ORDINANCES. This chapter
  does not prohibit a municipality from adopting a local ordinance or
  rule to regulate the practice of midwifery in the municipality if
  the ordinance or rule is compatible with and at least as strict as
  this chapter and commission [midwifery board] rules.
         SECTION 1.004.  The heading to Subchapter B, Chapter 203,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  MIDWIVES ADVISORY [MIDWIFERY] BOARD
         SECTION 1.005.  Section 203.052, Occupations Code, is
  amended to read as follows:
         Sec. 203.052.  ADVISORY [APPOINTMENT OF MIDWIFERY] BOARD
  MEMBERSHIP. (a)  The advisory [midwifery] board consists of nine
  members appointed by the presiding officer of the commission with
  the approval of the commission as follows:
               (1)  five licensed midwife members each of whom has at
  least three years' experience in the practice of midwifery;
               (2)  one physician member who is certified by a
  national professional organization of physicians that certifies
  obstetricians and gynecologists;
               (3)  one physician member who is certified by a
  national professional organization of physicians that certifies
  family practitioners or pediatricians; and
               (4)  two members who represent the public and who are
  not practicing or trained in a health care profession, one of whom
  is a parent with at least one child born with the assistance of a
  midwife.
         (b)  Appointments to the advisory [midwifery] board shall be
  made without regard to the race, color, disability, sex, religion,
  age, or national origin of the appointee.
         SECTION 1.006.  Subchapter B, Chapter 203, Occupations Code,
  is amended by adding Section 203.0521 to read as follows:
         Sec. 203.0521.  DUTIES OF ADVISORY BOARD. The advisory
  board shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         SECTION 1.007.  Section 203.055, Occupations Code, is
  amended to read as follows:
         Sec. 203.055.  TERMS; VACANCIES. (a)  Members of the
  advisory [midwifery] board serve for staggered terms of six years.
  The terms of three members expire on January 31 of each odd-numbered
  year.
         (b)  If a vacancy occurs 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.
         SECTION 1.008.  Section 203.056, Occupations Code, is
  amended to read as follows:
         Sec. 203.056.  PRESIDING OFFICER [OFFICERS]. The presiding
  officer of the commission [commissioner] shall designate a public
  member of the advisory [midwifery] board to serve as the presiding
  officer of the advisory [midwifery] board to serve for a term of one
  year [in that capacity at the pleasure of the commissioner].  The
  presiding officer of the advisory board may vote on any matter
  before the advisory board [midwifery board shall elect one of the
  other members of the midwifery board as vice presiding officer].
         SECTION 1.009.  Section 203.059, Occupations Code, is
  amended to read as follows:
         Sec. 203.059.  MEETINGS. [(a)]  The advisory [midwifery]
  board shall meet at [least semiannually.
         [(b)  The midwifery board shall meet at other times at] the
  call of the presiding officer of the commission or the executive
  director [midwifery board or the commissioner].
         SECTION 1.010.  The heading to Subchapter D, Chapter 203,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  POWERS AND DUTIES [OF MIDWIFERY BOARD, EXECUTIVE
  COMMISSIONER, AND DEPARTMENT]
         SECTION 1.011.  The heading to Section 203.151, Occupations
  Code, is amended to read as follows:
         Sec. 203.151.  GENERAL POWERS AND DUTIES [RULEMAKING
  AUTHORITY OF MIDWIFERY BOARD].
         SECTION 1.012.  Section 203.151, Occupations Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  The executive director shall administer and enforce
  this chapter.
         (a-1)  The commission [Subject to the approval of the
  executive commissioner, the midwifery board] shall:
               (1)  [adopt substantive and procedural rules necessary
  for the licensing of midwives;
               [(2)]  adopt rules prescribing the standards for the
  practice of midwifery in this state, including standards for:
                     (A)  the delineation of findings that preclude a
  woman or newborn from being classified as having a normal
  pregnancy, labor, delivery, postpartum period, or newborn period;
  and
                     (B)  administration of oxygen by a midwife to a
  mother or newborn;
               (2) [(3)]  adopt rules prescribing:
                     (A)  the type of courses and number of hours
  required to meet the basic midwifery education course and
  continuing midwifery education course requirements; and
                     (B)  minimum standards for the approval and
  revocation of approval of:
                           (i)  basic midwifery education courses and
  continuing midwifery education courses; and
                           (ii)  instructors or facilities used in
  basic midwifery education courses and continuing midwifery
  education courses; and
               (3) [(4)     adopt rules prescribing a procedure for
  reporting and processing complaints relating to the practice of
  midwifery in this state;
               [(5)     adopt and implement substantive and procedural
  rules as necessary to discipline midwives determined to be in
  violation of this chapter or otherwise a threat to the public health
  and safety;
               [(6)]  adopt rules as necessary to establish
  eligibility for reciprocity for initial licensing under this
  chapter[; and
               [(7)     adopt other rules necessary to implement a duty
  imposed on the executive commissioner or the department under this
  chapter].
         (a-2)  The department shall:
               (1)  implement rules governing:
                     (A)  basic midwifery education courses and
  continuing midwifery education courses; and
                     (B)  approval of instructors or facilities used in
  offering basic midwifery education courses and continuing
  midwifery education courses;
               (2)  prepare and distribute basic midwifery
  information and instructor manuals;
               (3)  enter into agreements necessary to carry out this
  chapter; and
               (4)  establish a program for licensure as a midwife as
  prescribed by commission rules.
         SECTION 1.013.  Section 203.152(b), Occupations Code, is
  amended to read as follows:
         (b)  The commission [midwifery board] may not set a fee for
  an amount less than the amount of that fee on September 1, 1993.
         SECTION 1.014.  Sections 203.153(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The [Subject to the approval of the] department[, the
  midwifery board] shall issue basic information manuals for the
  practice of midwifery[.     The midwifery board shall approve the
  basic information manuals] and instructor manuals that may be used
  in basic midwifery education courses.
         (c)  A basic information manual must include information
  about:
               (1)  the knowledge necessary to practice as a midwife;
               (2)  the basic education and continuing education
  requirements for a midwife;
               (3)  the legal requirements and procedures relating to
  midwifery;
               (4)  the standards of practice as a midwife; and
               (5)  other information or procedures required by the
  commission [midwifery board] or the department.
         SECTION 1.015.  Section 203.154, Occupations Code, is
  amended to read as follows:
         Sec. 203.154.  REPORTS ON MIDWIFERY.  (a) [(c)]  The
  department [midwifery board] shall prepare and publish reports on
  the practice of midwifery in this state.
         (b)  The Department of State Health Services shall publish
  a[, including] statistical report [reporting] of infant fetal
  morbidity and mortality.
         SECTION 1.016.  The heading to Section 203.155, Occupations
  Code, is amended to read as follows:
         Sec. 203.155.  COMPLAINTS [COMPLAINT PROCEDURE AND
  INVESTIGATION].
         SECTION 1.017.  Sections 203.155(b) and (d), Occupations
  Code, are amended to read as follows:
         (b)  For purposes of Section 51.252, the commission must
  adopt [The] rules to [adopted under Subsection (a) must:
               [(1)  distinguish among categories of complaints;
               [(2)     ensure that a person who files a complaint has an
  opportunity to explain the allegations made in the complaint; and
               [(3)]  provide for the release of any relevant
  midwifery or medical record to the department [midwifery board],
  without the necessity of consent by the midwife's client, as
  necessary to conduct an investigation of a complaint.
         (d)  The department [midwifery board] shall provide
  reasonable assistance to a person who wishes to file a complaint
  with the department regarding a person or activity regulated by
  this chapter [midwifery board].
         SECTION 1.018.  Section 203.252(a), Occupations Code, is
  amended to read as follows:
         (a)  A person qualifies to become a licensed midwife under
  this chapter if the person provides the department [program
  coordinator] with documentary evidence that the person has:
               (1)  satisfied each requirement for basic midwifery
  education; and
               (2)  passed the comprehensive midwifery examination
  and jurisprudence examination required by this chapter.
         SECTION 1.019.  Section 203.253, Occupations Code, is
  amended to read as follows:
         Sec. 203.253.  LICENSE APPLICATION. A person who practices
  midwifery must apply to the department to be licensed as a midwife
  in the manner and on a form prescribed by the executive director.  
  The application must:
               (1)  be accompanied by a nonrefundable application fee;
  and
               (2)  include information required by commission
  [midwifery board] rules.
         SECTION 1.020.  Section 203.254, Occupations Code, is
  amended to read as follows:
         Sec. 203.254.  BASIC MIDWIFERY EDUCATION. The commission
  [Subject to the approval of the executive commissioner, the
  midwifery board] shall establish requirements for basic midwifery
  education.
         SECTION 1.021.  Section 203.255(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [midwifery board, with the approval of
  the executive commissioner,] shall:
               (1)  adopt a comprehensive midwifery examination for
  persons regulated under this chapter that must be passed before the
  initial license may be issued; and
               (2)  establish eligibility requirements for persons
  taking a comprehensive midwifery examination.
         SECTION 1.022.  Section 203.2555, Occupations Code, is
  amended to read as follows:
         Sec. 203.2555.  JURISPRUDENCE EXAMINATION. (a)  The
  department [midwifery board] shall develop and administer at least
  twice each calendar year a jurisprudence examination to determine
  an applicant's knowledge of this chapter, commission [midwifery
  board] rules under this chapter, and any other applicable laws of
  this state affecting the applicant's midwifery practice.
         (b)  The commission [Subject to the approval of the executive
  commissioner, the midwifery board] shall adopt rules to implement
  this section, including rules related to the development and
  administration of the examination, examination fees, guidelines
  for reexamination, grading the examination, and providing notice of
  examination results.
         SECTION 1.023.  Section 203.256, Occupations Code, is
  amended to read as follows:
         Sec. 203.256.  TRAINING IN NEWBORN SCREENING AND BASIC LIFE
  SUPPORT CARDIOPULMONARY RESUSCITATION. A person who practices
  midwifery in this state must provide the department [program
  coordinator] with satisfactory evidence that the person:
               (1)  is trained to perform the newborn screening tests
  under Section 203.354 or has made arrangements for the performance
  of those tests; and
               (2)  holds:
                     (A)  a current certificate issued by the American
  Heart Association in basic life support cardiopulmonary
  resuscitation; or
                     (B)  another form of certification acceptable to
  the department that demonstrates proficiency in basic life support
  cardiopulmonary resuscitation for adults and children.
         SECTION 1.024.  Section 203.304, Occupations Code, is
  amended to read as follows:
         Sec. 203.304.  CONTINUING MIDWIFERY EDUCATION. (a)  The
  commission by rule [Subject to the approval of the executive
  commissioner, the midwifery board] shall establish requirements
  for continuing midwifery education, including a minimum number of
  hours of continuing education required to renew a license under
  this chapter.
         (b)  On renewal of the license, a midwife must provide the
  department [program coordinator] with evidence, acceptable under
  commission [midwifery board] rules, of completion of continuing
  midwifery education as prescribed by the commission by rule
  [midwifery board].
         (c)  The commission [midwifery board] by rule shall develop a
  process to evaluate and approve continuing education courses.
         SECTION 1.025.  Section 203.305, Occupations Code, is
  amended to read as follows:
         Sec. 203.305.  REQUIRED ATTENDANCE AT SPECIFIC MIDWIFERY
  EDUCATION COURSES. The department [midwifery board] may assess the
  continuing education needs of licensed midwives and may require
  licensed midwives to attend continuing midwifery education courses
  specified by the department [midwifery board].
         SECTION 1.026.  Section 203.306, Occupations Code, is
  amended to read as follows:
         Sec. 203.306.  GROUNDS FOR REFUSING RENEWAL. The department
  [midwifery board] may refuse to renew the license of a person who
  fails to pay an administrative penalty [imposed under Subchapter
  J,] unless enforcement of the penalty is stayed or a court has
  ordered that the administrative penalty is not owed.
         SECTION 1.027.  Section 203.351(b), Occupations Code, is
  amended to read as follows:
         (b)  The department [midwifery board] shall prescribe the
  form of the informed choice and disclosure statement required to be
  used by a midwife under this chapter.  The form must include:
               (1)  statistics of the midwife's experience as a
  midwife;
               (2)  the date the midwife's license expires;
               (3)  the date the midwife's cardiopulmonary
  resuscitation certification expires;
               (4)  the midwife's compliance with continuing education
  requirements;
               (5)  a description of medical backup arrangements; and
               (6)  the legal responsibilities of a midwife, including
  statements concerning newborn blood screening, ophthalmia
  neonatorum prevention, and prohibited acts under Sections
  203.401-203.403.
         SECTION 1.028.  Section 203.352, Occupations Code, is
  amended to read as follows:
         Sec. 203.352.  PRENATAL AND CERTAIN MEDICAL CARE ENCOURAGED.
  A midwife shall encourage a client to seek:
               (1)  prenatal care; and
               (2)  medical care through consultation or referral, as
  specified by commission [midwifery board] rules, if the midwife
  determines that the pregnancy, labor, delivery, postpartum period,
  or newborn period of a woman or newborn may not be classified as
  normal for purposes of this chapter.
         SECTION 1.029.  Section 203.354(b), Occupations Code, is
  amended to read as follows:
         (b)  A midwife may collect blood specimens for the newborn
  screening tests if the midwife has been approved by the department
  to collect the specimen. The commission [Subject to the approval of
  the executive commissioner, the midwifery board] shall adopt rules
  establishing the standards for approval.  The standards must
  recognize completion of a course of instruction that includes the
  blood specimen collection procedure or verification by
  appropriately trained health care providers that the midwife has
  been instructed in the blood collection procedures.
         SECTION 1.030.  Section 203.355(b), Occupations Code, is
  amended to read as follows:
         (b)  The Department of State Health Services [department]
  and a local health department, a public health district, or a local
  health unit shall provide clinical and laboratory support services
  to a pregnant woman or a newborn who is a client of a midwife if the
  midwife is required to provide the services under this chapter.
         SECTION 1.031.  Section 203.356(a), Occupations Code, is
  amended to read as follows:
         (a)  A physician, a registered nurse, or other person who, on
  the order of a physician, instructs a midwife in the approved
  techniques for collecting blood specimens to be used for newborn
  screening tests is immune from liability arising out of the failure
  or refusal of the midwife to:
               (1)  collect the specimens in the approved manner; or
               (2)  submit the specimens to the Department of State
  Health Services [department] in a timely manner.
         SECTION 1.032.  Sections 203.357(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The department [midwifery board] may require
  information in addition to that required by Section 203.253 if it
  determines the additional information is necessary and appropriate
  to ascertain the nature and extent of midwifery in this state. The
  department [midwifery board] may not require information regarding
  any act that is prohibited under this chapter.
         (b)  The [With the approval of the midwifery board, the]
  department shall prescribe forms for the additional information and
  shall distribute those forms directly to each midwife. Each
  midwife must complete and return the forms to the department as
  requested.
         SECTION 1.033.  Section 203.401, Occupations Code, is
  amended to read as follows:
         Sec. 203.401.  PROHIBITED PRACTICES. A midwife may not:
               (1)  provide midwifery care in violation of commission
  [midwifery board] rule, except in an emergency that poses an
  immediate threat to the life of a woman or newborn;
               (2)  administer a prescription drug to a client other
  than:
                     (A)  a drug administered under the supervision of
  a licensed physician in accordance with state law;
                     (B)  prophylaxis approved by the Department of
  State Health Services [department] to prevent ophthalmia
  neonatorum; or
                     (C)  oxygen administered in accordance with
  commission [midwifery board] rule;
               (3)  use forceps or a surgical instrument for a
  procedure other than cutting the umbilical cord or providing
  emergency first aid during delivery;
               (4)  remove placenta by invasive techniques;
               (5)  use a mechanical device or medicine to advance or
  retard labor or delivery; or
               (6)  make on a birth certificate a false statement or
  false record in violation of Section 195.003, Health and Safety
  Code.
         SECTION 1.034.  Section 203.404, Occupations Code, is
  amended to read as follows:
         Sec. 203.404.  GROUNDS FOR DISCIPLINARY ACTION. (a)  The
  commission or executive director [midwifery board] may discipline a
  licensed midwife, refuse to renew a midwife's license, or refuse to
  issue a license to an applicant if the person:
               (1)  violates this chapter or a rule adopted under this
  chapter;
               (2)  submits false or misleading information to the
  [midwifery board or the] department;
               (3)  is convicted of a misdemeanor involving moral
  turpitude or a felony;
               (4)  uses alcohol or drugs intemperately;
               (5)  engages in unprofessional or dishonorable conduct
  that may reasonably be determined to deceive or defraud the public;
               (6)  is unable to practice midwifery with reasonable
  skill and safety because of illness, disability, or psychological
  impairment;
               (7)  is determined by a court judgment to be mentally
  impaired;
               (8)  submits a birth or death certificate known by the
  person to be false or fraudulent or engages in another act that
  violates Title 3, Health and Safety Code, or a rule adopted under
  that title;
               (9)  violates Chapter 244, Health and Safety Code, or a
  rule adopted under that chapter; or
               (10)  fails to practice midwifery in a manner
  consistent with the public health and safety.
         (b)  The commission or executive director [midwifery board]
  may discipline a licensed midwife and may refuse to issue a license
  to an applicant for a disciplinary action taken by another
  jurisdiction that affects the person's authority to practice
  midwifery, including a suspension, a revocation, or another action.
         SECTION 1.035.  Section 203.406, Occupations Code, is
  amended to read as follows:
         Sec. 203.406.  REFUND. (a)  Subject to Subsection (b), the
  commission or executive director [midwifery board] may order a
  licensed midwife to pay a refund to a consumer as provided in an
  agreed settlement, default order, or commission order [agreement
  resulting from an informal settlement conference] instead of or in
  addition to imposing an administrative penalty against the license
  holder [under this chapter].
         (b)  The amount of a refund ordered [as provided in an
  agreement resulting from an informal settlement conference] may not
  exceed the amount the consumer paid to the licensed midwife for a
  service regulated by this chapter.  The commission or executive
  director [midwifery board] may not require payment of other damages
  or estimate harm in a refund order.
         SECTION 1.036.  Section 203.501(a), Occupations Code, is
  amended to read as follows:
         (a)  A person is liable for a civil penalty if the person is
  required to be licensed under this chapter and the person knowingly
  or intentionally practices midwifery:
               (1)  without a license or while the license is
  suspended or revoked; or
               (2)  in violation of a commission [midwifery board]
  order.
         SECTION 1.037.  Section 203.502(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  If the executive director [department] or a health
  authority determines that a person has violated this chapter, the
  executive director may institute an action described by Section
  51.352 [and that the violation creates an immediate threat to the
  health and safety of the public, the department, or the health
  authority with the concurrence of the department, may request the
  attorney general or a district, county, or city attorney to bring an
  action in a district court for a restraining order to restrain the
  violation].
         SECTION 1.038.  Section 203.503(a), Occupations Code, is
  amended to read as follows:
         (a)  Venue for a civil action arising out of the imposition
  of an administrative penalty [brought under Section 203.451 or
  203.452] is in the county in which the defendant resides or in the
  county in which the violation occurred.
         SECTION 1.039.  Section 203.505(b), Occupations Code, is
  amended to read as follows:
         (b)  A violation of a cease and desist [an] order issued by
  the executive director [under this section] constitutes grounds for
  imposing an administrative penalty [under Subchapter J].
         SECTION 1.040.  Section 401.001, Occupations Code, is
  amended by amending Subdivisions (1), (3), (4), and (4-a) and
  adding Subdivisions (1-a) and (4-b) to read as follows:
               (1)  "Advisory board" means the Speech-Language
  Pathologists and Audiologists Advisory Board.
               (1-a)  "Audiologist" means a person who meets the
  qualifications of this chapter to practice audiology.
               (3)  "Commission" ["Board"] means the Texas Commission
  of Licensing and Regulation [State Board of Examiners for
  Speech-Language Pathology and Audiology].
               (4)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4-a)  "Executive director" means the executive
  director of the department.
               (4-b)  "Hearing instrument" has the meaning assigned by
  Section 402.001.
         SECTION 1.041.  Section 401.052, Occupations Code, is
  amended to read as follows:
         Sec. 401.052.  NURSES. This chapter does not prevent or
  restrict a communication, speech, language, or hearing screening,
  as defined by commission [board] rule, from being conducted by a
  registered nurse:
               (1)  licensed in this state; and
               (2)  practicing in accordance with the standards of
  professional conduct and ethics established by rules adopted by the
  Texas Board of Nursing.
         SECTION 1.042.  Section 401.053, Occupations Code, is
  amended to read as follows:
         Sec. 401.053.  PERSONS TRAINED BY DEPARTMENT OF STATE HEALTH
  SERVICES. (a)  This chapter does not apply to a person who shows
  evidence of having received training by the Department of State
  Health Services [department] in a communication, speech, language,
  or hearing screening training program approved by that [the]
  department if the person's activity is limited to screening as
  defined by commission [board] rule.
         (b)  A person who has received training by the Department of
  State Health Services [department] in a program under Subsection
  (a) may not:
               (1)  practice speech-language pathology or audiology;
  or
               (2)  represent that the person is a speech-language
  pathologist or audiologist.
         SECTION 1.043.  Sections 401.054(b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (b)  The Texas Education Agency certificate in
  speech-language pathology must require an applicant to:
               (1)  hold a master's degree in communicative disorders
  or the equivalent from a university program accredited by the
  American Speech-Language-Hearing Association; and
               (2)  pass a national examination in speech-language
  pathology or audiology approved by the department [board].
         (c)  A person affected by this section who performs work as a
  speech-language pathologist or audiologist in addition to
  performing the person's duties within an agency, institution, or
  organization under the jurisdiction of the Texas Education Agency
  is required to hold a license issued by the department [board]
  unless that work is limited to speech and hearing screening
  procedures performed without compensation.
         (d)  For the purposes of Subsection (b)(1), an applicant's
  educational credentials are equivalent to a master's degree in
  communicative disorders if the credentials:
               (1)  consist of graduate-level course work and
  practicum from a program accredited by the American
  Speech-Language-Hearing Association; and
               (2)  meet requirements that are the same as those
  established by the department [board] for a license in
  speech-language pathology or audiology.
         SECTION 1.044.  The heading to Subchapter C, Chapter 401,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  [STATE BOARD OF EXAMINERS FOR] SPEECH-LANGUAGE
  PATHOLOGISTS [PATHOLOGY] AND AUDIOLOGISTS ADVISORY BOARD
  [AUDIOLOGY]
         SECTION 1.045.  Section 401.102, Occupations Code, is
  amended to read as follows:
         Sec. 401.102.  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 [governor] as
  follows:
               (1)  three audiologist members;
               (2)  three speech-language pathologist members; and
               (3)  three members who represent the public.
         (b)  Advisory board [Board] members must:
               (1)  have been a resident of this state for the two
  years preceding the date of appointment;
               (2)  be from the various geographic regions of the
  state; and
               (3)  be from varying employment settings.
         (c)  The advisory board members appointed under Subsections
  (a)(1) and (2) must:
               (1)  have been engaged in teaching, research, or
  providing services in speech-language pathology or audiology for at
  least five years; and
               (2)  be licensed under this chapter.
         (d)  One of the public advisory board members must be a
  physician licensed in this state and certified in otolaryngology or
  pediatrics.
         (e)  Appointments to the advisory board shall be made without
  regard to the race, creed, sex, religion, or national origin of the
  appointee.
         SECTION 1.046.  Subchapter C, Chapter 401, Occupations Code,
  is amended by adding Section 401.10205 to read as follows:
         Sec. 401.10205.  DUTIES OF ADVISORY BOARD.  The advisory
  board shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         SECTION 1.047.  The heading to Section 401.105, Occupations
  Code, is amended to read as follows:
         Sec. 401.105.  TERMS; VACANCIES.
         SECTION 1.048.  Section 401.105(b), Occupations Code, is
  amended to read as follows:
         (b)  If a vacancy occurs 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 [A
  person may not be appointed to serve more than two consecutive
  terms].
         SECTION 1.049.  Section 401.107, Occupations Code, is
  amended to read as follows:
         Sec. 401.107.  PRESIDING OFFICER [BOARD OFFICERS]. (a)  The
  presiding officer of the commission [governor] shall designate a
  member of the advisory board to serve as the presiding officer of
  the advisory board for a term of one year [to serve in that capacity
  at the will of the governor].
         (b)  The presiding officer of the advisory board may vote on
  any matter before the advisory board [must hold a license under this
  chapter].
         SECTION 1.050.  Section 401.108, Occupations Code, is
  amended to read as follows:
         Sec. 401.108.  MEETINGS. [(a)]  The advisory board shall
  meet [hold at least two regular meetings each year.
         [(b)  Additional meetings may be held] at the call of the
  presiding officer of the commission or the executive director [on
  the written request of any three members of the board].
         SECTION 1.051.  The heading to Subchapter E, Chapter 401,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E.  [BOARD AND DEPARTMENT] POWERS AND DUTIES
         SECTION 1.052.  Section 401.201, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (a-1) to
  read as follows:
         (a)  The executive director shall administer and enforce
  this chapter.
         (a-1)  The [With the assistance of the] department[, the
  board] shall:
               (1)  [administer, coordinate, and enforce this
  chapter;
               [(2)]  evaluate the qualifications of license
  applicants;
               (2) [(3)]  provide for the examination of license
  applicants;
               (3) [(4)]  in connection with a hearing under this
  chapter [Section 401.454], issue subpoenas, examine witnesses, and
  administer oaths under the laws of this state; and
               (4) [(5)     conduct hearings and keep records and minutes
  necessary to the orderly administration of this chapter; and
               [(6)]  investigate persons engaging in practices that
  violate this chapter.
         SECTION 1.053.  Section 401.202, Occupations Code, is
  amended to read as follows:
         Sec. 401.202.  STANDARDS OF ETHICAL PRACTICE [RULEMAKING
  AUTHORITY]. The commission [board] shall adopt rules under 
  [necessary to administer and enforce] this chapter[, including
  rules] that establish standards of ethical practice.
         SECTION 1.054.  Section 401.2021, Occupations Code, is
  amended to read as follows:
         Sec. 401.2021.  [JOINT] RULES FOR HEARING INSTRUMENTS.  With
  the assistance of the advisory [department, the] board and the
  Hearing Instrument Fitters and Dispensers Advisory Board, the
  commission [State Committee of Examiners in the Fitting and
  Dispensing of Hearing Instruments] shall [jointly] adopt rules to
  establish requirements for each sale of a hearing instrument for
  purposes of this chapter and Chapter 402.  The rules must:
               (1)  address:
                     (A)  the information and other provisions
  required in each written contract for the purchase of a hearing
  instrument;
                     (B)  records that must be retained under this
  chapter or Chapter 402; and
                     (C)  guidelines for the 30-day trial period during
  which a person may cancel the purchase of a hearing instrument; and
               (2)  require that the written contract and 30-day trial
  period information provided to a purchaser of a hearing instrument
  be in plain language designed to be easily understood by the average
  consumer.
         SECTION 1.055.  Section 401.2022, Occupations Code, is
  amended to read as follows:
         Sec. 401.2022.  [JOINT] RULES FOR FITTING AND DISPENSING OF
  HEARING INSTRUMENTS BY TELEPRACTICE. (a)  In this section,
  "telepractice" means the use of telecommunications technology by a
  license holder for an assessment, intervention, or consultation
  regarding a speech-language pathology or audiology client.
         (b)  With the assistance of the advisory [department, the]
  board and the Hearing Instrument Fitters and Dispensers Advisory
  Board, the commission [State Committee of Examiners in the Fitting
  and Dispensing of Hearing Instruments] shall [jointly] adopt rules
  to establish requirements for the fitting and dispensing of hearing
  instruments by the use of telepractice for purposes of this chapter
  and Chapter 402, including rules that establish the qualifications
  and duties of license holders who use telepractice.
         SECTION 1.056.  The heading to Section 401.203, Occupations
  Code, is amended to read as follows:
         Sec. 401.203.  ASSISTANCE FILING COMPLAINT [BOARD DUTIES
  REGARDING COMPLAINTS].
         SECTION 1.057.  Section 401.203(c), Occupations Code, is
  amended to read as follows:
         (c)  The department [board] shall provide reasonable
  assistance to a person who wishes to file a complaint with the
  department regarding a person or activity regulated under this
  chapter [board].
         SECTION 1.058.  Section 401.251, Occupations Code, is
  amended to read as follows:
         Sec. 401.251.  TELEPHONE NUMBER FOR COMPLAINTS. The
  department [board] shall list with its regular telephone number any
  toll-free telephone number established under other state law that
  may be called to present a complaint about a health professional.
         SECTION 1.059.  The heading to Section 401.253, Occupations
  Code, is amended to read as follows:
         Sec. 401.253.  [GENERAL] RULES REGARDING USE OF PRIVATE
  INVESTIGATOR [REGARDING COMPLAINT INVESTIGATION AND DISPOSITION].
         SECTION 1.060.  Section 401.253(a), Occupations Code, is
  amended to read as follows:
         (a)  For purposes of Section 51.252, the commission must [The
  board shall] adopt rules to [concerning the investigation of a
  complaint filed with the board. The rules must:
               [(1)  distinguish among categories of complaints;
               [(2)     ensure that a complaint is not dismissed without
  appropriate consideration;
               [(3)     require that the board be advised of a complaint
  that is dismissed and that a letter be sent to the person who filed
  the complaint explaining the action taken on the dismissed
  complaint;
               [(4)     ensure that the person who filed the complaint
  has an opportunity to explain the allegations made in the
  complaint; and
               [(5)]  prescribe guidelines concerning the categories
  of complaints under this chapter that require the use of a private
  investigator and the procedures for the department [board] to
  obtain the services of a private investigator.
         SECTION 1.061.  The heading to Section 401.2535, Occupations
  Code, is amended to read as follows:
         Sec. 401.2535.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
         SECTION 1.062.  Sections 401.2535(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [board] in connection with a complaint and
  investigation are confidential and not subject to disclosure under
  Chapter 552, Government Code, and not subject to disclosure,
  discovery, subpoena, or other means of legal compulsion for their
  release to anyone other than the department [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  professional speech-language pathologist and
  audiologist licensing or disciplinary boards in other
  jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department [board]
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the department, commission, or
  executive director [board], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [board] are not confidential and are subject
  to disclosure in accordance with Chapter 552, Government Code.
         SECTION 1.063.  Section 401.302, Occupations Code, is
  amended to read as follows:
         Sec. 401.302.  ISSUANCE OF LICENSE. (a)  The department
  [board] shall issue a license to an applicant who meets the
  requirements of this chapter and who pays to the department [board]
  the initial nonrefundable license fee.
         (b)  The department [board] may issue to an applicant a
  license in either speech-language pathology or audiology.
         (c)  The department [board] may issue a license in both
  speech-language pathology and audiology to an applicant.
         (d)  The commission [board] by rule shall establish
  qualifications for dual licensing in speech-language pathology and
  audiology and may develop a full range of licensing options and
  establish rules for qualifications.
         SECTION 1.064.  Section 401.303(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who desires a license under this chapter must
  apply to the department [board] on a form and in the manner
  prescribed by the executive director [board prescribes].
         SECTION 1.065.  Sections 401.304(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  To be eligible for licensing as a speech-language
  pathologist or audiologist, an applicant must:
               (1)  if the application is for a license in:
                     (A)  speech-language pathology, possess at least
  a master's degree with a major in at least one of the areas of
  communicative sciences or disorders from a program accredited by a
  national accrediting organization that is approved by the
  commission or department [board] and recognized by the United
  States secretary of education under the Higher Education Act of
  1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
  college or university; or
                     (B)  audiology, possess at least a doctoral degree
  in audiology or a related hearing science from a program accredited
  by a national accrediting organization that is approved by the
  commission or department [board] and recognized by the United
  States secretary of education under the Higher Education Act of
  1965 (20 U.S.C. Section 1001 et seq.) in an accredited or approved
  college or university;
               (2)  submit a transcript from a public or private
  institution of higher learning showing successful completion of
  course work in amounts set by the commission by rule [board] in:
                     (A)  normal development and use of speech,
  language, and hearing;
                     (B)  evaluation, habilitation, and rehabilitation
  of speech, language, and hearing disorders; and
                     (C)  related fields that augment the work of
  clinical practitioners of speech-language pathology and audiology;
               (3)  have successfully completed at least 36 semester
  hours in courses that are acceptable toward a graduate degree by the
  college or university in which the courses are taken, at least 24 of
  which must be in the professional area for which the license is
  requested;
               (4)  have completed the minimum number of hours,
  established by the commission by rule [board], of supervised
  clinical experience with persons who present a variety of
  communication disorders; and
               (5)  have completed the full-time supervised
  professional experience, as defined by commission [board] rule, in
  which clinical work has been accomplished in the major professional
  area for which the license is being sought.
         (c)  Supervised professional experience under Subsection
  (a)(5) must:
               (1)  be under the supervision of a qualified person
  acceptable to the department [board] under guidelines approved by
  the commission [board]; and
               (2)  begin after completion of the academic and
  clinical experience required by this section.
         SECTION 1.066.  Section 401.3041, Occupations Code, is
  amended to read as follows:
         Sec. 401.3041.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The department [board]
  shall require that an applicant for a license submit a complete and
  legible set of fingerprints, on a form prescribed by the department
  [board], to the department [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 department [board] may not issue a license to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The department [board] shall conduct a criminal history
  check of each applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department [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 department [Department of State Health Services on
  behalf of the board] may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history 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 check.
         SECTION 1.067.  Section 401.305, Occupations Code, is
  amended to read as follows:
         Sec. 401.305.  EXAMINATION. (a)  To obtain a license, an
  applicant must:
               (1)  pass an [a validated] examination approved by the
  commission by rule [board]; and
               (2)  pay fees in a manner prescribed by the commission
  by rule [board].
         (b)  The department [board] shall[:
               [(1)]  administer an examination at least twice each
  year.
         (b-1)  The commission by rule shall[;
               [(2)]  determine standards for acceptable performance
  on the examination[; and
               [(3)     maintain a record of all examination scores for
  at least two years after the date of examination].
         (c)  The commission [board] by rule may:
               (1)  establish procedures for the administration of the
  examination; and
               (2)  require a written or oral examination, or both.
         (d)  The commission by rule [board] may require the
  examination of [examine] an applicant in any theoretical or applied
  field of speech-language pathology or audiology it considers
  appropriate. The commission by rule [board] may require the
  examination of [examine] an applicant on professional skills and
  judgment in the use of speech-language pathology or audiology
  techniques or methods.
         SECTION 1.068.  Section 401.307(b), Occupations Code, is
  amended to read as follows:
         (b)  An applicant who fails two examinations may not be
  reexamined until the person:
               (1)  submits a new application accompanied by a
  nonrefundable application fee; and
               (2)  presents evidence acceptable to the department 
  [board] of additional study in the area for which a license is
  sought.
         SECTION 1.069.  Section 401.308, Occupations Code, is
  amended to read as follows:
         Sec. 401.308.  PROVISIONAL LICENSE; CERTIFICATE OF CLINICAL
  COMPETENCE WAIVER. (a)  The department [board] may grant a
  provisional license to an applicant who:
               (1)  is licensed in good standing as a speech-language
  pathologist or an audiologist in another state that has licensing
  requirements that are substantially equivalent to the requirements
  of this chapter;
               (2)  has passed a national or other examination
  recognized by the department [board] relating to speech-language
  pathology or audiology; and
               (3)  is sponsored by a license holder with whom the
  provisional license holder may practice under this section.
         (b)  An applicant for a provisional license may be excused
  from the requirement of Subsection (a)(3) if the department [board]
  determines that compliance with that requirement is a hardship to
  the applicant.
         (c)  A provisional license is valid until the date the
  department [board] approves or denies the provisional license
  holder's application for a license.
         (d)  The department [board] shall issue a license under this
  chapter to a provisional license holder:
               (1)  who passes the examination required by Section
  401.305;
               (2)  for whom the department [board] verifies
  satisfaction of the academic and experience requirements for a
  license under this chapter; and
               (3)  who satisfies any other license requirements under
  this chapter.
         (e)  The department [board] shall complete the processing of
  a provisional license holder's application for a license not later
  than the 180th day after the date the provisional license is issued.
         (f)  The department [board] may waive the examination
  requirement and issue a license to an applicant who holds the
  Certificate of Clinical Competence of the American
  Speech-Language-Hearing Association.
         SECTION 1.070.  Section 401.310(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] shall issue a temporary
  certificate of registration to an applicant who:
               (1)  satisfies the requirements of Section 401.304;
               (2)  has not previously applied to take the
  examination; and
               (3)  pays the nonrefundable application fee.
         SECTION 1.071.  Section 401.311(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission [board] by rule shall:
               (1)  prescribe the terms governing a person's practice
  as an intern under this section; and
               (2)  establish general guidelines and renewal
  procedures for the holder of an intern license.
         SECTION 1.072.  Sections 401.312(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The commission by rule [board] may establish minimum
  qualifications for licensed assistants in speech-language
  pathology and in audiology.
         (b)  A licensed assistant in speech-language pathology or in
  audiology must meet the minimum qualifications established by the
  commission [board].
         SECTION 1.073.  Section 401.351, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 401.351.  LICENSE TERM [EXPIRATION].  [(a)]  A license
  issued under this chapter is valid for two years.  [The board by
  rule may adopt a system under which licenses expire on various dates
  during the year.
         [(b)     For the year in which the license expiration date is
  changed, license fees payable on the original expiration date shall
  be prorated on a monthly basis so that each license holder pays only
  the portion of the license fee that is allocable to the number of
  months during which the license is valid. On renewal of the license
  on the new expiration date, the total license renewal fee is
  payable.]
         SECTION 1.074.  Section 401.352(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  Each licensed speech-language pathologist or
  audiologist must pay the nonrefundable fee for license renewal.
  [The board shall allow a 60-day grace period. After expiration of
  the grace period, the board may renew a license on payment of a
  penalty set by board rule.]
         SECTION 1.075.  Section 401.355, Occupations Code, is
  amended to read as follows:
         Sec. 401.355.  CONTINUING EDUCATION. (a)  The commission by
  rule [board] shall establish uniform mandatory continuing
  education requirements. A license holder may not renew the
  person's license unless the person meets the continuing education
  requirements.
         (b)  The commission [board] shall establish the requirements
  in a manner that allows a license holder to comply without an
  extended absence from the license holder's county of residence.
         SECTION 1.076.  Section 401.401(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission [board] shall adopt rules necessary to
  enforce this section.
         SECTION 1.077.  Section 401.403(b), Occupations Code, is
  amended to read as follows:
         (b)  A person who meets the requirements of this chapter for
  licensing as an audiologist or audiologist intern and who fits and
  dispenses hearing instruments must:
               (1)  register with the department [board] the person's
  intention to fit and dispense hearing instruments;
               (2)  comply with the profession's code of ethics;
               (3)  comply with the federal Food and Drug
  Administration guidelines for fitting and dispensing hearing
  instruments;
               (4)  when providing services in this state, use a
  written contract that contains the department's [board's] name,
  mailing address, and telephone number; and
               (5)  follow the guidelines adopted by commission
  [board] rule for a 30-day trial period on every hearing instrument
  purchased.
         SECTION 1.078.  Section 401.451(a), Occupations Code, is
  amended to read as follows:
         (a)  After a hearing, the commission or executive director
  [board] may deny a license to an applicant or may suspend or revoke
  a person's license or place on probation a license holder if the
  applicant or license holder:
               (1)  violates this chapter or an order issued or rule
  adopted under this chapter [of the board];
               (2)  obtains a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (3)  sells, barters, or offers to sell or barter a
  license or certificate of registration; or
               (4)  engages in unprofessional conduct that:
                     (A)  endangers or is likely to endanger the
  health, welfare, or safety of the public as defined by commission
  [board] rule; or
                     (B)  violates the code of ethics adopted and
  published by the commission [board].
         SECTION 1.079.  Section 401.453(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or department [board] may deny a license
  or may suspend or revoke a license if the applicant or license
  holder has been convicted of a misdemeanor involving moral
  turpitude or a felony. The commission or department [board] may
  take action authorized by this section when:
               (1)  the time for appeal of the person's conviction has
  elapsed;
               (2)  the judgment or conviction has been affirmed on
  appeal; or
               (3)  an order granting probation is made suspending the
  imposition of the person's sentence, without regard to whether a
  subsequent order:
                     (A)  allows a withdrawal of a plea of guilty;
                     (B)  sets aside a verdict of guilty; or
                     (C)  dismisses an information or indictment.
         SECTION 1.080.  Section 401.5021, Occupations Code, is
  amended to read as follows:
         Sec. 401.5021.  [BOARD-ORDERED] REFUND.  The commission or
  executive director [board] may order an audiologist to pay a refund
  to a consumer who returns a hearing instrument during the 30-day
  trial period required by rules adopted under Section 401.2021.
         SECTION 1.081.  Section 401.552(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.082.  Section 402.001, Occupations Code, is
  amended by amending Subdivisions (2), (3), and (6), amending
  Subdivision (3-a), as added by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, and adding Subdivision (1) to
  read as follows:
               (1)  "Advisory board" means the Hearing Instrument
  Fitters and Dispensers Advisory Board.
               (2)  "Commission" ["Committee"] means the Texas
  Commission of Licensing and Regulation [State Committee of
  Examiners in the Fitting and Dispensing of Hearing Instruments].
               (3)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (3-a)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
               (6)  "License" means a license issued by the department
  [committee] under this chapter to a person authorized to fit and
  dispense hearing instruments.
         SECTION 1.083.  The heading to Subchapter B, Chapter 402,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  HEARING INSTRUMENT FITTERS AND DISPENSERS ADVISORY
  BOARD [STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING
  OF HEARING INSTRUMENTS]
         SECTION 1.084.  Section 402.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 402.051.  ADVISORY BOARD [COMMITTEE;] MEMBERSHIP.
  (a)  The advisory board [State Committee of Examiners in the
  Fitting and Dispensing of Hearing Instruments is part of the
  department and] consists of nine members appointed by the presiding
  officer of the commission [governor] with the approval [advice and
  consent] of the commission [senate] as follows:
               (1)  six members licensed under this chapter who have
  been residents of this state actually engaged in fitting and
  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)  has been a resident of this state for at least
  two years preceding appointment;
                     (B)  is a citizen of the United States; and
                     (C)  specializes in the practice of
  otolaryngology; and
               (3)  two members of the public.
         (b)  Appointments to the advisory board [committee] shall be
  made without regard to the race, creed, sex, religion, or national
  origin of the appointee.
         SECTION 1.085.  Subchapter B, Chapter 402, Occupations Code,
  is amended by adding Section 402.0511 to read as follows:
         Sec. 402.0511.  DUTIES OF ADVISORY BOARD. The advisory
  board shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         SECTION 1.086.  Section 402.055, Occupations Code, is
  amended to read as follows:
         Sec. 402.055.  TERMS; VACANCIES. (a)  Members of the
  advisory board [committee] serve staggered six-year terms. The
  terms of three members expire on February 1 of each odd-numbered
  year.
         (b)  If a vacancy occurs 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 [A
  member who has served two full consecutive terms on the committee is
  not eligible for reappointment to the committee for the 12 months
  following the expiration of the second full term].
         [(c)     In the event of the death, resignation, or removal of a
  member, the governor shall fill the vacancy of the unexpired term in
  the same manner as other appointments.]
         SECTION 1.087.  Section 402.057, Occupations Code, is
  amended to read as follows:
         Sec. 402.057.  PRESIDING OFFICER [OFFICERS]. [(a)]  The
  presiding officer of the commission [governor] shall designate a
  member of the advisory board to serve [committee] as the presiding
  officer of the advisory board for a term of [committee to serve in
  that capacity at the will of the governor.
         [(b)  The term of office as an officer of the committee is]
  one year. The presiding officer of the advisory board may vote on
  any matter before the advisory board.
         SECTION 1.088.  Section 402.058, Occupations Code, is
  amended to read as follows:
         Sec. 402.058.  MEETINGS. [(a)]  The advisory board
  [committee] shall meet [hold regular meetings at least twice a
  year.
         [(b)  A special meeting of the committee shall be held] at
  the call of the presiding officer of the commission or the executive
  director [a majority of the members].
         SECTION 1.089.  The heading to Subchapter C, Chapter 402,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  [COMMITTEE] POWERS AND DUTIES
         SECTION 1.090.  Section 402.101, Occupations Code, is
  amended to read as follows:
         Sec. 402.101.  GENERAL POWERS AND DUTIES. (a)  The
  executive director [With the assistance of the department, the
  committee] shall[:
               [(1)]  administer[, coordinate,] and enforce this
  chapter.
         (b)  The department shall:
               (1)  [;
               [(2)]  evaluate the qualifications of applicants;
               (2) [(3)]  examine applicants; and
               (3) [(4)]  in connection with a hearing under this
  chapter [Section 402.502], issue subpoenas, examine witnesses, and
  administer oaths under the laws of this state[; and
               [(5)     conduct hearings and keep records and minutes
  necessary to the orderly administration of this chapter].
         SECTION 1.091.  Section 402.1021, Occupations Code, is
  amended to read as follows:
         Sec. 402.1021.  [JOINT] RULES FOR HEARING INSTRUMENTS.  With
  the assistance of the advisory board and the Speech-Language
  Pathologists and Audiologists Advisory Board [department], the
  commission [committee and the State Board of Examiners for
  Speech-Language Pathology and Audiology] shall [jointly] adopt
  rules to establish requirements for each sale of a hearing
  instrument for purposes of this chapter and Chapter 401.  The rules
  must:
               (1)  address:
                     (A)  the information and other provisions
  required in each written contract for the purchase of a hearing
  instrument;
                     (B)  records that must be retained under this
  chapter or Chapter 401; and
                     (C)  guidelines for the 30-day trial period during
  which a person may cancel the purchase of a hearing instrument; and
               (2)  require that the written contract and 30-day trial
  period information provided to a purchaser of a hearing instrument
  be in plain language designed to be easily understood by the average
  consumer.
         SECTION 1.092.  Section 402.1023, Occupations Code, is
  amended to read as follows:
         Sec. 402.1023.  [JOINT] RULES FOR FITTING AND DISPENSING OF
  HEARING INSTRUMENTS BY TELEPRACTICE.  (a)  In this section,
  "telepractice" means the use of telecommunications technology by a
  license holder for the fitting and dispensing of hearing
  instruments.
         (b)  With the assistance of the advisory board and the
  Speech-Language Pathologists and Audiologists Advisory Board
  [department], the commission [committee and the State Board of
  Examiners for Speech-Language Pathology and Audiology] shall
  [jointly] adopt rules to establish requirements for the fitting and
  dispensing of hearing instruments by the use of telepractice for
  purposes of this chapter and Chapter 401, including rules that
  establish the qualifications and duties of license holders who use
  telepractice.
         SECTION 1.093.  The heading to Section 402.103, Occupations
  Code, is amended to read as follows:
         Sec. 402.103.  FALSE, MISLEADING, OR DECEPTIVE [RULES
  RESTRICTING] ADVERTISING [OR COMPETITIVE BIDDING].
         SECTION 1.094.  Section 402.103(c), Occupations Code, is
  amended to read as follows:
         (c)  For purposes of Section 51.204, an [An] advertisement is
  false, misleading, or deceptive if the advertisement:
               (1)  contains a misrepresentation of fact;
               (2)  contains a false statement as to the license
  holder's professional achievements, education, skills, or
  qualifications in the hearing instrument dispensing profession;
               (3)  makes a partial disclosure of relevant fact,
  including the advertisement of:
                     (A)  a discounted price of an item without
  identifying in the advertisement or at the location of the item:
                           (i)  the specific product being offered at
  the discounted price; or
                           (ii)  the usual price of the item; and
                     (B)  the price of a specifically identified
  hearing instrument, if more than one hearing instrument appears in
  the same advertisement without an accompanying price;
               (4)  contains a representation that a product
  innovation is new, if the product was first offered by the
  manufacturer to the general public in this state not less than 12
  months before the date of the advertisement;
               (5)  states that the license holder manufactures
  hearing instruments at the license holder's office location unless
  the next statement discloses that the instruments are manufactured
  by a specified manufacturer and remanufactured by the license
  holder; or
               (6)  contains any other representation, statement, or
  claim that is inherently misleading or deceptive.
         SECTION 1.095.  Sections 402.104(a) and (e), Occupations
  Code, are amended to read as follows:
         (a)  The department [committee] shall develop and maintain
  an examination that may include written, oral, or practical
  tests.  The department shall administer or arrange for the
  administration of the examination.
         (e)  The commission [committee] by rule shall establish the
  qualifications for a proctor.  The rules must:
               (1)  require a proctor to be licensed in good standing
  as a hearing instrument fitter and dispenser;
               (2)  specify the number of years a proctor must be
  licensed as a hearing instrument fitter and dispenser; and
               (3)  specify the disciplinary actions or other actions
  that disqualify a person from serving as a proctor.
         SECTION 1.096.  Section 402.152, Occupations Code, is
  amended to read as follows:
         Sec. 402.152.  COMPLAINTS. (a)  Each license or permit
  holder under this chapter shall at all times prominently display in
  the person's place of business a sign containing:
               (1)  the name, mailing address, e-mail address, and
  telephone number of the department [committee]; and
               (2)  a statement informing consumers that a complaint
  against a license or permit holder may be directed to the department
  [committee].
         (b)  Each written contract for services in this state of a
  license holder [licensed hearing instrument dispenser] must
  contain the department's [committee's] name, mailing address,
  e-mail address, and telephone number.
         SECTION 1.097.  The heading to Section 402.154, Occupations
  Code, is amended to read as follows:
         Sec. 402.154.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [INVESTIGATION; SUBPOENA].
         SECTION 1.098.  Section 402.154, Occupations Code, is
  amended by amending Subsection (h), as amended by S.B. 219, Acts of
  the 84th Legislature, Regular Session, 2015, and Subsection (i) to
  read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [committee] in connection with a complaint and
  investigation are confidential and not subject to disclosure under
  Chapter 552, Government Code, and not subject to disclosure,
  discovery, subpoena, or other means of legal compulsion for their
  release to anyone other than the department [committee] or its
  agents or employees who are involved in discipline of the holder of
  a license, except that this information may be disclosed to:
               (1)  persons involved with the department [committee]
  in a disciplinary action against the holder of a license;
               (2)  professional licensing or disciplinary boards for
  the fitting and dispensing of hearing instruments in other
  jurisdictions;
               (3)  peer assistance programs approved by the
  commission [executive commissioner] under Chapter 467, Health and
  Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department
  [committee] against a holder of a license, the nature of those
  charges, disciplinary proceedings of the department, commission,
  or executive director [committee], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [committee] are not confidential and are
  subject to disclosure in accordance with Chapter 552, Government
  Code.
         SECTION 1.099.  Section 402.202(a), Occupations Code, is
  amended to read as follows:
         (a)  To engage in fitting and dispensing hearing instruments
  in this state a person must pass an examination required by the
  department [committee].
         SECTION 1.100.  Sections 402.203(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  An applicant for examination must:
               (1)  apply to the department in the manner and
  [committee] on a form prescribed [provided] by the executive
  director [committee];
               (2)  provide [on the form]:
                     (A)  documentation [sworn evidence] that the
  applicant is at least 18 years of [has attained the] age [of
  majority] and has graduated from an accredited high school or
  equivalent; and
                     (B)  other information determined necessary by
  the department [committee]; and
               (3)  pay any required fees for application and
  examination.
         (c)  The department [committee] may refuse to examine an
  applicant who has been convicted of a misdemeanor that involves
  moral turpitude or a felony.
         SECTION 1.101.  Section 402.205(b), Occupations Code, is
  amended to read as follows:
         (b)  An examination shall be conducted in writing and by
  other means the department [committee] determines adequate to
  ascertain the qualifications of applicants.
         SECTION 1.102.  Section 402.207, Occupations Code, is
  amended to read as follows:
         Sec. 402.207.  ISSUANCE OF APPRENTICE PERMIT. (a)  The
  department [committee] shall issue an apprentice permit to fit and
  dispense hearing instruments to a temporary training permit holder
  who has:
               (1)  passed all parts of the examination with a score of
  70 percent or greater;
               (2)  paid the required fees; and
               (3)  met all requirements of this chapter.
         (b)  An apprentice permit is valid for one year. The
  department [committee] may extend the apprentice permit for an
  additional period not to exceed one year [six months].
         (c)  An apprentice permit holder shall work under the
  supervision of a license holder [licensed hearing instrument
  dispenser] for at least one year.  During the apprentice year, the
  apprentice permit holder shall complete 20 hours of classroom
  continuing education as required by Section 402.303 for a license
  holder.
         SECTION 1.103.  Section 402.208, Occupations Code, is
  amended to read as follows:
         Sec. 402.208.  ISSUANCE OF LICENSE. The department
  [committee] shall issue a [hearing instrument dispenser's] license
  to an apprentice permit holder when the department [committee] has
  received sufficient evidence that the apprentice permit holder has
  met all the licensing requirements of this chapter.
         SECTION 1.104.  Sections 402.209(a), (c), (e), (f), and (i),
  Occupations Code, are amended to read as follows:
         (a)  A person licensed to fit and dispense hearing
  instruments in another state may apply for a license under this
  chapter by submitting a completed [an] application on a form
  prescribed by the department [committee].
         (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 and has held the license for at least
  three years preceding the date of application;
               (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 [committee] by rule; or
                     (B)  the applicant holds a certification from a
  professional organization approved by the commission [committee]
  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 [committee].
         (e)  If the department approves an application, on the next
  regularly scheduled examination date the applicant may take the
  practical section of the examination required under Section 402.202
  and a written examination of Texas law administered by the
  department.  If the applicant passes the examinations required
  under this section, the department [committee] shall issue to the
  applicant a license under this chapter.
         (f)  The department may allow an applicant under this section
  who satisfies all application requirements other than the
  requirement under Subsection (c)(2) to take all sections of the
  examination required under Section 402.202.  If the applicant
  passes the examination, the department [committee] shall issue to
  the applicant a license under this chapter.
         (i)  The department [committee] may not issue a license under
  this section to an applicant who is a licensed audiologist in
  another state. The department [committee] shall inform [refer] the
  applicant of [to] the licensing requirements of Chapter 401 [State
  Board of Examiners for Speech-Language Pathology and Audiology].
         SECTION 1.105.  Section 402.210, Occupations Code, is
  amended to read as follows:
         Sec. 402.210.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE ISSUANCE. (a)  The department [committee]
  shall require that an applicant for a license submit a complete and
  legible set of fingerprints, on a form prescribed by the department
  [committee], to the department [committee] or to the Department of
  Public Safety for the purpose of obtaining criminal history record
  information from the Department of Public Safety and the Federal
  Bureau of Investigation.
         (b)  The department [committee] may not issue a license to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The department [committee] shall conduct a criminal
  history check of each applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the department [committee] by
  the Department of Public Safety, the Federal Bureau of
  Investigation, and any other criminal justice agency under Chapter
  411, Government Code.
         (d)  The department [on behalf of the committee] may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history 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 check.
         SECTION 1.106.  Section 402.251, Occupations Code, is
  amended to read as follows:
         Sec. 402.251.  TEMPORARY TRAINING PERMIT QUALIFICATIONS.
  (a)  The department [committee] shall issue a temporary training
  permit to a person who:
               (1)  has never taken the examination administered under
  this chapter;
               (2)  possesses the qualifications required under
  Section 402.203(a);
               (3)  submits a written application on a form prescribed
  [provided] by the department [committee] furnishing documentation
  [sworn evidence] that the applicant satisfies the requirements of
  Subdivisions (1) and (2); and
               (4)  pays any required [the temporary training permit]
  fee.
         (b)  The department [committee] may issue a new temporary
  training permit under this section to a person on or after the 365th
  day after the person's previous temporary training permit expired.
         SECTION 1.107.  Section 402.252, Occupations Code, is
  amended to read as follows:
         Sec. 402.252.  SUPERVISION STATEMENT [AFFIDAVIT]. (a)  An
  application for a temporary training permit must be accompanied by
  the statement [affidavit] of a person licensed to fit and dispense
  hearing instruments under this chapter or Chapter 401, other than a
  person licensed under Section 401.311 or 401.312.
         (b)  The statement must be on a form prescribed by the
  department and [affidavit must] state that:
               (1)  the person will supervise the applicant[, if
  granted a temporary training permit, will be supervised by the
  affiant] in all work done by the applicant under the temporary
  training permit;
               (2)  the person [affiant] will notify the department
  [committee] not later than the 10th day after the date of the
  applicant's termination of supervision by the person [affiant]; and
               (3)  if the person [affiant] is licensed under Chapter
  401, the person [affiant] will comply with all provisions of this
  chapter and rules adopted under this chapter that relate to the
  supervision and training of a temporary training permit holder.
         SECTION 1.108.  Sections 402.253(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A temporary training permit automatically expires on
  the first anniversary of the date of issuance unless the department
  [committee] extends the permit for an additional period not to
  exceed one year [six months].
         (c)  The department [committee] may not extend a temporary
  training permit more than once.
         SECTION 1.109.  Section 402.254(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission by rule [committee] shall establish
  formal and practical education guidelines for the training of
  temporary training permit holders.
         SECTION 1.110.  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 [provided] by the
  department [committee]. After the temporary training permit holder
  has completed 150 contact hours, the supervisor and the permit
  holder shall sign the form, and the form shall be notarized and
  mailed to the department [committee].
         SECTION 1.111.  Section 402.256, Occupations Code, is
  amended to read as follows:
         Sec. 402.256.  AUTHORITY OF TEMPORARY TRAINING PERMIT
  HOLDER. (a)  A temporary training permit holder may provide
  routine fitting and dispensing of hearing instruments that have
  [has] been ordered by the supervisor. The supervisor is the sole
  judge of whether the permit holder has the qualifications necessary
  to perform routine fitting and dispensing. A supervisor is
  accountable to the department [committee] for the actions and
  misdeeds of a temporary training permit holder acting at the
  supervisor's discretion.
         (b)  A temporary training permit holder may not:
               (1)  own, manage, or independently operate a business
  that engages in the fitting or sale of hearing instruments; or
               (2)  advertise or otherwise represent that the permit
  holder holds a license under this chapter [as a hearing instrument
  dispenser].
         SECTION 1.112.  Sections 402.257(a), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  On the request of a supervisor or temporary training
  permit holder, the department [committee] may approve a transfer of
  a permit holder from the permit holder's supervisor to another
  eligible supervisor before completion of the training.
         (c)  The department [committee] may approve a second
  transfer request before completion of the training only under
  exceptional circumstances. The department [committee] may not
  approve more than two transfers.
         (d)  If a transfer is approved, credit may be transferred at
  the discretion of the department [committee].
         SECTION 1.113.  Sections 402.301(a) and (f), Occupations
  Code, are amended to read as follows:
         (a)  A license under this chapter is valid for two years.  The
  department [committee] shall renew the license every two years on
  payment of the renewal fee unless the license is suspended or
  revoked.
         (f)  The department [committee] may not renew a license
  unless the license holder provides proof that all equipment that is
  used by the license holder to produce a measurement in the testing
  of hearing acuity has been properly calibrated or certified by a
  qualified technician.
         SECTION 1.114.  Sections 402.303(a), (b), (c), (d), and
  (e-1), Occupations Code, are amended to read as follows:
         (a)  The commission [committee] by rule shall adopt
  requirements for the continuing education of a license holder,
  including online continuing education requirements and a
  requirement that a license holder complete 20 hours of continuing
  education every two years.  The department [committee] may not
  renew a license unless the license holder demonstrates compliance
  with the continuing education requirements established by the
  commission by rule [committee].
         (b)  A license holder shall provide written proof of
  attendance or completion of an approved course on a form prescribed
  by the department [committee].
         (c)  The department [committee] may waive compliance with
  the continuing education requirement for license renewal for a
  license holder who provides evidence of hardship or inability to
  meet the requirement. The waiver may be granted after review by the
  department [committee] on an annual basis.
         (d)  The commission [committee] shall adopt rules to
  establish reasonable requirements for continuing education
  sponsors and courses and to clearly define what constitutes a
  manufacturer or nonmanufacturer sponsor.  The department shall
  review and approve continuing education sponsor and course
  applications.  The department may request assistance from licensed
  members of the advisory board [committee] in approving a sponsor or
  course.  The department must provide a list of approved continuing
  education sponsors and continuing education courses, including
  online courses.  The list must be revised and updated periodically.  
  Any continuing education activity must be provided by an approved
  sponsor.  The department shall approve at least five hours of
  specific courses each year.
         (e-1)  The department [committee] must allow a license
  holder to report at least 10 hours of online continuing education
  credit hours in a single reporting period.
         SECTION 1.115.  Section 402.304(b), Occupations Code, is
  amended to read as follows:
         (b)  A license holder may be credited with continuing
  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 [continuing education
  committee] 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 1.116.  Section 402.305, Occupations Code, is
  amended to read as follows:
         Sec. 402.305.  CONTINUING EDUCATION EXEMPTIONS.  The
  department [committee] may renew the license of a license holder
  who does not comply with the continuing education requirements of
  Section [Sections] 402.303 or 402.304 if the license holder:
               (1)  was licensed for the first time during the 24
  months before the reporting date;
               (2)  has served in the regular armed forces of the
  United States during part of the 24 months before the reporting
  date; or
               (3)  submits proof from an attending physician that 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 1.117.  Section 402.306, Occupations Code, is
  amended to read as follows:
         Sec. 402.306.  DUPLICATE LICENSE. The department
  [committee] shall issue a duplicate license to a license holder
  whose license has been lost or destroyed. The department
  [committee] may prescribe the procedure and requirements for
  issuance of a duplicate license.
         SECTION 1.118.  Section 402.351, Occupations Code, is
  amended to read as follows:
         Sec. 402.351.  DISPLAY OF LICENSE. A person engaged in
  fitting and dispensing hearing instruments shall display the
  person's license in a conspicuous place in the person's principal
  office and, when required, shall exhibit the license to the
  department [committee] or its authorized representative.
         SECTION 1.119.  Section 402.353(c), Occupations Code, is
  amended to read as follows:
         (c)  The commission [committee] shall adopt rules necessary
  to enforce this section.
         SECTION 1.120.  Section 402.401, Occupations Code, is
  amended to read as follows:
         Sec. 402.401.  TRIAL PERIOD. The commission by rule
  [committee] shall establish guidelines for a 30-day trial period
  during which a person may cancel the purchase of a hearing
  instrument.
         SECTION 1.121.  Section 402.403, Occupations Code, is
  amended to read as follows:
         Sec. 402.403.  WRITTEN CONTRACT. The owner of a hearing
  instrument fitting and dispensing practice shall ensure that each
  client receives a written contract at the time of purchase of a
  hearing instrument that contains:
               (1)  the signature of the license holder who dispensed
  the hearing instrument;
               (2)  the printed name of the license holder who
  dispensed the hearing instrument;
               (3)  the address of the principal office of the license
  holder who dispensed the hearing instrument;
               (4)  the license number of the license holder who
  dispensed the hearing instrument;
               (5)  a description of the make and model of the hearing
  instrument;
               (6)  the amount charged for the hearing instrument;
               (7)  a statement of whether the hearing instrument is
  new, used, or rebuilt;
               (8)  notice of the 30-day trial period under Section
  402.401; and
               (9)  the name, mailing address, e-mail address, and
  telephone number of the department [committee].
         SECTION 1.122.  Section 402.404, Occupations Code, is
  amended to read as follows:
         Sec. 402.404.  SURETY BONDING. (a)  A sole proprietor,
  partnership, corporation, or other legal entity engaged in the
  fitting and dispensing of hearing instruments shall file with the
  department [committee] security in a form provided by Subsection
  (b) in the amount of $10,000 and conditioned on the promise to pay
  all:
               (1)  taxes and contributions owed to the state and
  political subdivisions of the state by the entity; and
               (2)  judgments that the entity may be required to pay
  for:
                     (A)  negligently or improperly dispensing hearing
  instruments; or
                     (B)  breaching a contract relating to the
  dispensing of hearing instruments.
         (b)  The security may be a bond, a cash deposit, or another
  negotiable security acceptable to the department [committee].
         (c)  A bond required by this section remains in effect until
  canceled by action of the surety, the principal, or the department
  [committee]. A person must take action on the bond not later than
  the third anniversary of the date the bond is canceled.
         SECTION 1.123.  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 [committee] for a license, a temporary training
  permit, or the renewal of a license;
               (4)  falsely impersonate a license holder;
               (5)  engage in the fitting and dispensing of hearing
  instruments when the person's license is suspended or revoked;
               (6)  dispense or fit a hearing instrument on a person
  who has ordered the hearing instrument or device by mail unless the
  person dispensing or fitting is a license holder under this chapter
  or under Chapter 401; or
               (7)  sell a hearing instrument by mail.
         SECTION 1.124.  Section 402.501, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 402.501.  GROUNDS FOR LICENSE DENIAL AND DISCIPLINARY
  ACTION. The commission or executive director [committee] may
  refuse to issue or renew a license, revoke or suspend a license or
  permit, place on probation a person whose license or permit has been
  suspended, or reprimand a license or permit holder who:
               (1)  makes a material misstatement in furnishing
  information to the department [committee] or to another state or
  federal agency;
               (2)  violates this chapter or a rule adopted under this
  chapter;
               (3)  is convicted of a felony or misdemeanor that
  includes dishonesty as an essential element or of a crime directly
  related to the practice of fitting and dispensing hearing
  instruments;
               (4)  makes a misrepresentation for the purpose of
  obtaining or renewing a license, including falsifying the
  educational requirements under this chapter;
               (5)  is professionally incompetent or engages in
  malpractice or dishonorable, unethical, or unprofessional conduct
  that is likely to deceive, defraud, or harm the public;
               (6)  aids or assists another person in violating this
  chapter or a rule adopted under this chapter;
               (7)  does not provide information in response to a
  written request made by the department within 60 days;
               (8)  directly or indirectly knowingly employs, hires,
  procures, or induces a person not licensed under this chapter to fit
  and dispense hearing instruments unless the person is exempt under
  this chapter;
               (9)  aids a person not licensed under this chapter in
  the fitting or dispensing of hearing instruments unless the person
  is exempt under this chapter;
               (10)  is habitually intoxicated or addicted to a
  controlled substance;
               (11)  directly or indirectly gives to or receives from
  a person a fee, commission, rebate, or other form of compensation
  for a service not actually provided;
               (12)  violates a term of probation;
               (13)  wilfully makes or files a false record or report;
               (14)  has a physical illness that results in the
  inability to practice the profession with reasonable judgment,
  skill, or safety, including the deterioration or loss of motor
  skills through aging;
               (15)  solicits a service by advertising that is false
  or misleading;
               (16)  participates in subterfuge or misrepresentation
  in the fitting or dispensing of a hearing instrument;
               (17)  knowingly advertises for sale a model or type of
  hearing instrument that cannot be purchased;
               (18)  falsely represents that the service of a licensed
  physician or other health professional will be used or made
  available in the fitting, adjustment, maintenance, or repair of a
  hearing instrument;
               (19)  falsely uses the term "doctor," "audiologist,"
  "clinic," "clinical audiologist," "state licensed," "state
  certified," "licensed hearing instrument dispenser," "board
  certified hearing instrument specialist," "hearing instrument
  specialist," or "certified hearing aid audiologist," or uses any
  other term, abbreviation, or symbol that falsely gives the
  impression that:
                     (A)  a service is being provided by a person who is
  licensed or has been awarded a degree or title; or
                     (B)  the person providing a service has been
  recommended by a government agency or health provider;
               (20)  advertises a manufacturer's product or uses a
  manufacturer's name or trademark in a way that implies a
  relationship between a license or permit holder and a manufacturer
  that does not exist;
               (21)  directly or indirectly gives or offers to give,
  or permits or causes to be given, money or another thing of value to
  a person who advises others in a professional capacity as an
  inducement to influence the person to influence the others to:
                     (A)  purchase or contract to purchase products
  sold or offered for sale by the license or permit holder; or
                     (B)  refrain from purchasing or contracting to
  purchase products sold or offered for sale by another license or
  permit holder under this chapter;
               (22)  with fraudulent intent fits and dispenses a
  hearing instrument under any name, including a false name or alias;
               (23)  does not adequately provide for the service or
  repair of a hearing instrument fitted and sold by the license
  holder; or
               (24)  violates a regulation of the federal Food and
  Drug Administration or the Federal Trade Commission relating to
  hearing instruments.
         SECTION 1.125.  The heading to Section 402.551, Occupations
  Code, is amended to read as follows:
         Sec. 402.551.  AMOUNT OF ADMINISTRATIVE PENALTY.
         SECTION 1.126.  Section 402.551(b), Occupations Code, is
  amended to read as follows:
         (b)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not exceed $250 plus costs for the first
  violation and $1,000 plus costs for each subsequent violation.
         SECTION 1.127.  Section 402.5521, Occupations Code, is
  amended to read as follows:
         Sec. 402.5521.  [COMMITTEE-ORDERED] REFUND FOR HEARING
  INSTRUMENT.  The commission or executive director [committee] may
  order a license holder to pay a refund to a consumer who returns a
  hearing instrument during the 30-day trial period required by rules
  adopted under Section 402.1021.
         SECTION 1.128.  Section 402.553(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who violates this chapter or a rule adopted or
  order issued [adopted by the committee] under this chapter is
  liable for a civil penalty not to exceed $5,000 a day.
         SECTION 1.129.  Section 403.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by adding Subdivision (1) and amending
  Subdivisions (2) and (3) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (2)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (3)  "Executive director" [commissioner"] means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.130.  Section 403.051, Occupations Code, is
  amended to read as follows:
         Sec. 403.051.  ADVISORY COMMITTEE. The department shall
  appoint an advisory committee to provide advice and recommendations
  to [advise] the department on technical matters relevant to the
  administration of [in administering] this chapter.
         SECTION 1.131.  Subchapter B, Chapter 403, Occupations Code,
  is amended by adding Section 403.0511 to read as follows:
         Sec. 403.0511.  GENERAL POWERS AND DUTIES. The executive
  director shall administer and enforce this chapter. 
         SECTION 1.132.  Section 403.052, Occupations Code, is
  amended to read as follows:
         Sec. 403.052.  STANDARDS OF ETHICAL PRACTICE [RULES]. The
  commission [executive commissioner] shall adopt rules [necessary
  to administer and enforce this chapter, including rules] that
  establish standards of ethical practice.
         SECTION 1.133.  Section 403.103(a), Occupations Code, is
  amended to read as follows:
         (a)  A license applicant must apply to the department on a
  form and in the manner prescribed by the executive director [the
  department prescribes].
         SECTION 1.134.  The heading to Section 403.107, Occupations
  Code, is amended to read as follows:
         Sec. 403.107.  EXAMINATION[; RULES].
         SECTION 1.135.  Section 403.107(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  To obtain a license, an applicant must:
               (1)  pass a written examination approved by the
  department under Subsection (b); and
               (2)  pay the required fees [set by the executive
  commissioner by rule].
         SECTION 1.136.  Sections 403.152(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  A license holder's license may not be renewed unless the
  license holder meets the continuing education requirements
  established by the commission by rule [executive commissioner].
         (b)  The commission [executive commissioner], in
  consultation with the advisory committee, shall establish the
  continuing education requirements in a manner that allows a license
  holder to comply without an extended absence from the license
  holder's county of residence.
         SECTION 1.137.  The heading to Subchapter E, Chapter 403,
  Occupations Code, is amended to read as follows:
         SUBCHAPTER E.  LICENSE DENIAL; [COMPLAINT AND] DISCIPLINARY
  PROCEDURES
         SECTION 1.138.  Section 403.202, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 403.202.  PROHIBITED ACTIONS. A license holder may
  not:
               (1)  obtain a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (2)  sell, barter, or offer to sell or barter a license;
  or
               (3)  engage in unprofessional conduct that endangers or
  is likely to endanger the health, welfare, or safety of the public
  as defined by commission [department] rule.
         SECTION 1.139.  Section 403.203, Occupations Code, is
  amended to read as follows:
         Sec. 403.203.  GROUNDS FOR DISCIPLINARY ACTION. If a
  license holder violates this chapter or a rule or code of ethics
  adopted by the commission [executive commissioner], the commission
  or executive director [department] shall:
               (1)  revoke or suspend the license;
               (2)  place on probation the person if the person's
  license has been suspended;
               (3)  reprimand the license holder; or
               (4)  refuse to renew the license.
         SECTION 1.140.  Section 403.204(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or executive director [department] may
  deny a license or may suspend or revoke a license if the applicant
  or license holder has been convicted of a misdemeanor involving
  moral turpitude or a felony.  The commission or executive director
  [department] may take action authorized by this section when:
               (1)  the time for appeal of the person's conviction has
  elapsed;
               (2)  the judgment or conviction has been affirmed on
  appeal; or
               (3)  an order granting probation is made suspending the
  imposition of the person's sentence, without regard to whether a
  subsequent order:
                     (A)  allows withdrawal of a plea of guilty;
                     (B)  sets aside a verdict of guilty; or
                     (C)  dismisses an information or indictment.
         SECTION 1.141.  Section 403.207(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission [executive commissioner], in
  consultation with the advisory committee, by rule shall adopt a
  broad schedule of sanctions for a violation of this chapter.
         SECTION 1.142.  Section 403.209, Occupations Code, is
  amended to read as follows:
         Sec. 403.209.  MONITORING OF LICENSE HOLDER. (a)  The
  commission [executive commissioner] by rule shall develop a system
  for monitoring a license holder's compliance with the requirements
  of this chapter.
         (b)  Rules adopted under this section must include
  procedures to:
               (1)  monitor for compliance a license holder who is
  ordered by the commission or executive director [department] to
  perform certain acts; and
               (2)  identify and monitor license holders who represent
  a risk to the public.
         SECTION 1.143.  Section 403.212, Occupations Code, is
  amended to read as follows:
         Sec. 403.212.  REPRIMAND; CONTINUING EDUCATION. (a)  In
  addition to other disciplinary action authorized by this
  subchapter, the commission or executive director [department] may:
               (1)  issue a written reprimand to a license holder who
  violates this chapter; or
               (2)  require that a license holder who violates this
  chapter attend continuing education programs.
         (b)  The commission or executive director [department], in
  consultation with the advisory committee, may specify the number of
  hours of continuing education that must be completed by a license
  holder to fulfill the requirement of Subsection (a)(2).
         SECTION 1.144.  The heading to Subchapter F, Chapter 403,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER F.  PENALTIES [AND OTHER ENFORCEMENT PROCEDURES]
         SECTION 1.145.  Section 403.251(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A person who violates this chapter or[,] a rule adopted
  [by the executive commissioner under this chapter,] or [an] order
  issued [adopted by the department] under this chapter is liable for
  a civil penalty not to exceed $500 for each occurrence.
         SECTION 1.146.  Section 451.001, Occupations Code, is
  amended by amending Subdivision (2), amending Subdivisions (5) and
  (6), as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, and adding Subdivision (7) to read as follows:
               (2)  "Athletic trainer" means a person who practices
  athletic training, is licensed by the department [board], and may
  use the initials "LAT," "LATC," and "AT" to designate the person as
  an athletic trainer. The terms "sports trainer" and "licensed
  athletic trainer" are equivalent to "athletic trainer."
               (5)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (6)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (7)  "Executive director" means the executive director
  of the department.
         SECTION 1.147.  Section 451.003, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 451.003.  APPLICABILITY. This chapter does not apply
  to:
               (1)  a physician licensed by the Texas Medical Board;
               (2)  a dentist, licensed under the laws of this state,
  engaged in the practice of dentistry;
               (3)  a licensed optometrist or therapeutic optometrist
  engaged in the practice of optometry or therapeutic optometry as
  defined by statute;
               (4)  an occupational therapist engaged in the practice
  of occupational therapy;
               (5)  a nurse engaged in the practice of nursing;
               (6)  a licensed podiatrist engaged in the practice of
  podiatry as defined by statute;
               (7)  a physical therapist engaged in the practice of
  physical therapy;
               (8)  a registered massage therapist engaged in the
  practice of massage therapy;
               (9)  a commissioned or contract physician, physical
  therapist, or physical therapist assistant in the United States
  Army, Navy, Air Force, or Public Health Service; or
               (10)  an athletic trainer who does not live in this
  state, who is licensed, registered, or certified by an authority
  recognized by the department [board], and who provides athletic
  training in this state for a period determined by the department
  [board].
         SECTION 1.148.  Section 451.051(b), Occupations Code, is
  amended to read as follows:
         (b)  The board consists of five members appointed by the
  presiding officer of the commission [governor] with the approval
  [advice and consent] of the commission [senate] as follows:
               (1)  three members who are athletic trainers; and
               (2)  two members who represent the public.
         SECTION 1.149.  Subchapter B, Chapter 451, Occupations Code,
  is amended by adding Section 451.0521 to read as follows:
         Sec. 451.0521.  DUTIES OF BOARD. The board shall provide
  advice and recommendations to the department on technical matters
  relevant to the administration of this chapter.
         SECTION 1.150.  Section 451.053(b), Occupations Code, is
  amended to read as follows:
         (b)  If a vacancy occurs on the board, the presiding officer
  of the commission, with the commission's approval, [governor] shall
  appoint a replacement who meets the qualifications for the vacant
  position [successor] to serve for the unexpired portion of the
  term.
         SECTION 1.151.  Section 451.055, Occupations Code, is
  amended to read as follows:
         Sec. 451.055.  PRESIDING OFFICER [OFFICERS]. [(a)]  The
  presiding officer of the commission [governor] shall designate a
  member of the board [as the board's presiding officer] to serve as
  the presiding officer of the board for [in that capacity at the will
  of the governor. The board shall elect an assistant presiding
  officer and secretary-treasurer from its members. The assistant
  presiding officer and secretary-treasurer serve] a one-year term.
  The presiding officer of the board may vote on any matter before the
  board.
         SECTION 1.152.  Section 451.056, Occupations Code, is
  amended to read as follows:
         Sec. 451.056.  MEETINGS. The board shall meet at [least
  twice a year. The board may hold additional meetings on] the call
  of the presiding officer of the commission or the executive
  director [at the written request of any three members of the board].
         SECTION 1.153.  The heading to Subchapter C, Chapter 451,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  [BOARD] POWERS AND DUTIES
         SECTION 1.154.  Section 451.101, Occupations Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  The executive director shall administer and enforce
  this chapter.
         (a-1)  The department [board] shall:
               (1)  adopt an official seal;
               (2)  prescribe the application form for a license
  applicant;
               (3)  prescribe a suitable form for a license
  certificate; [and]
               (4)  prepare and conduct an examination for license
  applicants;
               (5)  maintain a complete record of all licensed
  athletic trainers; and
               (6)  annually prepare a roster showing the names and
  addresses of all licensed athletic trainers.
         (a-2)  The department shall make a copy of the roster
  available to any person requesting it on payment of a fee
  established by the department in an amount sufficient to cover the
  cost of the roster.
         SECTION 1.155.  The heading to Section 451.110, Occupations
  Code, is amended to read as follows:
         Sec. 451.110.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [SUBPOENAS].
         SECTION 1.156.  Sections 451.110(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [board] in connection with a complaint and
  investigation are confidential and not subject to disclosure under
  Chapter 552, Government Code, and not subject to disclosure,
  discovery, subpoena, or other means of legal compulsion for their
  release to anyone other than the department [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  athletic trainer licensing or disciplinary boards
  in other jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department [board]
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the department, commission, or
  executive director [board], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [board] are not confidential and are subject
  to disclosure in accordance with Chapter 552, Government Code.
         SECTION 1.157.  Section 451.152, Occupations Code, is
  amended to read as follows:
         Sec. 451.152.  LICENSE APPLICATION. An applicant for an
  athletic trainer license must submit to the department [board]:
               (1)  an application in the manner and on a form
  prescribed by the executive director [board]; and
               (2)  the required examination fee.
         SECTION 1.158.  Section 451.153, Occupations Code, is
  amended to read as follows:
         Sec. 451.153.  APPLICANT QUALIFICATIONS. (a)  An applicant
  for an athletic trainer license must:
               (1)  have met the athletic training curriculum
  requirements of a college or university approved by the commission
  [board] and give proof of graduation;
               (2)  hold a degree or certificate in physical therapy
  and have completed:
                     (A)  a basic athletic training course from an
  accredited college or university; and
                     (B)  an apprenticeship described by Subsection
  (b); or
               (3)  have a degree in corrective therapy with at least a
  minor in physical education or health that includes a basic
  athletic training course and meet the apprenticeship requirement or
  any other requirement established by the commission [board].
         (b)  The apprenticeship required to be completed by an
  applicant consists of 720 hours completed in two years under the
  direct supervision of a licensed athletic trainer acceptable to the
  department [board]. Actual working hours include a minimum of 20
  hours a week during each fall semester.
         SECTION 1.159.  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 [satisfactorily completes] the examination
  required [administered] by the department [board];
               (3)  pays the required license fee; and
               (4)  has not committed an act that constitutes grounds
  for refusal of a license under Section 451.251.
         SECTION 1.160.  Section 451.157, Occupations Code, is
  amended to read as follows:
         Sec. 451.157.  TEMPORARY LICENSE. (a)  The department
  [board] may issue a temporary license to an applicant if the
  applicant satisfies:
               (1)  the requirements of Section 451.153 or 451.154;
  and
               (2)  any other requirement established by the
  commission [board].
         (b)  The commission [board] by rule shall prescribe the time
  during which a temporary license is valid.
         SECTION 1.161.  The heading to Section 451.201, Occupations
  Code, is amended to read as follows:
         Sec. 451.201.  LICENSE EXPIRATION; RENEWAL.
         SECTION 1.162.  Section 451.201(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A license issued under Section 451.156 expires on the
  second anniversary of the date of issuance and may be renewed
  biennially.
         SECTION 1.163.  Section 451.251(a), Occupations Code, is
  amended to read as follows:
         (a)  The commission or executive director [board] may refuse
  to issue a license to an applicant and shall reprimand a license
  holder or suspend, revoke, or refuse to renew a person's license if
  the person:
               (1)  has been convicted of a misdemeanor involving
  moral turpitude or a felony;
               (2)  obtained the license by fraud or deceit;
               (3)  violated or conspired to violate this chapter or a
  rule adopted under this chapter; or
               (4)  provided services outside the scope of practice of
  athletic training.
         SECTION 1.164.  The heading to Section 451.351, Occupations
  Code, is amended to read as follows:
         Sec. 451.351.  AMOUNT [IMPOSITION] OF ADMINISTRATIVE
  PENALTY.
         SECTION 1.165.  Section 451.351(c), Occupations Code, is
  amended to read as follows:
         (c)  The amount of an administrative [the] penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not exceed $500 for each violation, and each
  day a violation continues or occurs is a separate violation for
  purposes of imposing a penalty. The total amount of the penalty
  assessed for a violation continuing or occurring on separate days
  under this subsection may not exceed $2,500.
         SECTION 1.166.  Section 605.002, Occupations Code, is
  amended by amending Subdivision (1), amending Subdivision (5), as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, and adding Subdivisions (2) and (5-a) to read as follows:
               (1)  "Advisory board" ["Board"] means the Orthotists
  and Prosthetists Advisory [Texas] Board [of Orthotics and
  Prosthetics].
               (2)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (5)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (5-a)  "Executive director" means the executive
  director of the department.
         SECTION 1.167.  The heading to Subchapter B, Chapter 605,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  ORTHOTISTS AND PROSTHETISTS ADVISORY [TEXAS] BOARD
  [OF ORTHOTICS AND PROSTHETICS]
         SECTION 1.168.  Section 605.052, Occupations Code, is
  amended to read as follows:
         Sec. 605.052.  ADVISORY [APPOINTMENT OF] BOARD[;]
  MEMBERSHIP. (a)  The advisory board consists of seven members
  appointed by the presiding officer of the commission [governor]
  with the approval [advice and consent] of the commission [senate]
  as follows:
               (1)  two [one] licensed orthotist members [member] who
  each have [has] practiced orthotics for the five years preceding
  the date of appointment;
               (2)  two [one] licensed prosthetist members [member]
  who each have [has] practiced prosthetics for the five years
  preceding the date of appointment;
               (3)  one licensed prosthetist orthotist member who has
  practiced orthotics and prosthetics for the five years preceding
  the date of appointment;
               (4)  one member who is a representative of the public
  who uses an orthosis; and
               (5)  one member who is a representative of the public
  who uses a prosthesis[; and
               [(6)     two members who are representatives of the public
  who do not use an orthosis or prosthesis].
         (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.
         SECTION 1.169.  Subchapter B, Chapter 605, Occupations Code,
  is amended by adding Section 605.0521 to read as follows:
         Sec. 605.0521.  DUTIES OF ADVISORY BOARD. The advisory
  board shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         SECTION 1.170.  Section 605.055, Occupations Code, is
  amended to read as follows:
         Sec. 605.055.  TERMS; VACANCY. (a)  Members of the advisory
  board serve staggered six-year terms. The terms of two or three
  members expire on February 1 of each odd-numbered year.
         (b)  If a vacancy occurs during a member's term, the
  presiding officer of the commission, with the commission's
  approval, [governor] shall appoint a replacement who meets the
  qualifications for the vacant position [person] to serve for the
  remainder of the term.
         SECTION 1.171.  Section 605.056, Occupations Code, is
  amended to read as follows:
         Sec. 605.056.  PRESIDING OFFICER [OFFICERS]. The members of
  the advisory board shall elect from the advisory board's membership
  a presiding officer of the advisory board to serve for a term of one
  year. The presiding officer of the advisory board may vote on any
  matter before the advisory board[, a secretary, and other officers
  as required to conduct the board's business].
         SECTION 1.172.  Section 605.059, Occupations Code, is
  amended by amending Subsection (b) and adding Subsections (c) and
  (d) to read as follows:
         (b)  The advisory [A special meeting of the] board shall meet
  at the call of [be called by] the presiding officer of the
  commission or the executive director [or on the written request of
  any three members].
         (c)  Four or more advisory board members may call a special
  meeting of the advisory board by providing written notice not less
  than 14 days before the date of the meeting to:
               (1)  the presiding officer of the commission;
               (2)  the executive director; and
               (3)  all other members of the advisory board.
         (d)  Not more than two special meetings of the advisory board
  may be called under Subsection (c) in a calendar year.
         SECTION 1.173.  Section 605.151, Occupations Code, is
  amended to read as follows:
         Sec. 605.151.  GENERAL POWERS AND DUTIES [OF BOARD]. The
  executive director shall administer and enforce this chapter [board
  may:
               [(1)  investigate complaints;
               [(2)  issue, suspend, deny, and revoke licenses;
               [(3)     reprimand license holders and place license
  holders on probation;
               [(4)     in connection with a hearing under Section
  605.353, issue subpoenas;
               [(5)  hold hearings; and
               [(6)     use personnel, facilities, furniture, equipment,
  and other items supplied by the department to administer this
  chapter].
         SECTION 1.174.  Section 605.155, Occupations Code, is
  amended to read as follows:
         Sec. 605.155.  EXAMINATIONS. The department [board] must
  approve any examination required for a license under this chapter.
  Each examination shall be offered at least once each year.
         SECTION 1.175.  The heading to Subchapter E, Chapter 605,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER E.  [PUBLIC INTEREST INFORMATION AND] COMPLAINT
  INFORMATION [PROCEDURES]
         SECTION 1.176.  The heading to Section 605.2021, Occupations
  Code, is amended to read as follows:
         Sec. 605.2021.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [SUBPOENAS].
         SECTION 1.177.  Sections 605.2021(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [board] in connection with a complaint and
  investigation are confidential and not subject to disclosure under
  Chapter 552, Government Code, and not subject to disclosure,
  discovery, subpoena, or other means of legal compulsion for their
  release to anyone other than the department [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  professional orthotist or prosthetist
  disciplinary boards in other jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department [board]
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the department, commission, or
  executive director [board], and final disciplinary actions,
  including warnings and reprimands, by the department, commission,
  or executive director [board] are not confidential and are subject
  to disclosure in accordance with Chapter 552, Government Code.
         SECTION 1.178.  Section 605.251, Occupations Code, is
  amended to read as follows:
         Sec. 605.251.  LICENSE REQUIRED. A person may not practice,
  attempt to practice, or offer to practice orthotics or prosthetics,
  act as an assistant to a person who practices orthotics or
  prosthetics, or in any way hold the person out as being able to
  practice orthotics or prosthetics unless the person holds a license
  [issued by the board] under this chapter.
         SECTION 1.179.  Section 605.252, Occupations Code, is
  amended to read as follows:
         Sec. 605.252.  LICENSE ELIGIBILITY. (a)  To be eligible for
  a license to practice orthotics or prosthetics in this state, a
  person must:
               (1)  submit an [file a written] application in the
  manner and [with the board] on the form prescribed by the executive
  director [board];
               (2)  pay the nonrefundable application fee;
               (3)  be a resident of this state;
               (4)  have completed formal training, including the
  required hours of classroom education and clinical practice, in an
  area of study the commission [board] by rule determines to be
  necessary and appropriate;
               (5)  have completed a clinical residency in the
  professional area for which a license is sought that complies with
  the standards, guidelines, or procedures established by the
  department [board] for a clinical residency that is offered in this
  state or another state; and
               (6)  have passed each written and practical examination
  approved and required by the department [board].
         (b)  The requirements for a license established by
  commission [board] rule must include the requirement that the
  applicant hold:
               (1)  a bachelor's or graduate degree in orthotics and
  prosthetics from:
                     (A)  an education program recognized and
  accredited by the Commission on Accreditation of Allied Health
  Education Programs that is offered at an institution of higher
  education; or
                     (B)  a practitioner education program that has
  education standards that are equivalent to or exceed the standards
  adopted by the Commission on Accreditation of Allied Health
  Education Programs; or
               (2)  a bachelor's degree in another subject and an
  orthotic or prosthetic certificate issued by a practitioner
  education program:
                     (A)  recognized and accredited by the Commission
  on Accreditation of Allied Health Education Programs; or
                     (B)  that has education standards that are
  equivalent to or exceed the standards adopted by the Commission on
  Accreditation of Allied Health Education Programs.
         (c)  To meet the clinical residency requirements for a
  license, the applicant must complete a professional clinical
  residency that meets the requirements established by commission
  [board] rule and is conducted under the direct supervision of a
  licensed orthotist, licensed prosthetist, or a licensed
  prosthetist orthotist in the discipline for which licensure is
  sought.  The clinical residency requirements adopted by the
  commission [board] must be equivalent to or exceed the standards
  set by the National Commission on Orthotic and Prosthetic
  Education.
         (d)  The department [board] may accept as a substitute for
  the examination requirement proof that the license applicant holds
  a license in a state that has licensing requirements that are equal
  to or exceed the requirements of this chapter.
         SECTION 1.180.  Sections 605.254(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  A person is entitled to an exemption from the license
  requirements established [by the board] under Section 605.252 if
  the person is a resident of this state who[:
               [(1)     applies for the exemption not later than the
  181st day after the date on which the board's initial rules are
  finally adopted and:
                     [(A)     has provided comprehensive orthotic or
  prosthetic care for at least three years before the date of the
  application, including practicing orthotics or prosthetics in this
  state for the year preceding that date; or
                     [(B)     has provided comprehensive orthotic and
  prosthetic care for at least six years, including practicing
  orthotics and prosthetics in this state for the year preceding the
  application date; or
               [(2)]  presents evidence satisfactory to the
  department [board] that the person possesses unique qualifications
  to practice orthotics, prosthetics, or orthotics and prosthetics.
         (c)  The department [board] shall issue a license to a person
  who is determined to be eligible for a license under Subsection (a)
  [or (b)]. A person to whom a license is issued under this
  subsection is entitled to the same license privileges as if the
  person met the educational and vocational requirements of Section
  605.252. The license holder is subject to the license renewal
  requirements established by the commission [board], other than the
  academic, clinical training, and examination requirements, which
  the commission [board] may not impose as a condition of the person's
  license.
         SECTION 1.181.  Sections 605.255(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  An applicant for a license as an orthotist assistant or
  prosthetist assistant must:
               (1)  submit an application in the manner and [file a
  written application with the board] on a form prescribed [provided]
  by the executive director [board];
               (2)  pay the nonrefundable application fee established
  [prescribed] by the commission by rule [board]; and
               (3)  present evidence satisfactory to the department
  [board] that the applicant has completed an education program,
  including courses in the anatomical, biological, and physical
  sciences, and a clinical residency as prescribed and adopted by the
  commission by rule [board].
         (b)  An assistant licensed under this section may provide
  only ancillary patient care services, as defined by the commission
  by rule [board], in the discipline in which the assistant's
  supervisor is licensed under this chapter.
         SECTION 1.182.  Sections 605.256(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  The department [board] may issue a license or
  registration certificate under this chapter only to an individual.
         (b)  The department [board] shall issue a license in
  orthotics or prosthetics to an applicant who meets the requirements
  provided under this chapter. A license may be granted in either
  orthotics or prosthetics, or in both, if the person meets the
  requirements established by the department [board].
         SECTION 1.183.  Section 605.257, Occupations Code, is
  amended to read as follows:
         Sec. 605.257.  TEMPORARY LICENSE. (a)  The department
  [board] may issue a temporary license to an individual who:
               (1)  has recently become a resident of this state;
               (2)  has applied for a license as an orthotist,
  prosthetist, or both; and
               (3)  has:
                     (A)  practiced orthotics regularly since January
  1, 1996; or
                     (B)  been licensed by the state in which the
  person formerly resided if that state has license requirements that
  are equal to or exceed the requirements of this chapter.
         (b)  A temporary license is valid for one year from the date
  issued. A temporary license may be renewed for not more than one
  additional year if the applicant presents evidence sufficient to
  the department [board] of good cause for renewal.
         SECTION 1.184.  Section 605.258(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] may issue a student registration
  certificate to an individual who is working toward fulfilling the
  requirements for a license as an orthotist, prosthetist, or
  prosthetist orthotist and:
               (1)  holds either:
                     (A)  a bachelor's or graduate degree in orthotics
  and prosthetics from:
                           (i)  an education program recognized and
  accredited by the Commission on Accreditation of Allied Health
  Education Programs that is offered at an institution of higher
  education; or
                           (ii)  a practitioner education program that
  has education standards that are equivalent to or exceed the
  standards adopted by the Commission on Accreditation of Allied
  Health Education Programs; or
                     (B)  a bachelor's degree in another subject and an
  orthotic or prosthetic certificate issued by a practitioner
  education program:
                           (i)  recognized and accredited by the
  Commission on Accreditation of Allied Health Education Programs; or
                           (ii)  that has education standards that are
  equivalent to or exceed the standards adopted by the Commission on
  Accreditation of Allied Health Education Programs; or
               (2)  is a student who:
                     (A)  is currently enrolled in a graduate program
  in this state in orthotics and prosthetics that:
                           (i)  is recognized and accredited by the
  Commission on Accreditation of Allied Health Education Programs;
  and
                           (ii)  incorporates a professional clinical
  residency that meets the requirements of rules adopted under
  Section 605.252(c); and
                     (B)  submits to the department [board] a written
  certification from the graduate program in which the student is
  enrolled that the student has successfully completed the academic
  prerequisites to enter a professional clinical residency.
         SECTION 1.185.  Section 605.259(a), Occupations Code, is
  amended to read as follows:
         (a)  The department [board] may issue a registered orthotic
  technician or registered prosthetic technician certificate to an
  applicant who:
               (1)  submits an [files a written] application in the
  manner and [with the board] on a form prescribed [provided] by the
  executive director [board];
               (2)  pays the nonrefundable application fee; and
               (3)  presents evidence satisfactory to the department
  [board] that the applicant has completed an education program and
  laboratory experience as prescribed by the commission by rule
  [board].
         SECTION 1.186.  Sections 605.260(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  The commission [board] by rule shall establish
  requirements for the accreditation and the renewal of an
  accreditation of an orthotic or prosthetic facility in which
  orthotics or prosthetics are conducted. The department [board] may
  issue an accreditation only to an orthotic or prosthetic facility.
         (b)  If a person owns more than one facility, the department
  [board] may require only one application for the accreditation of
  each of the person's facilities. Each orthotic or prosthetic
  facility must meet the requirements established by commission rule
  [the board].
         (c)  An orthotic or prosthetic facility must be under the
  on-site direction of an orthotist or prosthetist licensed by the
  department [board] in the discipline for which accreditation is
  sought.
         SECTION 1.187.  Section 605.261, Occupations Code, is
  amended to read as follows:
         Sec. 605.261.  CONTINUING EDUCATION. (a)  The commission
  [board] shall:
               (1)  adopt rules that require a license holder to
  participate in an approved continuing education program to renew a
  license issued under this chapter; and
               (2)  prepare or approve continuing education programs
  for license holders.
         (b)  To renew a license under this chapter, an applicant must
  submit to the department [board] evidence of satisfactory
  completion of the continuing education requirements required by the
  commission [board].
         (c)  The department [board] shall notify a license holder who
  has failed to comply with the [board's] continuing education
  requirements of the license holder's failure to comply and that
  failure to obtain the required continuing education before the
  expiration of three months after the date the notice is given
  constitutes grounds for the commission or executive director
  [board] to suspend or revoke the license holder's license.
         SECTION 1.188.  Section 605.353, Occupations Code, is
  amended to read as follows:
         Sec. 605.353.  DISCIPLINARY ACTIONS. (a)  After notice and
  opportunity for a hearing, the commission or executive director
  [board] may revoke, suspend, or refuse to renew a license issued
  under this chapter on a finding that:
               (1)  the license was obtained by fraud,
  misrepresentation, or concealment of a material fact;
               (2)  the person engaged in fraud or deceit in
  connection with services provided by the person;
               (3)  the person engaged in unprofessional or unethical
  conduct;
               (4)  the person engaged in gross negligence or
  malpractice; or
               (5)  the person violated this chapter or a rule adopted
  under this chapter.
         (b)  The commission or executive director [board] may
  reinstate a license revoked under Subsection (a) after the first
  anniversary of the date of the revocation on terms the commission or
  executive director [board] determines to be necessary.
         SECTION 1.189.  Section 605.354(c), Occupations Code, is
  amended to read as follows:
         (c)  The attorney general shall bring an action in the name
  of the state at the department's [board's] request to collect a
  civil penalty under this section.
         SECTION 1.190.  Section 605.402(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.191.  Section 701.002, Occupations Code, is
  amended by amending Subdivisions (1), (2), and (4) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Advisory board" means the Dietitians Advisory
  Board.
               (1-a)  "Commission" ["Commissioner"] means the Texas
  Commission of Licensing and Regulation [commissioner of state
  health services].
               (2)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4)  "Executive director" ["Dietitians board"] means
  the executive director of the department [Texas State Board of
  Examiners of Dietitians].
         SECTION 1.192.  The heading to Subchapter B, Chapter 701,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  [TEXAS STATE BOARD OF EXAMINERS OF] DIETITIANS
  ADVISORY BOARD
         SECTION 1.193.  Section 701.051, Occupations Code, is
  amended to read as follows:
         Sec. 701.051.  DIETITIANS ADVISORY BOARD MEMBERSHIP.
  (a)  The advisory board [Texas State Board of Examiners of
  Dietitians] consists of nine members appointed by the presiding
  officer of the commission [governor] with the approval [advice and
  consent] of the commission [senate] as follows:
               (1)  six licensed dietitian members, each of whom has
  been licensed under this chapter for not less than three years
  before the member's date of appointment; and
               (2)  three members who represent the public.
         (b)  In appointing dietitian members to the advisory
  [dietitians] board, the presiding officer of the commission
  [governor] shall attempt to maintain balanced representation among
  the following primary areas of expertise included in the
  professional discipline of dietetics:
               (1)  clinical;
               (2)  educational;
               (3)  management;
               (4)  consultation; and
               (5)  community.
         (c)  Appointments to the advisory [dietitians] board shall
  be made without regard to the race, color, disability, sex,
  religion, age, or national origin of the appointee.
         SECTION 1.194.  Subchapter B, Chapter 701, Occupations Code,
  is amended by adding Section 701.0511 to read as follows:
         Sec. 701.0511.  DUTIES OF ADVISORY BOARD.  The advisory
  board shall provide advice and recommendations to the department on
  technical matters relevant to the administration of this chapter.
         SECTION 1.195.  Section 701.054, Occupations Code, is
  amended to read as follows:
         Sec. 701.054.  TERMS; VACANCIES. (a)  Members of the
  advisory [dietitians] board serve staggered six-year terms. The
  terms of three [two] members begin on September 1 of each
  odd-numbered year.
         (b)  If a vacancy occurs 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.
         SECTION 1.196.  Section 701.057, Occupations Code, is
  amended to read as follows:
         Sec. 701.057.  PRESIDING OFFICER [OFFICERS]. [(a)]  The
  presiding officer of the commission [governor] shall designate a
  member of the advisory [dietitians] board as the presiding officer
  of the advisory board to serve for a term of one year [in that
  capacity at the pleasure of the governor]. The presiding officer of
  the advisory board may vote on any matter before the advisory board.
         [(b)     Not later than the 30th day after the date the governor
  appoints new board members, the dietitians board shall meet to
  elect an assistant presiding officer, who holds office according to
  board rules.]
         SECTION 1.197.  Section 701.058, Occupations Code, is
  amended to read as follows:
         Sec. 701.058.  MEETINGS. The advisory [dietitians] board
  shall meet at the call of the presiding officer of the commission or
  the executive director [hold at least two regular meetings each
  year as provided by board rules].
         SECTION 1.198.  Section 701.151, Occupations Code, is
  amended to read as follows:
         Sec. 701.151.  GENERAL POWERS AND DUTIES [OF DIETITIANS
  BOARD]. (a)  The executive director shall administer and enforce
  this chapter.
         (b)  The department [dietitians board] shall:
               (1)  adopt an official seal;
               (2)  adopt and publish a code of ethics;
               (3)  establish the qualifications and fitness of
  applicants for licenses, including renewed and reciprocal
  licenses;
               (4)  revoke, suspend, or deny a license, probate a
  license suspension, or reprimand a license holder for a violation
  of this chapter, a [board] rule adopted under this chapter, or the
  code of ethics; and
               (5)  request and receive any necessary assistance from
  state educational institutions or other state agencies [spend money
  necessary to properly administer the board's duties; and
               [(6)     establish reasonable and necessary fees to
  administer this chapter].
         SECTION 1.199.  Subchapter D, Chapter 701, Occupations Code,
  is amended by adding Section 701.1511 to read as follows:
         Sec. 701.1511.  REGISTRY.  The department shall prepare a
  registry of licensed dietitians and provisional licensed
  dietitians and make the registry available to the public, license
  holders, and appropriate state agencies.
         SECTION 1.200.  Section 701.154, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 701.154.  AMOUNT OF FEES. The commission [(a)     After
  consulting the department, the dietitians board by rule shall set
  fees in amounts reasonable and necessary to cover the cost of
  administering this chapter.   The fees for issuing or renewing a
  license must be in amounts designed to allow the department and the
  dietitians board to recover from the license holders all of the
  direct and indirect costs to the department and to the dietitians
  board in administering and enforcing this chapter.
         [(b)  The dietitians board] may not set a fee that existed on
  September 1, 1993, in an amount that is less than the amount of that
  fee on that date.
         SECTION 1.201.  Section 701.155, Occupations Code, is
  amended to read as follows:
         Sec. 701.155.  SEAL. (a)  The commission [dietitians board]
  by rule may require a license holder to:
               (1)  obtain a seal authorized by the department [board]
  bearing the license holder's name and the legend "Licensed
  Dietitian"; and
               (2)  affix the seal to formal documentation of
  nutrition services provided by the license holder, as determined
  necessary and appropriate by the department [board].
         (b)  If the commission [dietitians board] adopts rules under
  Subsection (a), the rules must authorize a license holder to comply
  with Subsection (a)(2) by maintaining a facsimile of the license
  holder's seal on file at the location where services are provided
  if:
               (1)  the services are provided:
                     (A)  in a facility licensed under the Health and
  Safety Code;
                     (B)  on behalf of a local, state, or federal
  government agency; or
                     (C)  under other circumstances determined
  reasonable and necessary by the department [board]; and
               (2)  the facsimile is maintained on file at all times
  during which the services are provided.
         SECTION 1.202.  The heading to Subchapter E, Chapter 701,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER  E.  [PUBLIC INTEREST INFORMATION AND] COMPLAINT
  PROCEDURES
         SECTION 1.203.  The heading to Section 701.2041, Occupations
  Code, is amended to read as follows:
         Sec. 701.2041.  CONFIDENTIALITY OF COMPLAINT AND
  DISCIPLINARY INFORMATION [SUBPOENAS].
         SECTION 1.204.  Sections 701.2041(h) and (i), Occupations
  Code, are amended to read as follows:
         (h)  All information and materials subpoenaed or compiled by
  the department [dieticians board] in connection with a complaint
  and investigation are confidential and not subject to disclosure
  under Chapter 552, Government Code, and not subject to disclosure,
  discovery, subpoena, or other means of legal compulsion for their
  release to anyone other than the department [board] or its
  employees or agents involved in discipline of the holder of a
  license, except that this information may be disclosed to:
               (1)  persons involved with the department [board] in a
  disciplinary action against the holder of a license;
               (2)  professional dietitian licensing or disciplinary
  boards in other jurisdictions;
               (3)  peer assistance programs approved by the
  commission [board] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the department
  [dieticians board] against a holder of a license, the nature of
  those charges, disciplinary proceedings of the department,
  commission, or executive director [board], and final disciplinary
  actions, including warnings and reprimands, by the department,
  commission, or executive director [board] are not confidential and
  are subject to disclosure in accordance with Chapter 552,
  Government Code.
         SECTION 1.205.  Section 701.252, Occupations Code, is
  amended to read as follows:
         Sec. 701.252.  LICENSE APPLICATION. (a)  Each applicant for
  a dietitian license must submit an [a sworn] application in the
  manner and on a form prescribed by the executive director
  accompanied by the application fee.
         (b)  The commission [dietitians board shall prescribe the
  application form and may] by rule shall determine the information
  and documentation required to be submitted as part of an
  application [establish dates by which applications and fees must be
  received].
         SECTION 1.206.  Sections 701.253(c), (e), and (f),
  Occupations Code, are amended to read as follows:
         (c)  The department [dietitians board] shall prepare or
  approve an examination. An examination prescribed by the
  department [board] may be or may include an examination given by the
  Commission on Dietetic Registration or by a national or state
  testing service instead of an examination prepared by the
  department or the department's designee [board].
         (e)  The department [dietitians board] shall administer an
  examination to qualified applicants at least twice each calendar
  year.
         (f)  The department [dietitians board] shall waive the
  examination requirement for an applicant who, at the time of
  application, is a dietitian registered by the Commission on
  Dietetic Registration.
         SECTION 1.207.  Section 701.254, Occupations Code, is
  amended to read as follows:
         Sec. 701.254.  QUALIFICATIONS FOR EXAMINATION. To qualify
  for the licensing examination under this chapter, an applicant
  must:
               (1)  possess a baccalaureate or postbaccalaureate
  degree, conferred by a college or university regionally accredited
  at the time of conferral, with:
                     (A)  a major course of study in human nutrition,
  food and nutrition, nutrition education, dietetics, or food systems
  management; or
                     (B)  an equivalent major course of study approved
  by the department [dietitians board]; and
               (2)  have completed an internship or preplanned,
  documented, professional experience program in dietetics practice
  of not less than 900 hours under the supervision of a licensed
  dietitian or a registered dietitian approved by the department
  [board].
         SECTION 1.208.  Section 701.255(a), Occupations Code, is
  amended to read as follows:
         (a)  Not later than the 45th day after the date a properly
  submitted and timely application is received and not later than the
  30th day before the next examination date, the department shall
  notify an applicant in writing of the receipt and investigation of
  the applicant's application and any other relevant evidence
  relating to applicant qualifications established by commission
  [dietitians board] rule.
         SECTION 1.209.  Sections 701.2575(a) and (c), Occupations
  Code, are amended to read as follows:
         (a)  The department [dietitians board] shall develop and
  administer at least twice each calendar year a jurisprudence
  examination to determine an applicant's knowledge of this chapter,
  commission [board] rules under this chapter, and any other
  applicable laws of this state affecting the applicant's dietetics
  practice.
         (c)  The commission [dietitians board] shall adopt rules to
  implement this section, including rules related to the development
  and administration of the examination, examination fees,
  guidelines for reexamination, grading the examination, and
  providing notice of examination results.
         SECTION 1.210.  Section 701.258, Occupations Code, is
  amended to read as follows:
         Sec. 701.258.  QUALIFIED PERSON ENTITLED TO LICENSE. The
  department [dietitians board] shall issue a license [certificate]
  as a licensed dietitian to a person qualified for a license under
  this chapter.
         SECTION 1.211.  Sections 701.259(a), (b), (c), and (d),
  Occupations Code, are amended to read as follows:
         (a)  The department [dietitians board] may issue a license to
  use the title "provisional licensed dietitian" to an applicant who
  files an application, pays an application fee, and submits evidence
  of successful completion of the education requirement under Section
  701.254.
         (b)  A provisional licensed dietitian must practice under
  the supervision and direction of a licensed dietitian. The
  supervising licensed dietitian must be designated in [sign] the
  applicant's initial application for a provisional license.
         (c)  The department [dietitians board] shall issue a license
  [certificate] as a provisional licensed dietitian to a person
  qualified for a provisional license under this chapter.
         (d)  A provisional license expires on the first anniversary
  of the date of issuance and[, if the supervising licensed dietitian
  signs the renewal application,] may be renewed annually not more
  than twice [by complying with the renewal procedures under Section
  701.301].
         SECTION 1.212.  Section 701.260, Occupations Code, is
  amended to read as follows:
         Sec. 701.260.  TEMPORARY LICENSE. (a)  On receipt of an
  application and payment of an application fee, the department
  [dietitians board] may grant a temporary license to an applicant
  who:
               (1)  is licensed in good standing as a dietitian in
  another state that has licensing requirements that are
  substantially equivalent to the requirements of this chapter;
               (2)  has passed a national or other examination that is
  recognized by the department [board] and relates to dietetics; and
               (3)  is sponsored by a person licensed by the
  department [board] under this chapter with whom the temporary
  license holder may practice.
         (b)  The department [dietitians board] may waive the
  requirement of Subsection (a)(3) if the department [board]
  determines that compliance with that provision is a hardship to an
  applicant.
         (c)  A temporary license is valid until the date the
  department [dietitians board] approves or denies the temporary
  license holder's application for a license. The department [board]
  shall issue a license under this chapter to the holder of a
  temporary license if:
               (1)  the temporary license holder passes the competency
  examination required by Section 701.253;
               (2)  the department [board] verifies that the temporary
  license holder meets the academic and experience requirements for a
  license under this chapter; and
               (3)  the temporary license holder satisfies any other
  license requirements under this chapter.
         (d)  The department [dietitians board] must complete the
  processing of a temporary license holder's application for a
  license not later than the 180th day after the date the department
  [board] issues the temporary license. The department [board] may
  extend this deadline to receive pending examination results.
         SECTION 1.213.  Section 701.303, Occupations Code, is
  amended to read as follows:
         Sec. 701.303.  CONTINUING EDUCATION. (a)  The commission
  [dietitians board] by rule shall establish a minimum number of
  hours of continuing education required for license renewal under
  this chapter.
         (b)  The commission or department [dietitians board] may
  assess the continuing education needs of license holders and may
  require license holders to attend continuing education courses
  specified by the commission or department [board]. The department
  [board] shall develop a process to evaluate and approve continuing
  education courses.
         (c)  The commission or department [dietitians board] shall
  identify key factors for a license holder's competent performance
  of professional duties. The department [board] shall adopt a
  procedure to assess the license holder's participation in
  continuing education programs.
         SECTION 1.214.  Section 701.304, Occupations Code, is
  amended to read as follows:
         Sec. 701.304.  GROUNDS FOR REFUSING RENEWAL. The commission
  or department [dietitians board] may refuse to renew the license of
  a person who fails to pay an administrative penalty imposed under
  Subchapter K, unless enforcement of the penalty is stayed or a court
  has ordered that the administrative penalty is not owed.
         SECTION 1.215.  Section 701.351, Occupations Code, is
  amended to read as follows:
         Sec. 701.351.  DISPLAY OF LICENSE [CERTIFICATE]. (a)  A
  license holder shall display the person's license [certificate] in
  an appropriate and public manner as prescribed by commission rule.
         (b)  A license [certificate] issued by the department
  [dietitians board] is the property of the department [board] and
  shall be surrendered on demand.
         SECTION 1.216.  Section 701.352, Occupations Code, is
  amended to read as follows:
         Sec. 701.352.  LICENSE HOLDER INFORMATION. A license holder
  shall keep the department informed of the license holder's current
  address as provided by commission rule.
         SECTION 1.217.  Section 701.353(a), Occupations Code, is
  amended to read as follows:
         (a)  A person may not use a seal authorized by the department
  [dietitians board] unless the person holds a license issued under
  this chapter.
         SECTION 1.218.  Section 701.401, Occupations Code, is
  amended to read as follows:
         Sec. 701.401.  GROUNDS FOR DISCIPLINARY ACTION. The
  commission or executive director [dietitians board] shall refuse to
  renew a license, revoke or suspend a license, place on probation a
  person whose license has been suspended, or reprimand a license
  holder for a violation of this chapter, [or] a rule or code of
  ethics adopted under this chapter, or an order of [by] the
  commission or executive director [board].
         SECTION 1.219.  Section 701.403, Occupations Code, is
  amended to read as follows:
         Sec. 701.403.  SANCTIONS. The State Office of
  Administrative Hearings shall use the schedule of sanctions adopted
  by the commission by [dietitians board] rule for a sanction imposed
  as the result of a hearing conducted by the office.
         SECTION 1.220.  Section 701.502(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.221.  Section 701.512, Occupations Code, is
  amended to read as follows:
         Sec. 701.512.  REFUND. (a)  Subject to Subsection (b), the
  commission or executive director [dietitians board] may order a
  license holder to pay a refund to a consumer as provided in an
  agreement resulting from an informal settlement conference instead
  of or in addition to imposing an administrative penalty under this
  chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the license holder for a
  service regulated by this chapter.  The commission or executive
  director [board] may not require payment of other damages or
  estimate harm in a refund order.
         SECTION 1.222.  The following provisions of the Occupations
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Section 203.006;
               (2)  Section 203.051;
               (3)  Section 203.053;
               (4)  Section 203.054;
               (5)  Section 203.057;
               (6)  Section 203.058;
               (7)  Section 203.060;
               (8)  Subchapter C, Chapter 203;
               (9)  Section 203.151(b);
               (10)  Section 203.1515;
               (11)  Section 203.152(a);
               (12)  Sections 203.155(a) and (c);
               (13)  Section 203.156;
               (14)  Section 203.158;
               (15)  Section 203.159;
               (16)  Section 203.160;
               (17)  Section 203.161;
               (18)  Subchapter E, Chapter 203;
               (19)  Section 203.255(b);
               (20)  Section 203.2556;
               (21)  Section 203.302;
               (22)  Section 203.303;
               (23)  Section 203.405;
               (24)  Subchapter J, Chapter 203;
               (25)  Section 203.502(c);
               (26)  Section 203.505(a);
               (27)  Section 401.002;
               (28)  Section 401.101;
               (29)  Section 401.103;
               (30)  Section 401.104;
               (31)  Section 401.106;
               (32)  Section 401.109;
               (33)  Section 401.110;
               (34)  Subchapter D, Chapter 401;
               (35)  Section 401.201(b);
               (36)  Sections 401.203(a) and (b);
               (37)  Section 401.204;
               (38)  Section 401.205;
               (39)  Section 401.206;
               (40)  Section 401.207;
               (41)  Section 401.252;
               (42)  Sections 401.253(b), (c), (d), and (e);
               (43)  Sections 401.2535(a), (b), (c), (d), (e), (f),
  and (g);
               (44)  Section 401.254;
               (45)  Section 401.306;
               (46)  Section 401.307(c);
               (47)  Section 401.313;
               (48)  Section 401.315;
               (49)  Sections 401.352(b) and (c);
               (50)  Section 401.353;
               (51)  Section 401.354;
               (52)  Section 401.405;
               (53)  Section 401.451(b);
               (54)  Section 401.452;
               (55)  Section 401.4531;
               (56)  Section 401.454;
               (57)  Section 401.455;
               (58)  Section 401.456;
               (59)  Section 401.457;
               (60)  Section 401.458;
               (61)  Section 401.459;
               (62)  Section 401.460;
               (63)  Section 401.502;
               (64)  Section 401.5022;
               (65)  Section 401.551;
               (66)  Section 401.553;
               (67)  Section 401.554;
               (68)  Section 401.555;
               (69)  Section 401.556;
               (70)  Section 401.557;
               (71)  Section 401.558;
               (72)  Section 401.559;
               (73)  Section 401.560;
               (74)  Section 401.561;
               (75)  Section 402.002;
               (76)  Section 402.052;
               (77)  Section 402.053;
               (78)  Section 402.054;
               (79)  Section 402.056;
               (80)  Section 402.0581;
               (81)  Section 402.059;
               (82)  Section 402.060;
               (83)  Section 402.061;
               (84)  Section 402.102;
               (85)  Section 402.1022;
               (86)  Sections 402.103(a) and (b);
               (87)  Section 402.105;
               (88)  Section 402.106;
               (89)  Section 402.151;
               (90)  Section 402.1511;
               (91)  Section 402.153;
               (92)  Sections 402.154(a), (b), (c), (d), (e), (f), and
  (g);
               (93)  Section 402.205(d);
               (94)  Section 402.206;
               (95)  Sections 402.209(b) and (g);
               (96)  Section 402.257(b);
               (97)  Sections 402.301(b), (c), (d), and (e);
               (98)  Section 402.303(f);
               (99)  Section 402.354;
               (100)  Section 402.452;
               (101)  Section 402.502;
               (102)  Section 402.503;
               (103)  Section 402.504;
               (104)  Section 402.505;
               (105)  Section 402.506;
               (106)  Sections 402.551(a) and (c);
               (107)  Section 402.552;
               (108)  Section 402.5522;
               (109)  Section 402.553(b);
               (110)  Section 403.002;
               (111)  Section 403.053;
               (112)  Section 403.109;
               (113)  Section 403.201;
               (114)  Section 403.205;
               (115)  Section 403.206;
               (116)  Section 403.208;
               (117)  Section 403.210;
               (118)  Section 403.211;
               (119)  Section 403.252;
               (120)  Section 451.051(a);
               (121)  Section 451.0511;
               (122)  Section 451.0512;
               (123)  Section 451.0513;
               (124)  Section 451.052;
               (125)  Section 451.054;
               (126)  Section 451.057;
               (127)  Sections 451.101(b) and (c);
               (128)  Section 451.1015;
               (129)  Section 451.1016;
               (130)  Section 451.102;
               (131)  Section 451.103;
               (132)  Section 451.1035;
               (133)  Section 451.104;
               (134)  Section 451.105;
               (135)  Section 451.106;
               (136)  Section 451.108;
               (137)  Section 451.109;
               (138)  Sections 451.110(a), (b), (c), (d), (e), (f),
  and (g);
               (139)  Section 451.155;
               (140)  Section 451.201(b);
               (141)  Section 451.202;
               (142)  Section 451.203;
               (143)  Section 451.204;
               (144)  Section 451.2512;
               (145)  Section 451.252;
               (146)  Section 451.253;
               (147)  Section 451.254;
               (148)  Section 451.255;
               (149)  Sections 451.351(a), (b), (e), (f), (g), (h),
  (i), (j), (k), and (l);
               (150)  Section 451.352;
               (151)  Section 605.003;
               (152)  Section 605.051;
               (153)  Section 605.053;
               (154)  Section 605.054;
               (155)  Section 605.057;
               (156)  Section 605.058;
               (157)  Section 605.059(a);
               (158)  Section 605.060;
               (159)  Section 605.061;
               (160)  Subchapter C, Chapter 605;
               (161)  Section 605.152;
               (162)  Section 605.153;
               (163)  Section 605.154;
               (164)  Section 605.201;
               (165)  Section 605.202;
               (166)  Sections 605.2021(a), (b), (c), (d), (e), (f),
  and (g);
               (167)  Section 605.203;
               (168)  Section 605.253;
               (169)  Section 605.254(b);
               (170)  Section 605.255(c);
               (171)  Section 605.259(b);
               (172)  Section 605.3535;
               (173)  Section 605.355;
               (174)  Section 605.401;
               (175)  Section 605.403;
               (176)  Section 605.404;
               (177)  Section 605.405;
               (178)  Section 605.406;
               (179)  Section 605.407;
               (180)  Section 605.408;
               (181)  Section 605.409;
               (182)  Section 605.410;
               (183)  Section 605.411;
               (184)  Section 701.003;
               (185)  Section 701.052;
               (186)  Section 701.053;
               (187)  Section 701.055;
               (188)  Section 701.056;
               (189)  Section 701.059;
               (190)  Subchapter C, Chapter 701;
               (191)  Section 701.152;
               (192)  Section 701.153;
               (193)  Section 701.1535;
               (194)  Section 701.156;
               (195)  Section 701.157;
               (196)  Section 701.159;
               (197)  Section 701.160;
               (198)  Section 701.161;
               (199)  Section 701.201;
               (200)  Section 701.202;
               (201)  Section 701.203;
               (202)  Section 701.204;
               (203)  Sections 701.2041(a), (b), (c), (d), (e), (f),
  and (g);
               (204)  Section 701.205;
               (205)  Section 701.206;
               (206)  Section 701.256;
               (207)  Section 701.261;
               (208)  Sections 701.301(b), (c), (d), (e), and (f);
               (209)  Section 701.302;
               (210)  Section 701.402;
               (211)  Section 701.404;
               (212)  Section 701.405;
               (213)  Section 701.406;
               (214)  Section 701.407;
               (215)  Section 701.408;
               (216)  Section 701.452;
               (217)  Section 701.453;
               (218)  Section 701.501;
               (219)  Section 701.502(c);
               (220)  Section 701.503;
               (221)  Section 701.504;
               (222)  Section 701.505;
               (223)  Section 701.506;
               (224)  Section 701.507;
               (225)  Section 701.508;
               (226)  Section 701.509;
               (227)  Section 701.510; and
               (228)  Section 701.511.
  PART 2.  TRANSFERS DURING BIENNIUM ENDING AUGUST 31, 2019
         SECTION 1.223.  Sections 106.115(a), (b-1), and (b-3),
  Alcoholic Beverage Code, are amended to read as follows:
         (a)  On the placement of a minor on deferred disposition for
  an offense under Section 49.02, Penal Code, or under Section
  106.02, 106.025, 106.04, 106.041, 106.05, or 106.07, the court
  shall require the defendant to attend an alcohol awareness program
  approved by the Texas Department of Licensing and Regulation [State
  Health Services] under this section or a drug and alcohol driving
  awareness program approved by the Texas Education Agency.  On
  conviction of a minor of an offense under one or more of those
  sections, the court, in addition to assessing a fine as provided by
  those sections, shall require a defendant who has not been
  previously convicted of an offense under one of those sections to
  attend an alcohol awareness program or a drug and alcohol driving
  awareness program described by this subsection.  If the defendant
  has been previously convicted once or more of an offense under one
  or more of those sections, the court may require the defendant to
  attend an alcohol awareness program or a drug and alcohol driving
  awareness program described by this subsection.  If the defendant
  is younger than 18 years of age, the court may require the parent or
  guardian of the defendant to attend the program with the defendant.  
  The Texas Department of Licensing and Regulation or Texas
  Commission of Licensing and Regulation, as appropriate [State
  Health Services]:
               (1)  is responsible for the administration of the
  certification of approved alcohol awareness programs;
               (2)  may charge a nonrefundable application fee for:
                     (A)  initial certification of the approval; or
                     (B)  renewal of the certification;
               (3)  shall adopt rules regarding alcohol awareness
  programs approved under this section; and
               (4)  shall monitor, coordinate, and provide training to
  a person who provides an alcohol awareness program.
         (b-1)  If the defendant resides in a county with a population
  of 75,000 or less and access to an alcohol awareness program is not
  readily available in the county, the court may allow the defendant
  to take an online alcohol awareness program if the Texas Department
  of Licensing and Regulation [State Health Services] approves online
  courses or require the defendant to perform not less than eight
  hours of community service related to alcohol abuse prevention or
  treatment and approved by the Texas Department of Licensing and
  Regulation [State Health Services] under Subsection (b-3) instead
  of attending the alcohol awareness program. Community service
  ordered under this subsection is in addition to community service
  ordered under Section 106.071(d).
         (b-3)  The Texas Department of Licensing and Regulation
  [State Health Services] shall create a list of community services
  related to alcohol abuse prevention or treatment in each county in
  the state to which a judge may sentence a defendant under Subsection
  (b-1).
         SECTION 1.224.  Sections 13(h) and (j), Article 42.12, Code
  of Criminal Procedure, are amended to read as follows:
         (h)  If a person convicted of an offense under Sections
  49.04-49.08, Penal Code, is placed on community supervision, the
  judge shall require, as a condition of the community supervision,
  that the defendant attend and successfully complete before the
  181st day after the day community supervision is granted an
  educational program jointly approved by the Texas Department of
  Licensing and Regulation [Commission on Alcohol and Drug Abuse],
  the Department of Public Safety, the Traffic Safety Section of the
  Texas Department of Transportation, and the community justice
  assistance division of the Texas Department of Criminal Justice
  designed to rehabilitate persons who have driven while intoxicated.  
  The Texas Department of Licensing and Regulation [Commission on
  Alcohol and Drug Abuse] shall publish the jointly approved rules
  and shall monitor, coordinate, and provide training to persons
  providing the educational programs.  The Texas Department of
  Licensing and Regulation [Commission on Alcohol and Drug Abuse] is
  responsible for the administration of the certification of approved
  educational programs and may charge a nonrefundable application fee
  for the initial certification of approval and for renewal of a
  certificate.  The judge may waive the educational program
  requirement or may grant an extension of time to successfully
  complete the program that expires not later than one year after the
  beginning date of the person's community supervision, however, if
  the defendant by a motion in writing shows good cause.  In
  determining good cause, the judge may consider but is not limited
  to:  the defendant's school and work schedule, the defendant's
  health, the distance that the defendant must travel to attend an
  educational program, and the fact that the defendant resides out of
  state, has no valid driver's license, or does not have access to
  transportation.  The judge shall set out the finding of good cause
  for waiver in the judgment.  If a defendant is required, as a
  condition of community supervision, to attend an educational
  program or if the court waives the educational program requirement,
  the court clerk shall immediately report that fact to the
  Department of Public Safety, on a form prescribed by the
  department, for inclusion in the person's driving record.  If the
  court grants an extension of time in which the person may complete
  the program, the court clerk shall immediately report that fact to
  the Department of Public Safety on a form prescribed by the
  department.  The report must include the beginning date of the
  person's community supervision.  Upon the person's successful
  completion of the educational program, the person's instructor
  shall give notice to the Department of Public Safety for inclusion
  in the person's driving record and to the community supervision and
  corrections department.  The community supervision and corrections
  department shall then forward the notice to the court clerk for
  filing.  If the Department of Public Safety does not receive notice
  that a defendant required to complete an educational program has
  successfully completed the program within the period required by
  this section, as shown on department records, the department shall
  revoke the defendant's driver's license, permit, or privilege or
  prohibit the person from obtaining a license or permit, as provided
  by Sections 521.344(e) and (f), Transportation Code.  The
  Department of Public Safety may not reinstate a license suspended
  under this subsection unless the person whose license was suspended
  makes application to the department for reinstatement of the
  person's license and pays to the department a reinstatement fee of
  $100.  The Department of Public Safety shall remit all fees
  collected under this subsection to the comptroller for deposit in
  the general revenue fund.  This subsection does not apply to a
  defendant if a jury recommends community supervision for the
  defendant and also recommends that the defendant's driver's license
  not be suspended.
         (j)  The judge shall require a defendant who is punished
  under Section 49.09, Penal Code, as a condition of community
  supervision, to attend and successfully complete an educational
  program for repeat offenders approved by the Texas Department of
  Licensing and Regulation [Commission on Alcohol and Drug Abuse].
  The Texas Commission of Licensing and Regulation [on Alcohol and
  Drug Abuse] shall adopt rules and shall monitor, coordinate, and
  provide training to persons providing the educational programs.
  The Texas Department of Licensing and Regulation [Commission on
  Alcohol and Drug Abuse] is responsible for the administration of
  the certification of approved educational programs and may charge a
  nonrefundable application fee for initial certification of
  approval or for renewal of the certification. The judge may waive
  the educational program requirement only if the defendant by a
  motion in writing shows good cause. In determining good cause, the
  judge may consider the defendant's school and work schedule, the
  defendant's health, the distance that the defendant must travel to
  attend an educational program, and whether the defendant resides
  out of state or does not have access to transportation. The judge
  shall set out the finding of good cause in the judgment. If a
  defendant is required, as a condition of community supervision, to
  attend an educational program, the court clerk shall immediately
  report that fact to the Department of Public Safety, on a form
  prescribed by the department, for inclusion in the defendant's
  driving record. The report must include the beginning date of the
  defendant's community supervision. On the defendant's successful
  completion of the educational program for repeat offenders, the
  defendant's instructor shall give notice to the Department of
  Public Safety for inclusion in the defendant's driving record and
  to the community supervision and corrections department. The
  community supervision and corrections department shall then
  forward the notice to the court clerk for filing.  If the Department
  of Public Safety does not receive notice that a defendant required
  to complete an educational program has successfully completed the
  program for repeat offenders within the period required by the
  judge, as shown on department records, the department shall revoke
  the defendant's driver's license, permit, or privilege or prohibit
  the defendant from obtaining a license or permit, as provided by
  Sections 521.344(e) and (f), Transportation Code.
         SECTION 1.225.  Section 401.501, Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivision (1) and adding
  Subdivisions (1-a) and (2) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director" means the executive director
  of the department.
         SECTION 1.226.  Subchapter M, Chapter 401, Health and Safety
  Code, is amended by adding Section 401.5011 to read as follows:
         Sec. 401.5011.  GENERAL POWERS AND DUTIES. The executive
  director shall administer and enforce this chapter.
         SECTION 1.227.  Section 401.502, Health and Safety Code, is
  amended to read as follows:
         Sec. 401.502.  EXAMINATION. The commission [executive
  commissioner] may adopt rules to govern the development and
  administration of an examination for an applicant under this
  subchapter.
         SECTION 1.228.  Section 401.503, Health and Safety Code, is
  amended to read as follows:
         Sec. 401.503.  APPLICATION PROCESS. (a)  An application for
  a certificate or license under this subchapter must be submitted in
  the manner and [made] on a form prescribed [and provided] by the
  executive director [department].
         (b)  The application must require an applicant to provide
  sworn statements relating to the applicant's education and to
  provide other information required by the commission [department].
         SECTION 1.229.  Section 401.505(a), Health and Safety Code,
  is amended to read as follows:
         (a)  An applicant for a laser hair removal professional
  certificate must:
               (1)  be certified by a recognized certifying agency,
  including the Society for Clinical and Medical Hair Removal or
  another certification entity approved by the department;
               (2)  meet the requirements for a senior laser hair
  removal technician certificate under Section 401.506; and
               (3)  pass an examination required [administered] by the
  department.
         SECTION 1.230.  The heading to Section 401.512, Health and
  Safety Code, is amended to read as follows:
         Sec. 401.512.  TERM [RENEWAL] OF CERTIFICATE OR LICENSE.
         SECTION 1.231.  Section 401.512(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A certificate or license expires on the second
  anniversary of the date of issuance and may be renewed.
         SECTION 1.232.  Section 401.515(b), Health and Safety Code,
  is amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules relating to the customer notice.
         SECTION 1.233.  Sections 401.516(a) and (b), Health and
  Safety Code, are amended to read as follows:
         (a)  A laser hair removal facility shall post a warning sign
  as prescribed by the commission [department] in a conspicuous
  location readily visible to a person entering the facility.  The
  sign must provide a toll-free telephone number and e-mail address
  for the department and inform the customer that the customer may
  contact [call] the department.
         (b)  The commission [executive commissioner] shall adopt
  rules specifying the size, content, and design of the sign, with
  wording listing the potential dangers involved.
         SECTION 1.234.  Section 401.518(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A laser hair removal facility operator is responsible
  for maintaining the laser hair removal facility's compliance with
  the requirements of this subchapter and commission [department]
  rules relating to laser and pulsed light devices.
         SECTION 1.235.  Section 401.519(b), Health and Safety Code,
  is amended to read as follows:
         (b)  Under the rules of the commission [department], a laser
  hair removal facility must document with the department the
  facility's contractual relationship with the consulting physician.
         SECTION 1.236.  Section 401.521(b), Health and Safety Code,
  is amended to read as follows:
         (b)  A person who violates Subsection (a) is practicing
  medicine in violation of Subtitle B, Title 3, Occupations Code, and
  is subject to the penalties under that subtitle and Subchapter F,
  Chapter 51, Occupations Code [under Section 401.522].
         SECTION 1.237.  The heading to Section 401.522, Health and
  Safety Code, is amended to read as follows:
         Sec. 401.522.  AMOUNT OF ADMINISTRATIVE PENALTY
  [ENFORCEMENT; PENALTIES].
         SECTION 1.238.  Section 401.522(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The amount of [department may impose] an administrative
  penalty imposed for a violation of this subchapter or a rule adopted
  or order issued [on a person who violates this subchapter or a rule
  adopted] under this subchapter[.  The amount of the penalty] may
  not exceed $5,000 for each violation.
         SECTION 1.239.  Section 455.001, Occupations Code, is
  amended by amending Subdivisions (1) and (2) and adding Subdivision
  (1-a) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a) "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director" [commissioner"] means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.240.  The heading to Subchapter B, Chapter 455,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER]
         SECTION 1.241.  Section 455.053, Occupations Code, is
  amended to read as follows:
         Sec. 455.053.  RULES REGARDING MASSAGE SCHOOLS. Rules
  adopted under this chapter relating to a massage school must
  contain minimum standards for:
               (1)  the issuance, denial, renewal, suspension,
  revocation, or probation of a license under this chapter;
               (2)  the qualifications of professional personnel;
               (3)  the supervision of professional personnel;
               (4)  the equipment essential to the education, health,
  and safety of students, massage school personnel, and the public;
               (5)  the sanitary and hygienic conditions of a massage
  school;
               (6)  the provision of massage therapy or other massage
  services by a massage school or student;
               (7)  the maximum number of hours a student may
  accumulate in a massage school's internship program before the
  student is required to be licensed under this chapter;
               (8)  the educational and clinical records kept by a
  massage school;
               (9)  the organizational structure of a massage school,
  including the lines of authority and the delegation of
  responsibility;
               (10)  fire prevention and safety in a massage school;
               (11)  the massage school's curriculum and educational
  material;
               (12)  massage school inspections; and
               (13)  any other aspect of the operation of a massage
  school that the commission [executive commissioner] considers
  necessary to protect students, massage school personnel, or the
  public.
         SECTION 1.242.  The heading to Subchapter C, Chapter 455,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER C.  POWERS AND DUTIES [OF DEPARTMENT]
         SECTION 1.243.  Section 455.101, Occupations Code, is
  amended to read as follows:
         Sec. 455.101.  GENERAL POWERS AND DUTIES [OF DEPARTMENT].
  (a)  The executive director [department] shall[:
               [(1)]  administer and enforce this chapter.
         (b)  The department shall:
               (1)  [;
               [(2)]  investigate a person who may be engaging in a
  practice that violates this chapter;
               (2) [(3)]  regulate the number and content of school
  hours provided by a massage school or a massage therapy instructor;
  and
               (3) [(4)]  prepare and administer a state examination
  under this chapter.
         SECTION 1.244.  Section 455.103, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 455.103.  MEMORANDUM OF UNDERSTANDING REGARDING
  MASSAGE SCHOOLS.  (a)  The commission [department] may enter into a
  memorandum of understanding with the Texas Education Agency to
  regulate massage schools.
         (b)  A memorandum must:
               (1)  be adopted by the commission [executive
  commissioner] by rule; and
               (2)  limit the total amount of the fees charged by the
  department and the Texas Education Agency for licensing a massage
  school to an amount equal to the amount of the fees the department
  would charge for licensing the massage school in the absence of the
  memorandum.
         SECTION 1.245.  Section 455.151(d), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (d)  The department may issue one or more types of licenses
  not otherwise provided for by this chapter that authorize the
  license holder to perform a service described by Subsection (c).  
  The commission [executive commissioner] may adopt rules governing a
  license issued under this subsection.
         SECTION 1.246.  Section 455.153, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, 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 [provided] by the executive director [department]; and
               (2)  include with the application the application fee
  set by the commission [executive commissioner] by rule.
         SECTION 1.247.  Sections 455.1572(c) and (e), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
         (c)  A provisional license is valid until the date the
  department approves or denies the provisional license holder's
  application for licensing.  The department shall issue a license
  under this chapter to the provisionally licensed person if the
  person:
               (1)  is eligible for a license under Section 51.404 
  [455.1571]; or
               (2)  passes the part of the examination under Section
  455.101 that relates to the applicant's knowledge and understanding
  of the laws and rules relating to the practice of massage therapy in
  this state and:
                     (A)  the department verifies that the person meets
  the academic and experience requirements for licensing under this
  chapter; and
                     (B)  the person satisfies any other licensing
  requirements under this chapter.
         (e)  The commission [executive commissioner] by rule may
  establish a fee for a provisional license.
         SECTION 1.248.  The heading to Section 455.160, Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         Sec. 455.160.  LICENSE TERM AND RENEWAL.
         SECTION 1.249.  Section 455.160(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A license issued under this chapter is valid for two
  years.  A license holder must renew the license biennially.  [The
  license expires unless the license holder submits an application
  for renewal accompanied by the renewal fee prescribed by the
  executive commissioner by rule or by the late fee prescribed by this
  section.]
         SECTION 1.250.  Sections 455.203(a) and (b), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
         (a)  A massage school must meet the minimum standards of
  operation established by commission [department] rule.
         (b)  An instructor must meet the minimum requirements
  established by commission [department] rule.
         SECTION 1.251.  Section 455.251, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 455.251.  GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
  ACTION. (a)  The commission or executive director [department] may
  refuse to issue a license to a person and shall suspend, revoke, or
  refuse to renew the license of a person or shall reprimand a person
  licensed under this chapter if the person:
               (1)  obtains a license by fraud, misrepresentation, or
  concealment of material facts;
               (2)  sells, barters, or offers to sell or barter a
  license;
               (3)  violates a rule adopted by the commission
  [executive commissioner] under this chapter;
               (4)  engages in unprofessional conduct as defined by
  commission [department] rule that endangers or is likely to
  endanger the health, welfare, or safety of the public;
               (5)  violates an order or ordinance adopted by a
  political subdivision under Chapter 243, Local Government Code; or
               (6)  violates this chapter.
         (b)  The commission or executive director [department] shall
  revoke the license of a person licensed as a massage therapist or
  massage therapy instructor if:
               (1)  the person is convicted of, enters a plea of nolo
  contendere or guilty to, or receives deferred adjudication for an
  offense involving prostitution or another sexual offense; or
               (2)  the commission or executive director [department]
  determines the person has practiced or administered massage therapy
  at or for a sexually oriented business.
         (c)  The commission or executive director [department] shall
  revoke the license of a person licensed as a massage school or
  massage establishment if the commission or executive director
  [department] determines that:
               (1)  the school or establishment is a sexually oriented
  business; or
               (2)  an offense involving prostitution or another
  sexual offense that resulted in a conviction for the offense, a plea
  of nolo contendere or guilty to the offense, or a grant of deferred
  adjudication for the offense occurred on the premises of the school
  or establishment.
         SECTION 1.252.  The heading to Section 455.302, Occupations
  Code, is amended to read as follows:
         Sec. 455.302.  AMOUNT OF ADMINISTRATIVE PENALTY.
         SECTION 1.253.  Section 455.302(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an administrative penalty imposed for a
  violation of this chapter or a rule adopted or order issued under
  this chapter may not exceed $1,000 for each violation. Each day a
  violation continues or occurs is a separate violation for purposes
  of imposing a penalty.
         SECTION 1.254.  Section 1952.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by adding Subdivision (2-a) and amending
  Subdivisions (3) and (4) to read as follows:
               (2-a)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (3)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (4)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.255.  The heading to Subchapter B, Chapter 1952,
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
  DEPARTMENT]
         SECTION 1.256.  Section 1952.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1952.051.  GENERAL POWERS AND DUTIES [RULES]. (a)  The
  executive director shall administer and enforce this chapter.
         (b)  The commission [executive commissioner] by rule shall[:
               [(1)]  adopt standards and education requirements
  consistent with those established under Chapter 654, Government
  Code, for the registration of:
               (1) [(A)]  code enforcement officers; and
               (2) [(B)]  code enforcement officers in training[; and
               [(2)     prescribe application forms for original and
  renewal certificates of registration].
         SECTION 1.257.  Section 1952.053(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The register must include:
               (1)  the name, residence, date of birth, and social
  security number of the applicant;
               (2)  the name and address of the employer or business of
  the applicant;
               (3)  the date of the application;
               (4)  the education and experience qualifications of the
  applicant;
               (5)  the action taken by the department regarding the
  application and the date of the action;
               (6)  the serial number of any certificate of
  registration issued to the applicant; and
               (7)  any other information required by commission
  [department] rule.
         SECTION 1.258.  Subchapter B, Chapter 1952, Occupations
  Code, is amended by adding Section 1952.055 to read as follows:
         Sec. 1952.055.  ADVISORY COMMITTEE. The department may
  establish an advisory committee to provide advice and
  recommendations to the department on technical matters relevant to
  the administration of this chapter.
         SECTION 1.259.  Section 1952.102, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1952.102.  ELIGIBILITY TO REGISTER AS CODE ENFORCEMENT
  OFFICER. To be eligible to receive a certificate of registration as
  a code enforcement officer, a person must:
               (1)  submit an application in the manner and on the form
  prescribed by the executive director;
               (2)  have at least one year of full-time experience in
  the field of code enforcement;
               (3) [(2)]  pass the examination required [conducted]
  by the department [or the department's designee];
               (4) [(3)]  pay the application, examination, and
  registration fees; and
               (5) [(4)]  meet any other requirements prescribed by
  this chapter or by commission [department] rule.
         SECTION 1.260.  Section 1952.103(a), Occupations Code, is
  amended to read as follows:
         (a)  An applicant for a certificate of registration under
  this chapter who has less than one year of full-time experience in
  code enforcement is entitled to receive a certificate of
  registration as a code enforcement officer in training on:
               (1)  passing the examination described by Section
  1952.102(3) [1952.102(2)]; [and]
               (2)  paying the required fees; and
               (3)  meeting any other requirement prescribed by this
  chapter or by commission rule.
         SECTION 1.261.  The heading to Section 1952.105, Occupations
  Code, is amended to read as follows:
         Sec. 1952.105.  TERM [RENEWAL OR REINSTATEMENT] OF
  CERTIFICATE; RENEWAL.
         SECTION 1.262.  Section 1952.105(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  A certificate of registration issued under this chapter
  expires on the second anniversary of the date of issuance and may be
  renewed biennially on payment of the required renewal fee and on
  completion of the continuing education requirements prescribed by
  commission [department] rule.
         SECTION 1.263.  Section 1952.1051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1952.1051.  CONTINUING EDUCATION. The commission
  [executive commissioner] by rule shall prescribe continuing
  education requirements for code enforcement officers and code
  enforcement officers in training that:
               (1)  establish the number of hours of continuing
  education required for renewal of a certificate of registration;
               (2)  establish an approved curriculum that includes
  material regarding changes in applicable law; and
               (3)  provide that the approved curriculum may be taught
  by suitable public agencies and by private entities approved by the
  department.
         SECTION 1.264.  Section 1952.151, Occupations Code, is
  amended to read as follows:
         Sec. 1952.151.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
  (a)  The commission or executive director [department] may deny a
  person's application for a certificate of registration if the
  person's certificate or license to engage in code enforcement or a
  related profession has been revoked by another licensing entity in
  this state or another state for:
               (1)  unprofessional conduct;
               (2)  fraud, deceit, or negligence; or
               (3)  misconduct in the practice of code enforcement or
  a related profession.
         (b)  The commission or executive director [department] shall
  suspend or revoke a certificate of registration issued under this
  chapter if the commission or executive director [department]
  determines that the certificate holder:
               (1)  engaged in fraud or deceit in obtaining a
  certificate; or
               (2)  is grossly negligent, incompetent, or guilty of
  misconduct in the practice of code enforcement.
         SECTION 1.265.  Section 1952.252(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.266.  Section 1953.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivisions (1) and (2) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.267.  The heading to Subchapter B, Chapter 1953,
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES [OF EXECUTIVE COMMISSIONER AND
  DEPARTMENT]
         SECTION 1.268.  Section 1953.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1953.051.  GENERAL POWERS AND DUTIES [OF DEPARTMENT].  
  (a)  The executive director shall administer and enforce this
  chapter.
         (b)  The department shall:
               (1)  administer continuing education requirements; and
               (2)  prescribe necessary forms.
         SECTION 1.269.  Subchapter B, Chapter 1953, Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended by adding Section 1953.0512 to read as
  follows:
         Sec. 1953.0512.  ADVISORY COMMITTEE. The department may
  establish an advisory committee to provide advice and
  recommendations to the department on technical matters relevant to
  the administration of this chapter.
         SECTION 1.270.  Section 1953.102, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1953.102.  ELIGIBILITY REQUIREMENTS. (a)  To be
  eligible to receive a certificate of registration as a professional
  sanitarian, a person must:
               (1)  hold at least a bachelor's degree from an
  accredited college or university that includes at least 30 semester
  hours in basic or applied science;
               (2)  complete any additional training in the basic
  sciences or public health the department [executive commissioner]
  determines necessary to effectively serve as a professional
  sanitarian; and
               (3)  have at least two years of full-time experience in
  sanitation.
         (b)  The commission [executive commissioner] by rule may
  establish other qualifications for registration.
         SECTION 1.271.  Section 1953.104(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The department shall issue a certificate of
  registration as a professional sanitarian to a person who:
               (1)  applies in the manner and on the form prescribed by
  the executive director [department];
               (2)  pays the registration fee set by the commission 
  [executive commissioner] by rule;
               (3)  meets the eligibility requirements prescribed by
  Section 1953.102; and
               (4)  passes an examination under Subchapter D.
         SECTION 1.272.  Section 1953.105(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The department shall issue a certificate of
  registration as a sanitarian in training to a person who:
               (1)  is employed in sanitation;
               (2)  meets the eligibility requirements prescribed by
  Section 1953.102, other than the requirements relating to
  experience;
               (3)  pays a registration fee prescribed by the
  commission [executive commissioner] by rule for a sanitarian in
  training; and
               (4)  passes an examination under Subchapter D.
         SECTION 1.273.  The heading to Section 1953.106, Occupations
  Code, is amended to read as follows:
         Sec. 1953.106.  RENEWAL [OR REINSTATEMENT] OF CERTIFICATE.
         SECTION 1.274.  Section 1953.106(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  To renew a certificate of registration under this
  chapter, a professional sanitarian must:
               (1)  pay to the department a renewal fee prescribed by
  the commission [executive commissioner] by rule; and
               (2)  provide proof of completion of continuing
  education requirements [contact hours as] prescribed by the
  commission by rule [executive commissioner].
         SECTION 1.275.  Section 1953.151(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  An applicant for a certificate of registration may not
  take the examination unless the applicant pays the examination fee
  prescribed by the commission [executive commissioner] by rule.
         SECTION 1.276.  Section 1953.201, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1953.201.  DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
  (a)  The commission or executive director [department] may deny a
  person's application for a certificate of registration if:
               (1)  the person's certificate or license to engage in a
  profession in this state or elsewhere has been revoked for
  unprofessional conduct, fraud, deceit, negligence, or misconduct
  in the practice of the profession; or
               (2)  satisfactory proof is presented to the commission
  or executive director [department] establishing that the person has
  been found guilty of unprofessional conduct, fraud, deceit,
  negligence, or misconduct in the practice of a profession.
         (b)  The commission or executive director [department] may
  suspend or revoke a certificate of registration if the certificate
  holder:
               (1)  practiced fraud or deceit in obtaining the
  certificate; or
               (2)  acted in a manner constituting gross negligence,
  incompetency, or misconduct in the practice of sanitation.
         SECTION 1.277.  Section 1953.302(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of an [the] administrative penalty imposed
  for a violation of this chapter or a rule adopted or order issued
  under this chapter may not be less than $50 or more than $5,000 for
  each violation. Each day a violation continues or occurs is a
  separate violation for the purpose of imposing a penalty.
         SECTION 1.278.  Section 1958.001, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivisions (1) and (2) and adding
  Subdivision (1-a) to read as follows:
               (1)  "Commission" means the Texas Commission of
  Licensing and Regulation.
               (1-a)  "Department" means the Texas Department of
  Licensing and Regulation [State Health Services].
               (2)  "Executive director [commissioner]" means the
  executive director [commissioner] of the department [Health and
  Human Services Commission].
         SECTION 1.279.  Section 1958.051, Occupations Code, is
  amended to read as follows:
         Sec. 1958.051.  GENERAL POWERS AND DUTIES [OF DEPARTMENT;
  SCOPE OF AUTHORITY]. The executive director [department] shall
  administer and enforce this chapter to protect the public from the
  adverse health effects of mold.
         SECTION 1.280.  Section 1958.054, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.054.  RULES REGARDING PERFORMANCE STANDARDS AND
  WORK PRACTICES. The commission [executive commissioner] by rule
  shall establish minimum performance standards and work practices
  for conducting a mold assessment or mold remediation in this state.
         SECTION 1.281.  Section 1958.056(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules regarding compliance investigations.
         SECTION 1.282.  Section 1958.058, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.058.  SAFETY STANDARDS. The commission [executive
  commissioner] by rule may develop and establish mold safety
  standards for license holders if appropriate scientific
  information exists regarding the effect of mold.
         SECTION 1.283.  Section 1958.059, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.059.  CODE OF ETHICS. The commission [executive
  commissioner] by rule shall adopt a code of ethics for license
  holders that promotes the education of mold assessors and mold
  remediators concerning the ethical, legal, and business principles
  that should govern their conduct.
         SECTION 1.284.  Section 1958.101(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The commission [executive commissioner] shall adopt
  rules regarding:
               (1)  the scope of mold-related work for which a license
  is required, including the supervision of employees or other
  persons by license holders; and
               (2)  renewal requirements for a license issued under
  this chapter.
         SECTION 1.285.  Section 1958.103, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.103.  REGISTRATION REQUIREMENTS FOR EMPLOYEES.
  The commission [executive commissioner] may adopt rules to require
  the registration of employees supervised by license holders.
         SECTION 1.286.  Section 1958.104, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.104.  RULES REGARDING LICENSE APPLICATION.  The
  commission [executive commissioner] shall adopt rules regarding a
  license application.  The commission [executive commissioner]
  shall adopt rules that establish minimum requirements for a
  license, including:
               (1)  the type of license;
               (2)  the qualifications for the license, including any
  previous training required under Section 1958.106;
               (3)  renewal requirements for the license, including
  ongoing continuing education required under Section 1958.106; and
               (4)  liability insurance requirements for the license.
         SECTION 1.287.  Section 1958.106(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The commission [executive commissioner] shall adopt
  rules regarding training required under this chapter and continuing
  education required for a license holder under this chapter.
         SECTION 1.288.  Section 1958.153(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  The commission [executive commissioner] shall adopt
  rules to implement this section, including rules:
               (1)  describing the information that must be provided
  in the notice; and
               (2)  authorizing verbal notification to the department
  in an emergency.
         SECTION 1.289.  Section 1958.154(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  The commission [executive commissioner] shall adopt
  rules to implement this section, other than rules described by
  Subsection (d).
         SECTION 1.290.  Section 1958.155(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  A license holder who is not an individual shall disclose
  to the department the name, address, and occupation of each person
  that has an ownership interest in the license holder. The license
  holder shall report any changes in ownership to the department. The
  commission [executive commissioner] shall adopt rules to implement
  this section, including rules regarding the form of the disclosure
  and the time required to make disclosures or to report a change in
  ownership.
         SECTION 1.291.  Section 1958.201, Occupations Code, is
  amended to read as follows:
         Sec. 1958.201.  DISCIPLINARY ACTION. If a license holder
  violates this chapter or an order or rule adopted under this
  chapter, the commission or executive director [department], after
  providing the person with notice and an opportunity for a hearing,
  shall take one or more of the following actions:
               (1)  revoke, suspend, or refuse to renew the license;
               (2)  impose an administrative penalty;
               (3)  bring an action to collect a civil penalty; or
               (4)  reprimand the person.
         SECTION 1.292.  Section 1958.252, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 1958.252.  AMOUNT OF PENALTY. (a)  The amount of an
  administrative penalty imposed for a violation of this chapter or a
  rule adopted or order issued under this chapter may not exceed
  $5,000 for each violation. Each day a violation continues under
  Section 1958.101 or 1958.155 may be considered a separate violation
  for purposes of imposing a penalty.
         (b)  The amount shall be based on [In determining the amount
  of the penalty, the department shall consider]:
               (1)  whether the violation was committed knowingly,
  intentionally, or fraudulently;
               (2)  the seriousness of the violation;
               (3)  any hazard created to the health and safety of the
  public;
               (4)  the person's history of previous violations; and
               (5)  any other matter that justice may require.
         SECTION 1.293.  Section 1958.253(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The commission or executive director [department] may
  choose not to impose an administrative penalty under this
  subchapter if, not later than the 10th day after the date of written
  notice of the violation [under Section 1958.254], the person
  provides conclusive evidence that the circumstances giving rise to
  the violation have been corrected and all actual damages are paid.
         SECTION 1.294.  Section 521.374(a), Transportation Code, is
  amended to read as follows:
         (a)  A person whose license is suspended under Section
  521.372 may attend an educational program, approved by the Texas
  Department of Licensing and Regulation [Commission on Alcohol and
  Drug Abuse] under rules adopted by the Texas Commission of
  Licensing and Regulation [commission] and the department, that is
  designed to educate persons on the dangers of drug abuse.
         SECTION 1.295.  Section 521.375, Transportation Code, is
  amended to read as follows:
         Sec. 521.375.  JOINT ADOPTION OF RULES. (a)  The Texas
  Commission of Licensing and Regulation [on Alcohol and Drug Abuse]
  and the department shall jointly adopt rules for the qualification
  and approval of providers of educational programs under Section
  521.374.
         (b)  The Texas Department of Licensing and Regulation
  [Commission on Alcohol and Drug Abuse] shall publish the jointly
  adopted rules.
         SECTION 1.296.  Section 521.376, Transportation Code, is
  amended to read as follows:
         Sec. 521.376.  DUTIES OF TEXAS DEPARTMENT OF LICENSING AND
  REGULATION [COMMISSION ON ALCOHOL AND DRUG ABUSE]; APPLICATION AND
  RENEWAL FEES. The Texas Department of Licensing and Regulation
  [Commission on Alcohol and Drug Abuse]:
               (1)  shall monitor, coordinate, and provide training to
  persons who provide educational programs under Section 521.374;
               (2)  shall administer the approval of those educational
  programs; and
               (3)  may charge a nonrefundable application fee for:
                     (A)  initial certification of approval; and
                     (B)  renewal of the certification.
         SECTION 1.297.  The following provisions of the Health and
  Safety Code are repealed:
               (1)  Section 401.509;
               (2)  Section 401.511;
               (3)  Sections 401.512(b) and (c); and
               (4)  Sections 401.522(b) and (c).
         SECTION 1.298.  The following provisions of the Occupations
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Section 455.051;
               (2)  Section 455.056;
               (3)  Section 455.057;
               (4)  Section 455.058;
               (5)  Section 455.1565;
               (6)  Section 455.1571;
               (7)  Sections 455.160(b), (c), (d), (e), (f), and (g);
               (8)  Section 455.161;
               (9)  Section 455.252;
               (10)  Section 455.253;
               (11)  Section 455.254;
               (12)  Section 455.301;
               (13)  Section 455.303;
               (14)  Section 455.304;
               (15)  Section 455.305;
               (16)  Section 455.306;
               (17)  Section 455.307;
               (18)  Section 455.308;
               (19)  Section 455.309;
               (20)  Section 455.310;
               (21)  Section 455.311;
               (22)  Section 1952.052;
               (23)  Section 1952.054;
               (24)  Section 1952.105(b);
               (25)  Section 1952.152;
               (26)  Section 1952.251;
               (27)  Section 1952.253;
               (28)  Section 1952.254;
               (29)  Section 1952.255;
               (30)  Section 1952.256;
               (31)  Section 1952.257;
               (32)  Section 1952.258;
               (33)  Section 1952.259;
               (34)  Section 1952.260;
               (35)  Section 1952.261;
               (36)  Section 1953.0511;
               (37)  Section 1953.052;
               (38)  Section 1953.054;
               (39)  Section 1953.055;
               (40)  Section 1953.103;
               (41)  Section 1953.106(b);
               (42)  Section 1953.152;
               (43)  Section 1953.202;
               (44)  Section 1953.301;
               (45)  Section 1953.303;
               (46)  Section 1953.304;
               (47)  Section 1953.305;
               (48)  Section 1953.306;
               (49)  Section 1953.307;
               (50)  Section 1953.308;
               (51)  Section 1953.309;
               (52)  Section 1953.310;
               (53)  Section 1953.311;
               (54)  Section 1958.053;
               (55)  Section 1958.055(a);
               (56)  Section 1958.057;
               (57)  Section 1958.107;
               (58)  Section 1958.251;
               (59)  Section 1958.254;
               (60)  Section 1958.255;
               (61)  Section 1958.256;
               (62)  Section 1958.257;
               (63)  Section 1958.258; and
               (64)  Section 1958.302.
  PART 3.  TRANSITION PROVISIONS
         SECTION 1.299.  (a)   A rule or fee of the Department of
  State Health Services that relates to a program transferred under
  this article and that is in effect on the effective date of the
  transfer remains in effect until changed by the Texas Commission of
  Licensing and Regulation.
         (b)  A license, permit, certificate of registration, or
  other authorization issued by the Department of State Health
  Services for a program transferred under this article is continued
  in effect as a license, permit, certificate, or other authorization
  of the Texas Department of Licensing and Regulation after the
  effective date of the transfer.
         (c)  A complaint, investigation, contested case, or other
  proceeding before the Department of State Health Services relating
  to a program transferred under this article that is pending on the
  effective date of the transfer is transferred without change in
  status to the Texas Commission of Licensing and Regulation or Texas
  Department of Licensing and Regulation, as appropriate.
         SECTION 1.300.  (a)  As soon as practicable after the
  effective date of a transfer under this article, the Department of
  State Health Services and the Texas Department of Licensing and
  Regulation shall adopt a transition plan to provide for the orderly
  transfer of powers, duties, functions, programs, and activities
  under this article. The transition plan must provide for the
  transfer to be completed:
               (1)  not later than August 31, 2017, for a program
  transferred under Part 1 of this article; or
               (2)  not later than August 31, 2019, for a program
  transferred under Part 2 of this article.
         (b)  The Department of State Health Services shall provide
  the Texas Department of Licensing and Regulation with access to any
  systems or information necessary for the Texas Department of
  Licensing and Regulation to accept a program transferred under this
  article.
         (c)  On the date specified in the transition plan required
  under Subsection (a) of this section for the transfer of a
  particular program to the Texas Department of Licensing and
  Regulation, if applicable, the existing board associated with the
  program is abolished and the Texas Department of Licensing and
  Regulation shall, as soon as practicable after that date, appoint
  the advisory board for the program.
         (d)  On the date specified in the transition plan required
  under Subsection (a) of this section for the transfer of a
  particular program to the Texas Department of Licensing and
  Regulation, all full-time equivalent employee positions at the
  Department of State Health Services that primarily concern the
  administration or enforcement of the program being transferred
  become positions at the Texas Department of Licensing and
  Regulation. The Texas Department of Licensing and Regulation shall
  post the positions for hiring and, when filling the positions,
  shall give consideration to, but is not required to hire, an
  applicant who, immediately before the date of the transfer, was an
  employee at the Department of State Health Services primarily
  involved in administering or enforcing the transferred program.
         (e)  Not later than August 31, 2017, the Texas Department of
  Licensing and Regulation shall create a health professions division
  to oversee programs transferred under this article and to ensure
  the department develops the necessary health-related expertise.
         SECTION 1.301.  (a)  The Texas Department of Licensing and
  Regulation shall, not later than December 1 of each year, submit a
  report regarding the implementation of this article with respect to
  that calendar year to:
               (1)  the Sunset Advisory Commission;
               (2)  each standing committee of the senate and house of
  representatives having primary jurisdiction over matters related
  to health and human services or the occupational licensing of
  health-related professions; and
               (3)  each advisory board or committee established to
  advise the Texas Department of Licensing and Regulation with regard
  to a program transferred to the department under this article.
         (b)  A report submitted under this section must include:
               (1)  detailed information regarding:
                     (A)  the status of the implementation of the
  transition plan adopted under Section 1.300 of this Act, including
  an explanation of any delays or challenges in implementing the
  plan;
                     (B)  appointments to each advisory board or
  committee established to advise the Texas Department of Licensing
  and Regulation with regard to a program transferred to the
  department under this article; and
                     (C)  the establishment and operation of the health
  professions division of the Texas Department of Licensing and
  Regulation; and
               (2)  any other information the Texas Department of
  Licensing and Regulation considers relevant to the transfer of
  programs to the department under this article.
         (c)  In preparing a report required by this section, the
  Texas Department of Licensing and Regulation shall solicit input
  from the Department of State Health Services and each advisory
  board or committee established to advise the Texas Department of
  Licensing and Regulation with regard to a program transferred to
  the department under this article.
         (d)  The Texas Department of Licensing and Regulation shall
  make each report submitted under this section available to the
  public on the department's Internet website.
         (e)  This section expires January 1, 2020.
  ARTICLE 2.  REGULATORY PROGRAMS TRANSFERRED TO THE TEXAS MEDICAL
  BOARD
         SECTION 2.001.  Section 151.004, Occupations Code, is
  amended to read as follows:
         Sec. 151.004.  APPLICATION OF SUNSET ACT. The Texas Medical
  Board 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 subtitle and Chapters 204, 205,
  [and] 206, 601, 602, 603, and 604 expire September 1, 2017.
         SECTION 2.002.  Chapter 167, Occupations Code, is amended by
  adding Section 167.0091 to read as follows:
         Sec. 167.0091.  REFERRALS FOR CERTAIN PROFESSIONS.
  Notwithstanding any other provision of this chapter, the board, the
  Texas Board of Medical Radiologic Technology, or the Texas Board of
  Respiratory Care, as appropriate, may make a referral to the
  program and require participation in the program as a prerequisite
  for issuing or maintaining a license, certificate, permit, or other
  authorization under Chapter 601, 602, 603, or 604.
         SECTION 2.003.  Section 601.002, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subdivisions (1), (3), and (4) and
  adding Subdivisions (1-a), (4-a), and (4-b) to read as follows:
               (1)  "Advisory board" means the Texas Board of Medical
  Radiologic Technology.
               (1-a)  "Authorized person" means a person who meets or
  exceeds the minimum educational standards of the advisory board
  [department] under Section 601.201.
               (3)  "Direct supervision" means supervision and
  control by a medical radiologic technologist or a practitioner who:
                     (A)  assumes legal liability for a student
  employed to perform a radiologic procedure and enrolled in a
  program that meets the requirements adopted under Section 601.052 
  [601.053]; and
                     (B)  is physically present during the performance
  of the radiologic procedure to provide consultation or direct the
  action of the student.
               (4)  "Education program" means clinical training or any
  other program offered by an organization approved by the advisory
  board [department] that:
                     (A)  has a specified objective;
                     (B)  includes planned activities for
  participants; and
                     (C)  uses an approved method for measuring the
  progress of participants.
               (4-a)  "Hospital" has the meaning assigned by Section
  157.051.
               (4-b)  "Medical board" means the Texas Medical Board.
         SECTION 2.004.  Chapter 601, Occupations Code, is amended by
  adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY
         Sec. 601.021.  TEXAS BOARD OF MEDICAL RADIOLOGIC TECHNOLOGY.
  The Texas Board of Medical Radiologic Technology is an advisory
  board to the Texas Medical Board.
         Sec. 601.022.  APPOINTMENT OF ADVISORY BOARD. (a)  The
  advisory board consists of nine members appointed by the governor
  with the advice and consent of the senate as follows:
               (1)  four medical radiologic technologists who each
  have at least five years of experience as a medical radiologic
  technologist;
               (2)  two physicians licensed in this state who
  supervise medical radiologic technologists; and
               (3)  three members who represent the public.
         (b)  Appointments to the advisory board shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         Sec. 601.023.  MEMBERSHIP ELIGIBILITY AND RESTRICTIONS.
  (a)  In this section, "Texas trade association" means a 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 may not be a public member of the advisory board
  if the person or the person's spouse:
               (1)  is registered, certified, or licensed by a
  regulatory agency in a health care profession;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the medical board or advisory board;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the medical board
  or advisory board; or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the medical board or advisory board
  other than compensation or reimbursement authorized by law for
  advisory board membership, attendance, or expenses.
         (c)  A person may not be a member of the advisory 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 spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of health care.
         (d)  A person may not be a member of the advisory board or act
  as the general counsel to the advisory 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 medical board or
  advisory board.
         Sec. 601.024.  TERMS; VACANCIES. (a)  Members of the
  advisory board are appointed for staggered six-year terms. The
  terms of three members expire on February 1 of each odd-numbered
  year.
         (b)  A member may not serve more than:
               (1)  two consecutive full terms; or
               (2)  a total of three full terms.
         (c)  If a vacancy occurs during a member's term, the governor
  shall appoint a new member to fill the unexpired term.
         Sec. 601.025.  OFFICERS. The governor shall designate a
  member of the advisory board as the presiding officer of the
  advisory board to serve in that capacity at the will of the
  governor.  The advisory board shall select from its membership an
  assistant presiding officer and other officers as the advisory
  board considers necessary to carry out the advisory board's duties.
         Sec. 601.026.  GROUNDS FOR REMOVAL. (a)  It is a ground for
  removal from the advisory board that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Sections 601.022 and 601.023;
               (2)  does not maintain during service on the advisory
  board the qualifications required by Sections 601.022 and 601.023;
               (3)  is ineligible for membership under Section
  601.023;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled advisory board meetings that the member is eligible to
  attend during a calendar year without an excuse approved by a
  majority vote of the advisory board.
         (b)  The validity of an action of the advisory board is not
  affected by the fact that it is taken when a ground for removal of an
  advisory board member exists.
         (c)  If the executive director of the medical board has
  knowledge that a potential ground for removal exists, the executive
  director shall notify the presiding officer of the advisory 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 executive director shall notify the next
  highest ranking officer of the advisory board, who shall then
  notify the governor and the attorney general that a potential
  ground for removal exists.
         Sec. 601.027.  PER DIEM. A member of the advisory board is
  entitled to receive a per diem as set by legislative appropriation
  for each day that the member engages in the business of the advisory
  board.
         Sec. 601.028.  APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
  AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided
  by this chapter, the advisory board is subject to Chapters 551, 552,
  and 2001, Government Code.
         Sec. 601.029.  MEETINGS; QUORUM REQUIREMENTS. (a)  The
  advisory board shall conduct regular meetings at least three times
  a year at the times and places the advisory board considers most
  convenient for applicants and advisory board members.
         (b)  The advisory board may hold special meetings in
  accordance with rules adopted by the advisory board and approved by
  the medical board.
         (c)  A majority of the advisory board members constitutes a
  quorum for all purposes except for an advisory board activity
  related to examining the credentials of applicants, acting as a
  panel for disciplinary action under Section 601.306, or conducting
  an informal meeting under Section 601.311.
         Sec. 601.030.  TRAINING. (a)  A person who is appointed to
  and qualifies for office as a member of the advisory board may not
  vote, deliberate, or be counted as a member in attendance at a
  meeting of the advisory board until the person completes a training
  program that complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this chapter and the advisory board's programs,
  functions, rules, and budget;
               (2)  the results of the most recent formal audit of the
  advisory board;
               (3)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (4)  any applicable ethics policies adopted by the
  advisory board or the Texas Ethics Commission.
         (c)  A person appointed to the advisory 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 attendance at the program occurs before
  or after the person qualifies for office.
         SECTION 2.005.  The heading to Subchapter B, Chapter 601,
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES OF ADVISORY BOARD [EXECUTIVE
  COMMISSIONER] AND MEDICAL BOARD [DEPARTMENT]
         SECTION 2.006.  Section 601.052, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.052.  GENERAL POWERS AND DUTIES OF ADVISORY BOARD 
  [RULES]. The advisory board shall:
               (1)  [executive commissioner may] adopt rules that are
  reasonable and necessary for the performance of the advisory
  board's duties under [to implement] this chapter, as provided by
  Chapter 2001, Government Code, including rules to establish:
                     (A)  the certification program required by
  Subchapter C, including minimum standards for issuing, renewing,
  suspending, canceling, or revoking a certificate;
                     (B)  certification renewal dates; 
                     (C)  the registry required by Subchapter E;
                     (D)  grounds for disciplinary actions;
                     (E)  procedures for disciplinary proceedings;
                     (F)  procedures for non-disciplinary remedial
  plans;
                     (G)  minimum standards for approving and
  rescinding approval of curricula and education programs to train
  medical radiologic technologists to perform radiologic procedures;
                     (H)  minimum standards for approving and
  rescinding approval of instructors to teach approved curricula or
  education programs to train medical radiologic technologists to
  perform radiologic procedures;
                     (I)  procedures for requiring an applicant for or
  holder of a certificate to submit to:
                           (i)  an examination of the applicant's or
  holder's physical or mental health; and
                           (ii)  screening for alcohol or substance
  abuse or behavioral issues; and
                     (J)  procedures for making a confidential
  referral to the Texas Physician Health Program established under
  Chapter 167, and for requiring participation in the program as a
  prerequisite for issuing or maintaining a certificate under this
  chapter or approval under Section 601.054 or 601.055;
               (2)  review and approve or reject each application for
  the issuance or renewal of a certificate;
               (3)  issue each certificate;
               (4)  deny, suspend, or revoke a certificate or
  otherwise discipline a certificate holder; and
               (5)  take any action necessary to carry out the
  functions and duties of the advisory board under this chapter.
         SECTION 2.007.  Subchapter B, Chapter 601, Occupations Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended by adding Sections 601.0521 and 601.0522
  to read as follows:
         Sec. 601.0521.  GUIDELINES FOR EARLY INVOLVEMENT IN
  RULEMAKING PROCESS. (a)  The advisory board shall adopt guidelines
  to establish procedures for receiving input during the rulemaking
  process from individuals and groups that have an interest in
  matters under the advisory board's jurisdiction.  The guidelines
  must provide an opportunity for those individuals and groups to
  provide input before the advisory board submits the rule to the
  medical board for approval.
         (b)  A rule adopted under this chapter may not be challenged
  on the grounds that the advisory board did not comply with this
  section.  If the advisory board was unable to solicit a significant
  amount of input from the public or affected persons early in the
  rulemaking process, the advisory board shall state in writing the
  reasons why it was unable to do so.
         Sec. 601.0522.  POWERS AND DUTIES OF MEDICAL BOARD RELATING
  TO RADIOLOGIC PROCEDURES. (a)  The medical board shall adopt rules
  consistent with this chapter to regulate individuals who:
               (1)  perform radiologic procedures; and
               (2)  are licensed by the medical board and supervise an
  individual who performs radiologic procedures.
         (b)  The medical board, by a majority vote, shall approve or
  reject each rule adopted by the advisory board. If approved, the
  rule may take effect. If the rule is rejected, the medical board
  shall return the rule to the advisory board for revision.
         SECTION 2.008.  Section 601.054, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.054.  APPROVAL AND REVIEW OF CURRICULA AND TRAINING
  PROGRAMS. (a)  An applicant for approval of a curriculum or
  training program must apply to the advisory board [department] on a
  form [prescribed by the department] and under rules adopted by the
  advisory board [executive commissioner].
         (b)  The advisory board [department] shall approve a
  curriculum or training program that meets the minimum standards
  adopted under Section 601.052 [601.053]. The advisory board
  [department] may review the approval annually.
         (c)  The advisory board [executive commissioner] may set a
  fee for approval of a curriculum or training program not to exceed
  the estimated amount that the advisory board [department] projects
  to be required for the evaluation of the curriculum or training
  program.
         SECTION 2.009.  Section 601.055, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.055.  APPROVAL AND REVIEW OF INSTRUCTOR APPROVAL.
  (a)  An applicant for approval of an instructor must apply to the
  advisory board [department] on a form [prescribed by the
  department] and under rules adopted by the advisory board 
  [executive commissioner].
         (b)  The advisory board [department] shall approve an
  instructor who meets the minimum standards adopted under Section
  601.052 [601.053]. The advisory board [department] may review the
  approval annually.
         SECTION 2.010.  Section 601.056(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The medical board, [executive commissioner] with the
  assistance of the Texas Board of Nursing, the Texas Physician
  Assistant Board, and other appropriate state agencies, shall
  identify by rule radiologic procedures, other than radiologic
  procedures described by Subsection (c), that are dangerous or
  hazardous and that may be performed only by a practitioner, [or a]
  medical radiologic technologist certified under this chapter,
  registered nurse, or licensed physician assistant.
         SECTION 2.011.  Section 601.057, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.057.  FEES. The advisory board by rule [executive
  commissioner] may set fees for examination, certificate issuance,
  registration of a person under Section 601.202, and application
  processing under Section 601.203 in amounts that are reasonable to
  cover the costs of administering this chapter without the use of
  additional general revenue.  [The fees for issuing or renewing a
  certificate must be in amounts designed to allow the department to
  recover from the certificate holders all of the department's direct
  and indirect costs in administering and enforcing this chapter.]
         SECTION 2.012.  Subchapter B, Chapter 601, Occupations Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended by adding Sections 601.0571 and 601.0572
  to read as follows:
         Sec. 601.0571.  FEE REFUND ON CANCELLATION. The advisory
  board may adopt rules relating to the refund of a fee for the
  issuance or renewal of a certificate after the cancellation of a
  certificate.
         Sec. 601.0572.  RULES ON CONSEQUENCES OF CRIMINAL
  CONVICTION. The advisory board shall adopt rules and guidelines as
  necessary to comply with Chapter 53, except to the extent the
  requirements of this chapter are stricter than the requirements of
  Chapter 53.
         SECTION 2.013.  Section 601.058, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.058.  RULES RESTRICTING ADVERTISING OR COMPETITIVE
  BIDDING. (a)  The advisory board [executive commissioner] may not
  adopt rules restricting advertising or competitive bidding by a
  medical radiologic technologist except to prohibit false,
  misleading, or deceptive practices.
         (b)  In adopting rules to prohibit false, misleading, or
  deceptive practices, the advisory board [executive commissioner]
  may not include a rule that:
               (1)  restricts the use of any medium for advertising;
               (2)  restricts the use of a medical radiologic
  technologist's personal appearance or voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the medical radiologic technologist; or
               (4)  restricts the medical radiologic technologist's
  advertisement under a trade name.
         SECTION 2.014.  Subchapter B, Chapter 601, Occupations Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended by adding Sections 601.059 and 601.060 to
  read as follows:
         Sec. 601.059.  ASSISTANCE BY MEDICAL BOARD; DIVISION OF
  RESPONSIBILITIES. (a)  The medical board shall provide
  administrative and clerical employees as necessary to enable the
  advisory board to administer this chapter.
         (b)  Subject to the advice and approval of the medical board,
  the advisory board shall develop and implement policies that
  clearly separate the policy-making responsibilities of the
  advisory board and the management responsibilities of the executive
  director and staff of the medical board.
         Sec. 601.060.  PUBLIC PARTICIPATION. Subject to the advice
  and approval of the medical board, the advisory board shall develop
  and implement policies that provide the public with a reasonable
  opportunity to appear before the advisory board and to speak on any
  issue under the jurisdiction of the advisory board. 
         SECTION 2.015.  Section 601.102, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.102.  CLASSES OF CERTIFICATES. (a)  The advisory
  board [executive commissioner] shall establish classes of
  certificates to include all radiologic procedures used in the
  course and scope of the practice of practitioners licensed in this
  state.
         (b)  The advisory board [department] may issue to a person:
               (1)  a general certificate to perform radiologic
  procedures; or
               (2)  a limited certificate that authorizes the person
  to perform radiologic procedures only on specific parts of the
  human body.
         (c)  The advisory board [department] may issue to a person a
  temporary general certificate or a temporary limited certificate
  that authorizes the person to perform radiologic procedures for a
  period not to exceed one year.
         SECTION 2.016.  Subchapter C, Chapter 601, Occupations Code,
  is amended by adding Section 601.1031 to read as follows:
         Sec. 601.1031.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR REGISTRATION. (a)  The advisory board shall
  require that an applicant for a certificate submit a complete and
  legible set of fingerprints, on a form prescribed by the advisory
  board, to the advisory 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 advisory board may not issue a certificate to a
  person who does not comply with the requirement of Subsection (a).
         (c)  The advisory board shall conduct a criminal history
  check of each applicant for a certificate using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the advisory 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 advisory board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history 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 check.
         SECTION 2.017.  Section 601.104, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.104.  EXAMINATION.  (a)  The advisory board 
  [executive commissioner] may adopt rules providing for the
  preparation and administration of an examination for applicants for
  a certificate.
         (b)  An applicant for a certificate must pass a jurisprudence 
  examination approved by the advisory board.
         SECTION 2.018.  Section 601.1041, Occupations Code, is
  amended to read as follows:
         Sec. 601.1041.  NOTIFICATION OF EXAMINATION RESULTS.
  (a)  Not later than the 30th day after the date a person takes an
  examination for a certificate under this chapter, the advisory
  board [department] shall notify the person of the results of the
  examination.
         (b)  If the examination is graded or reviewed by a testing
  service, the advisory board [department] shall notify the person of
  the results of the examination not later than the 14th day after the
  date the advisory board [department] receives the results from the
  testing service. If notice of the examination results will be
  delayed for longer than 90 days after the examination date, the
  advisory board [department] shall notify the person of the reason
  for the delay before the 90th day.
         (c)  The advisory board [department] may require a testing
  service to notify a person of the results of the person's
  examination.
         (d)  If requested in writing by a person who fails an
  examination for a certificate administered under this chapter, the
  advisory board [department] shall furnish the person with an
  analysis of the person's performance on the examination.
         SECTION 2.019.  Section 601.105, Occupations Code, is
  amended by amending Subsection (a) and adding Subsection (c) to
  read as follows:
         (a)  The advisory board [department] shall issue a
  certificate to an applicant who:
               (1)  meets the minimum standards for certification
  established under Section 601.052;
               (2)  passes the required examinations;
               (3)  complies with the criminal history record
  information requirement of Section 601.1031;
               (4)  submits an application on a form prescribed by the
  advisory board;
               (5)  pays the required application fee;
               (6)  certifies that the applicant is mentally and
  physically able to perform radiologic procedures; and
               (7)  submits to the advisory board any other
  information the advisory board considers necessary to evaluate the
  applicant's qualifications [601.053].
         (c)  The advisory board may delegate authority to medical
  board employees to issue certificates under this chapter to
  applicants who clearly meet all certification requirements.  If the
  medical board employees determine that the applicant does not
  clearly meet all certification requirements, the application must
  be returned to the advisory board.  A certificate issued under this
  subsection does not require formal advisory board approval.
         SECTION 2.020.  Section 601.107, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.107.  CERTIFICATION BY ENDORSEMENT. In adopting
  minimum standards for certifying medical radiologic technologists,
  the advisory board [executive commissioner] may establish criteria
  for issuing a certificate to a person licensed or otherwise
  registered as a medical radiologic technologist by the American
  Registry of Radiologic Technologists, the American Registry of
  Clinical Radiography Technologists, or another state whose
  requirements for licensure or registration were on the date of
  licensing or registration substantially equal to the requirements
  of this chapter.
         SECTION 2.021.  Section 601.108, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.108.  CONTINUING EDUCATION AND OTHER GUIDELINES.
  (a)  The advisory board [executive commissioner] may establish
  guidelines.
         (b)  The advisory board [executive commissioner] shall
  provide for the preparation, recognition, or administration of
  continuing education programs for medical radiologic technologists
  in which participation is required, to the extent required by the
  advisory board [department], to keep the person's certificate.
         SECTION 2.022.  Section 601.109, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.109.  PROVISIONAL CERTIFICATE. (a)  The advisory
  board [department] may issue a provisional certificate to an
  applicant currently licensed or certified in another jurisdiction
  who seeks certification in this state and who:
               (1)  has been licensed or certified in good standing as
  a medical radiologic technologist for at least two years in another
  jurisdiction, including a foreign country, that has licensing or
  certification requirements substantially equivalent to the
  requirements of this chapter;
               (2)  has passed a national or other examination
  recognized by the advisory board [department] relating to the
  practice of radiologic technology; and
               (3)  is sponsored by a medical radiologic technologist
  certified by the advisory board [department] under this chapter
  with whom the provisional certificate holder will practice during
  the time the person holds a provisional certificate.
         (b)  The advisory board [department] may waive the
  requirement of Subsection (a)(3) for an applicant if the advisory
  board [department] determines that compliance with that subsection
  would be a hardship to the applicant.
         (c)  A provisional certificate is valid until the date the
  advisory board [department] approves or denies the provisional
  certificate holder's application for a certificate. The advisory
  board [department] shall issue a certificate under this chapter to
  the provisional certificate holder if:
               (1)  the provisional certificate holder is eligible to
  be certified under Section 601.107; or
               (2)  the provisional certificate holder passes the part
  of the examination under Section 601.104 that relates to the
  applicant's knowledge and understanding of the laws and rules
  relating to the practice of radiologic technology in this state
  and:
                     (A)  the advisory board [department] verifies
  that the provisional certificate holder meets the academic and
  experience requirements for a certificate under this chapter; and
                     (B)  the provisional certificate holder satisfies
  any other licensing requirements under this chapter.
         (d)  The advisory board [department] must approve or deny a
  provisional certificate holder's application for a certificate not
  later than the 180th day after the date the provisional certificate
  is issued. The advisory board [department] may extend the 180-day
  period if the results of an examination have not been received by
  the advisory board [department] before the end of that period.
         (e)  The advisory board [executive commissioner] by rule may
  establish a fee for a provisional certificate in an amount
  reasonable and necessary to cover the cost of issuing the
  certificate [designed to allow the department to recover from the
  certificate holders all of the department's direct and indirect
  costs in administering and enforcing this chapter].
         SECTION 2.023.  Section 601.110, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.110.  CERTIFICATE EXPIRATION. (a)  Not later than
  the 30th day before the date a person's certificate is scheduled to
  expire, the advisory board [department] shall send written notice
  of the impending expiration to the person at the person's last known
  address according to the records of the advisory board
  [department].
         (b)  The advisory board [executive commissioner] by rule may
  adopt a system under which certificates expire on various dates
  during the year. For the year in which the certificate expiration
  date is changed, the advisory board [department] shall prorate
  certificate fees on a monthly basis so that each certificate holder
  pays only that portion of the certificate fee that is allocable to
  the number of months during which the certificate is valid. On
  renewal of the certificate on the new expiration date, the total
  certificate renewal fee is payable.
         SECTION 2.024.  Section 601.111, Occupations Code, is
  amended to read as follows:
         Sec. 601.111.  CERTIFICATE RENEWAL [PROCEDURE]. (a)  On
  notification from the advisory board, a [A] person who is otherwise
  eligible to renew a certificate may renew an unexpired certificate
  by:
               (1)  paying the required renewal fee to the advisory
  board [department] before the expiration date of the certificate;
               (2)  submitting the appropriate form; and
               (3)  meeting any other requirement established by
  advisory board rule.
         (a-1)  A person whose certificate has expired may not engage
  in activities that require a certificate until the certificate has
  been renewed.
         (b)  A person whose certificate has been expired for 90 days
  or less may renew the certificate by paying to the advisory board
  [department] a renewal fee that is equal to 1-1/2 times the normally
  required renewal fee.
         (c)  A person whose certificate has been expired for more
  than 90 days but less than one year may renew the certificate by
  paying to the advisory board [department] a renewal fee that is
  equal to two times the normally required renewal fee.
         (d)  A person whose certificate has been expired for one year
  or more may not renew the certificate. The person may obtain a new
  certificate by complying with the requirements and procedures,
  including the examination requirements, for an original
  certificate.
         SECTION 2.025.  Subchapter C, Chapter 601, Occupations Code,
  is amended by adding Section 601.1111 to read as follows:
         Sec. 601.1111.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR RENEWAL. (a)  An applicant for renewal of a
  certificate shall submit a complete and legible set of fingerprints
  for purposes of performing a criminal history check of the
  applicant as provided by Section 601.1031.
         (b)  The advisory board may not renew the certificate of a
  person who does not comply with the requirement of Subsection (a).
         (c)  A certificate holder is not required to submit
  fingerprints under this section for the renewal of the certificate
  if the holder has previously submitted fingerprints under:
               (1)  Section 601.1031 for the initial issuance of the
  certificate of registration; or
               (2)  this section as part of a prior renewal of a
  certificate of registration.
         SECTION 2.026.  The heading to Section 601.112, Occupations
  Code, is amended to read as follows:
         Sec. 601.112.  RENEWAL OF CERTIFICATE BY OUT-OF-STATE PERSON
  [PRACTITIONER].
         SECTION 2.027.  Section 601.112(b), Occupations Code, is
  amended to read as follows:
         (b)  The person must pay to the advisory board [department] a
  fee that is equal to two times the normally required renewal fee for
  the certificate.
         SECTION 2.028.  Section 601.154, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.154.  HOSPITAL PROCEDURES. A person is not
  required to hold a certificate issued under this chapter to perform
  a radiologic procedure in a hospital if:
               (1)  the hospital participates in the federal Medicare
  program or is accredited by the Joint Commission on Accreditation
  of Hospitals; and
               (2)  the person has completed a training program
  approved by the advisory board [department] under Section 601.201.
         SECTION 2.029.  Section 601.156, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.156.  PROCEDURE PERFORMED AS PART OF CONTINUING
  EDUCATION PROGRAM. A person is not required to hold a certificate
  issued under this chapter or to comply with the registration
  requirements adopted under Section 601.252 if the person is:
               (1)  licensed or otherwise registered as a medical
  radiologic technologist by another state, the American Registry of
  Radiologic Technologists, the American Registry of Clinical
  Radiography Technologists, or a professional organization or
  association recognized by the advisory board [department];
               (2)  enrolled in a continuing education program that
  meets the requirements adopted under Section 601.108; and
               (3)  performing a radiologic procedure as part of the
  continuing education program for not more than 10 days.
         SECTION 2.030.  Subchapter E, Chapter 601, Occupations Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
  SUBCHAPTER E.  MANDATORY TRAINING FOR CERTAIN AUTHORIZED PERSONS
         Sec. 601.201.  MANDATORY TRAINING. (a)  The minimum
  standards of the advisory board [department] for approval of a
  curriculum or an education program under Section 601.052 [601.053]
  must include mandatory training guidelines for a person, other than
  a practitioner, [or a] medical radiologic technologist, registered
  nurse, or licensed physician assistant, who intentionally uses
  radiologic technology, including a person who does not hold a
  certificate issued under this chapter and who is performing a
  radiologic procedure at a hospital or under the direction of a
  practitioner, other than a dentist.
         (b)  The training program approved by the advisory board
  [department] must contain an appropriate number of hours of
  education that must be completed before the person may perform a
  radiologic procedure.
         Sec. 601.202.  REGISTRY. The advisory board [executive
  commissioner] by rule shall establish a registry of persons
  required to comply with this subchapter.
         Sec. 601.203.  HARDSHIP EXEMPTION. (a)  On application to
  the advisory board [department] by a hospital, a federally
  qualified health center as defined by 42 U.S.C. Section 1396d, or a
  practitioner, the advisory board [department] shall exempt the
  applicant from the requirements of Section 601.201 in employing a
  person certified under this chapter or trained as required by
  Section 601.201 if the applicant shows a hardship in employing a
  person certified under this chapter or trained as required by
  Section 601.201.
         (b)  The following conditions are considered to be a hardship
  for the purposes of Subsection (a):
               (1)  that the applicant reports an inability to attract
  and retain medical radiologic technologists;
               (2)  that the applicant is located at a great distance
  from a school of medical radiologic technology;
               (3)  that there is a list of qualified persons who have
  applied to a school of medical radiologic technology whose
  admissions are pending because of a lack of faculty or space;
               (4)  that the school of medical radiologic technology
  produces an insufficient number of graduates in medical radiologic
  technology to meet the needs of the applicant; or
               (5)  any other criteria determined by advisory board
  [department] rule.
         SECTION 2.031.  Section 601.251, Occupations Code, is
  amended to read as follows:
         Sec. 601.251.  APPLICABILITY. This subchapter applies to
  the:
               (1)  Texas Board of Nursing;
               (2)  Texas Board of Chiropractic Examiners;
               (3)  State Board of Dental Examiners;
               (4)  Texas Medical Board; [and]
               (5)  Texas State Board of Podiatric Medical Examiners;
  and
               (6)  Texas Physician Assistant Board.
         SECTION 2.032.  Section 601.252(a), Occupations Code, is
  amended to read as follows:
         (a)  Each agency subject to this subchapter, other than the
  Texas Board of Nursing and the Texas Physician Assistant Board,
  shall adopt rules to regulate the manner in which a person who holds
  a license issued by the agency may order, instruct, or direct
  another authorized person in the performance of a radiologic
  procedure.
         SECTION 2.033.  Section 601.253(a), Occupations Code, is
  amended to read as follows:
         (a)  The Texas Board of Nursing shall [may] adopt rules
  governing registered nurses performing radiologic procedures under
  Section 601.151 or 601.154, including rules:
               (1)  establishing mandatory training guidelines; and
               (2)  requiring [shall require] registered nurses
  performing radiologic procedures under Section 601.151 to register
  with the Texas Board of Nursing and to identify the practitioner
  ordering the procedures.
         SECTION 2.034.  Subchapter F, Chapter 601, Occupations Code,
  is amended by adding Section 601.254 to read as follows:
         Sec. 601.254.  TEXAS PHYSICIAN ASSISTANT BOARD. (a)  The
  Texas Physician Assistant Board shall adopt rules governing
  licensed physician assistants performing radiologic procedures
  under Section 601.151 or 601.154, including rules:
               (1)  establishing mandatory training guidelines; and 
               (2)  requiring licensed physician assistants
  performing radiologic procedures under Section 601.151 to register
  with the Texas Physician Assistant Board and to identify the
  practitioner ordering the procedures.
         (b)  The Texas Physician Assistant Board shall notify the
  agency licensing the practitioner that the physician assistant has
  registered under this section.
         SECTION 2.035.  Chapter 601, Occupations Code, is amended by
  adding Subchapter F-1 to read as follows:
  SUBCHAPTER F-1.  COMPLAINTS AND INVESTIGATIVE INFORMATION
         Sec. 601.271.  COMPLAINT INFORMATION AND STATUS. (a)  The
  advisory board shall maintain a system to promptly and efficiently
  act on complaints filed with the advisory board.  The advisory
  board shall maintain:
               (1)  information about the parties to the complaint and
  the subject matter of the complaint;
               (2)  a summary of the results of the review or
  investigation of the complaint; and
               (3)  information about the disposition of the
  complaint.
         (b)  The advisory board shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  If a written complaint is filed with the advisory board
  relating to a certificate holder or a person approved under Section
  601.054 or 601.055, the advisory board, as often as quarterly and
  until final determination of the action to be taken on the
  complaint, shall notify the parties to the complaint of the status
  of the complaint unless the notice would jeopardize an active
  investigation.
         Sec. 601.272.  CONDUCT OF INVESTIGATION. The advisory board
  shall complete a preliminary investigation of a complaint filed
  with the advisory board not later than the 45th day after the date
  of receiving the complaint.  The advisory board shall first
  determine whether the person constitutes a continuing threat to the
  public welfare.  On completion of the preliminary investigation,
  the advisory board shall determine whether to officially proceed on
  the complaint.  If the advisory board fails to complete the
  preliminary investigation in the time required by this section, the
  advisory board's official investigation of the complaint is
  considered to commence on that date.
         Sec. 601.273.  ACCESS TO COMPLAINT INFORMATION. (a)  Except
  as provided by Subsection (b), the advisory board shall provide a
  person who is the subject of a formal complaint filed under this
  chapter with access to all information in its possession that the
  advisory board intends to offer into evidence in presenting its
  case in chief at the contested hearing on the complaint, subject to
  any other privilege or restriction established by rule, statute, or
  legal precedent. The advisory board shall provide the information
  not later than the 30th day after receipt of a written request from
  the person or the person's counsel, unless good cause is shown for
  delay.
         (b)  The advisory board is not required to provide:
               (1)  advisory board investigative reports;
               (2)  investigative memoranda;
               (3)  the identity of a nontestifying complainant;
               (4)  attorney-client communications;
               (5)  attorney work product; or
               (6)  other material covered by a privilege recognized
  by the Texas Rules of Civil Procedure or the Texas Rules of
  Evidence.
         (c)  Providing information under this section does not
  constitute a waiver of privilege or confidentiality under this
  chapter or other law.
         Sec. 601.274.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.
  On the written request of a health care entity, the advisory board
  shall provide to the entity:
               (1)  information about a complaint filed against a
  person that was resolved after investigation by:
                     (A)  a disciplinary order of the advisory board;
  or
                     (B)  an agreed settlement; and
               (2)  the basis of and current status of any complaint
  that has been referred by the executive director of the medical
  board for enforcement action.
         Sec. 601.275.  CONFIDENTIALITY OF INVESTIGATIVE
  INFORMATION. A complaint, adverse report, investigation file,
  other report, or other investigative information in the possession
  of or received or gathered by the advisory board, the medical board,
  or an employee or agent of the medical board relating to a
  certificate holder, a person approved under Section 601.054 or
  601.055, an application for certification or approval, or a
  criminal investigation or proceeding is privileged and
  confidential and is not subject to discovery, subpoena, or other
  means of legal compulsion for release to any person other than the
  advisory board, the medical board, or an employee or agent of the
  advisory board or medical board involved in discipline under this
  chapter. For purposes of this section, "investigative information"
  includes information related to the identity of a person performing
  or supervising compliance monitoring for the advisory board or
  medical board and a report prepared by the person related to
  compliance monitoring.
         Sec. 601.276.  PERMITTED DISCLOSURE OF INVESTIGATIVE
  INFORMATION. (a)  Investigative information in the possession of
  the advisory board, the medical board, or an employee or agent of
  the medical board that relates to the discipline of a certificate
  holder or a person approved under Section 601.054 or 601.055, may be
  disclosed to:
               (1)  a licensing authority in another state or country
  in which the certificate holder or person is licensed, certified,
  or permitted or has applied for a license, certification, or
  permit; or
               (2)  a medical peer review committee reviewing:
                     (A)  an application for privileges; or
                     (B)  the qualifications of the certificate holder
  or person with respect to retaining privileges.
         (b)  If investigative information in the possession of the
  advisory board, the medical board, or an employee or agent of the
  medical board indicates that a crime may have been committed, the
  advisory board or medical board, as appropriate, shall report the
  information to the proper law enforcement agency. The advisory
  board and medical board shall cooperate with and assist each law
  enforcement agency conducting a criminal investigation of a
  certificate holder or a person approved under Section 601.054 or
  601.055 by providing information relevant to the investigation.
  Confidential information disclosed to a law enforcement agency
  under this subsection remains confidential and may not be disclosed
  by the law enforcement agency except as necessary to further the
  investigation.
         SECTION 2.036.  Subchapter G, Chapter 601, Occupations Code,
  as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
  SUBCHAPTER G.  CERTIFICATE DENIAL AND DISCIPLINARY ACTION
         Sec. 601.301.  CERTIFICATE DENIAL AND DISCIPLINARY ACTION.
  The advisory board [department] may, for a violation of this
  chapter or a rule adopted under this chapter:
               (1)  suspend, restrict, revoke, or refuse to renew a
  certificate;
               (2)  rescind approval of a curriculum, training
  program, or instructor;
               (3)  deny an application for certification or approval;
               (4)  issue a reprimand; or
               (5)  place the offender's certificate on probation and
  require compliance with a requirement of the advisory board
  [department], including requiring the offender to:
                     (A)  submit to medical or psychological
  treatment;
                     (B)  meet additional education requirements;
                     (C)  pass an examination; or
                     (D)  work under the supervision of a medical
  radiologic technologist or other practitioner.
         Sec. 601.302.  GROUNDS FOR CERTIFICATE DENIAL OR
  DISCIPLINARY ACTION. The advisory board [department] may take
  action under Section 601.301 against a person subject to this
  chapter for:
               (1)  obtaining or attempting to obtain a certificate
  issued under this chapter by bribery or fraud;
               (2)  making or filing a false report or record made in
  the person's capacity as a medical radiologic technologist;
               (3)  intentionally or negligently failing to file a
  report or record required by law;
               (4)  intentionally obstructing or inducing another to
  intentionally obstruct the filing of a report or record required by
  law;
               (5)  engaging in unprofessional conduct, including the
  violation of the standards of practice of radiologic technology
  established by the advisory board [department];
               (6)  developing an incapacity that prevents the
  practice of radiologic technology with reasonable skill,
  competence, and safety to the public as the result of:
                     (A)  an illness;
                     (B)  drug or alcohol dependency; or
                     (C)  another physical or mental condition or
  illness;
               (7)  failing to report to the advisory board
  [department] the violation of this chapter by another person;
               (8)  employing, for the purpose of applying ionizing
  radiation to a person, a person who is not certified under or in
  compliance with this chapter;
               (9)  violating this chapter, a rule adopted under this
  chapter, an order of the advisory board [department] previously
  entered in a disciplinary proceeding, or an order to comply with a
  subpoena issued by the advisory board [department];
               (10)  having a certificate revoked, suspended, or
  otherwise subjected to adverse action or being denied a certificate
  by another certification authority in another state, territory, or
  country; or
               (11)  being convicted of or pleading nolo contendere to
  a crime directly related to the practice of radiologic technology.
         Sec. 601.303.  STUDENT PRACTICING WITHOUT DIRECT
  SUPERVISION. The advisory board [department] may take disciplinary
  action against a student for intentionally practicing radiologic
  technology without direct supervision.
         Sec. 601.304.  ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE
  HEARING. For a contested case hearing in which a formal complaint
  has been filed under this chapter, the [The] procedure by which the
  advisory board [department] takes a disciplinary action and the
  procedure by which a disciplinary action is appealed are governed
  by:
               (1)  advisory board [department] rules for a contested
  case hearing; and
               (2)  Chapter 2001, Government Code.
         Sec. 601.305.  SURRENDER OF CERTIFICATE [REINSTATEMENT].
  (a)  The advisory board may accept the voluntary surrender of a
  certificate.  A person who has surrendered a certificate may not
  engage in activities that require a certificate, and the advisory
  board may not return the certificate to the person, until the person
  demonstrates to the satisfaction of the advisory board [subject to
  disciplinary action under Section 601.302(6) shall, at reasonable
  intervals, be given an opportunity to demonstrate] that the person
  is able to resume the practice of radiologic technology.
         (b)  The advisory board shall by rule establish guidelines
  for determining when a person is competent to resume [department
  may not reinstate a certificate to a holder or issue a certificate
  to an applicant previously denied a certificate unless the
  department is satisfied that the holder or applicant has complied
  with requirements set by the department and is capable of engaging
  in] the practice of radiologic technology.
         Sec. 601.306.  EMERGENCY SUSPENSION. (a)  The presiding
  officer of the advisory board shall appoint a three-member
  disciplinary panel consisting of advisory board members to
  determine whether a certificate should be temporarily suspended.
         (a-1)  The disciplinary panel [department] shall temporarily
  suspend the certificate of a certificate holder if the panel
  [department] determines from the evidence or information presented
  to it that continued practice by the certificate holder would
  constitute a continuing [and imminent] threat to the public
  welfare.
         (b)  A certificate may be suspended under this section
  without notice or hearing on the complaint if:
               (1)  action is taken to initiate proceedings for a
  hearing before the advisory board [State Office of Administrative
  Hearings] simultaneously with the temporary suspension; and
               (2)  a hearing is held as soon as practicable under this
  chapter and Chapter 2001, Government Code.
         (c)  Notwithstanding Chapter 551, Government Code, the
  disciplinary panel may hold a meeting by telephone conference call
  if immediate action is required and convening of the panel at one
  location is inconvenient for any member of the panel [The State
  Office of Administrative Hearings shall hold a preliminary hearing
  not later than the 14th day after the date of the temporary
  suspension to determine if there is probable cause to believe that a
  continuing and imminent threat to the public welfare still exists.
  A final hearing on the matter shall be held not later than the 61st
  day after the date of the temporary suspension].
         Sec. 601.307.  DELEGATION OF CERTAIN COMPLAINT
  DISPOSITIONS. (a)  The advisory board may delegate to a committee
  of medical board employees the authority to dismiss or enter into an
  agreed settlement of a complaint that does not relate directly to
  patient care or that involves only administrative violations.  The
  disposition determined by the committee must be approved by the
  advisory board at a public meeting.
         (b)  A complaint delegated under this section shall be
  referred for an informal proceeding under Section 601.311 if:
               (1)  the committee of employees determines that the
  complaint should not be dismissed or settled;
               (2)  the committee is unable to reach an agreed
  settlement; or
               (3)  the affected person requests that the complaint be
  referred for an informal proceeding.
         Sec. 601.308.  SUBPOENA. (a)  The executive director of the
  medical board, the director's designee, or the secretary-treasurer
  of the medical board may issue a subpoena or subpoena duces tecum
  for the advisory board:
               (1)  to conduct an investigation or a contested
  proceeding related to:
                     (A)  alleged misconduct by a certificate holder or
  a person approved under Section 601.054 or 601.055;
                     (B)  an alleged violation of this chapter or other
  law related to radiologic technology; or
                     (C)  the provision of health care under this
  chapter; or
               (2)  for purposes of determining whether to issue,
  suspend, restrict, or revoke a certificate or approval under this
  chapter.
         (b)  Failure to timely comply with a subpoena issued under
  this section is a ground for:
               (1)  disciplinary action by the advisory board or
  another licensing or regulatory agency with jurisdiction over the
  person subject to the subpoena; and
               (2)  denial of an application for certification or
  approval.
         Sec. 601.309.  PROTECTION OF PATIENT IDENTITY. In a
  disciplinary investigation or proceeding conducted under this
  chapter, the advisory board shall protect the identity of each
  patient whose medical records are examined and used in a public
  proceeding unless the patient:
               (1)  testifies in the public proceeding; or
               (2)  submits a written release in regard to the
  patient's records or identity.
         Sec. 601.310.  REQUIRED SUSPENSION OF LICENSE OF
  INCARCERATED CERTIFICATE HOLDER. Regardless of the offense, the
  advisory board shall suspend the certificate or approval of a
  person serving a prison term in a state or federal penitentiary
  during the term of the incarceration.
         Sec. 601.311.  INFORMAL PROCEEDINGS. (a)  The advisory
  board by rule shall adopt procedures governing:
               (1)  informal disposition of a contested case under
  Section 2001.056, Government Code; and
               (2)  informal proceedings held in compliance with
  Section 2001.054, Government Code.
         (b)  Rules adopted under this section must require that:
               (1)  an informal meeting in compliance with Section
  2001.054, Government Code, be scheduled and the advisory board give
  notice to the person who is the subject of a complaint of the time
  and place of the meeting not later than the 45th day before the date
  the meeting is held;
               (2)  the complainant and the person who is the subject
  of the complaint be provided an opportunity to be heard;
               (3)  at least one of the advisory board members
  participating in the informal meeting as a panelist be a member who
  represents the public;
               (4)  a member of the medical board's staff be at the
  meeting to present to the advisory board's representative the facts
  the staff reasonably believes it could prove by competent evidence
  or qualified witnesses at a hearing; and
               (5)  the advisory board's legal counsel or a
  representative of the attorney general be present to advise the
  advisory board or the medical board's staff.
         (c)  The person who is the subject of the complaint is
  entitled to:
               (1)  reply to the staff's presentation; and
               (2)  present the facts the person reasonably believes
  the person could prove by competent evidence or qualified witnesses
  at a hearing.
         (d)  After ample time is given for the presentations, the
  advisory board representative shall recommend that the
  investigation be closed or shall attempt to mediate the disputed
  matters and make a recommendation regarding the disposition of the
  case in the absence of a hearing under applicable law concerning
  contested cases.
         (e)  If the person who is the subject of the complaint has
  previously been the subject of disciplinary action by the advisory
  board, the advisory board shall schedule the informal meeting as
  soon as practicable.
         (f)  Section 601.275 applies to an investigation file and
  investigative information in the possession of or used by the
  advisory board in an informal proceeding under this section.
         Sec. 601.312.  ADVISORY BOARD REPRESENTATION IN INFORMAL
  PROCEEDINGS. (a)  In an informal meeting under Section 601.311, at
  least two panelists shall be appointed to determine whether an
  informal disposition is appropriate.
         (b)  Notwithstanding Subsection (a) and Section
  601.311(b)(3), an informal proceeding may be conducted by one
  panelist if the person who is the subject of the complaint waives
  the requirement that at least two panelists conduct the informal
  proceeding.  If the person waives that requirement, the panelist
  may be any member of the advisory board.
         (c)  Except as provided by Subsection (d), the panel
  requirements described by Subsections (a) and (b) apply to an
  informal proceeding conducted by the advisory board under Section
  601.311, including a proceeding to:
               (1)  consider a disciplinary case to determine if a
  violation has occurred; or
               (2)  request modification or termination of an order.
         (d)  The panel requirements described by Subsections (a) and
  (b) do not apply to an informal proceeding conducted by the advisory
  board under Section 601.311 to show compliance with an order of the
  advisory board.
         Sec. 601.313.  ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
  INFORMAL PROCEEDINGS. (a)  An advisory board member who serves as
  a panelist at an informal meeting under Section 601.311 shall make
  recommendations for the disposition of a complaint or allegation.  
  The member may request the assistance of a medical board employee at
  any time.
         (b)  Medical board employees shall present a summary of the
  allegations against the person who is the subject of the complaint
  and of the facts pertaining to the allegation that the employees
  reasonably believe may be proven by competent evidence at a formal
  hearing.
         (c)  An attorney for the advisory board or medical board
  shall act as counsel to the panel and, notwithstanding Subsection
  (e), shall be present during the informal meeting and the panel's
  deliberations to advise the panel on legal issues that arise during
  the proceeding.  The attorney may ask questions of a participant in
  the informal meeting to clarify any statement made by the
  participant.  The attorney shall provide to the panel a historical
  perspective on comparable cases that have appeared before the
  advisory board or medical board, keep the proceedings focused on
  the case being discussed, and ensure that the medical board's
  employees and the person who is the subject of the complaint have an
  opportunity to present information related to the case.  During the
  panel's deliberations, the attorney may be present only to advise
  the panel on legal issues and to provide information on comparable
  cases that have appeared before the advisory board or medical
  board.
         (d)  The panel and medical board employees shall provide an
  opportunity for the person who is the subject of the complaint and
  the person's authorized representative to reply to the medical
  board employees' presentation and to present oral and written
  statements and facts that the person and representative reasonably
  believe could be proven by competent evidence at a formal hearing.
         (e)  An employee of the medical board who participated in the
  presentation of the allegation or information gathered in the
  investigation of the complaint, the person who is the subject of the
  complaint, the person's authorized representative, the
  complainant, the witnesses, and members of the public may not be
  present during the deliberations of the panel.  Only the members of
  the panel and the attorney serving as counsel to the panel may be
  present during the deliberations.
         (f)  The panel shall recommend the dismissal of the complaint
  or allegations or, if the panel determines that the person has
  violated a statute or advisory board rule, the panel may recommend
  advisory board action and terms for an informal settlement of the
  case.
         (g)  The panel's recommendations under Subsection (f) must
  be made in a written order and presented to the affected person and
  the person's authorized representative.  The person may accept the
  proposed settlement within the time established by the panel at the
  informal meeting.  If the person rejects the proposed settlement or
  does not act within the required time, the advisory board may
  proceed with the filing of a formal complaint with the State Office
  of Administrative Hearings.
         Sec. 601.314.  LIMIT ON ACCESS TO INVESTIGATION FILES. The
  advisory board shall prohibit or limit access to an investigation
  file relating to a person subject to an informal proceeding in the
  manner provided by Sections 164.007(c) and 601.275.
         Sec. 601.315.  REFUND. (a)  Subject to Subsection (b), the
  advisory board may order a certificate holder to pay a refund to a
  consumer as provided in an agreement resulting from an informal
  settlement conference instead of or in addition to imposing an
  administrative penalty under Subchapter H.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the certificate holder for a
  service regulated by this chapter.  The advisory board may not
  require payment of other damages or estimate harm in a refund order.
         Sec. 601.316.  EXPERT IMMUNITY. An expert who assists the
  advisory board is immune from suit and judgment and may not be
  subjected to a suit for damages for any investigation, report,
  recommendation, statement, evaluation, finding, or other action
  taken in the course of assisting the advisory board in a
  disciplinary proceeding.  The attorney general shall represent the
  expert in any suit resulting from a service provided by the person
  in good faith to the advisory board.
         SECTION 2.037.  Section 601.351, Occupations Code, is
  amended to read as follows:
         Sec. 601.351.  IMPOSITION OF PENALTY. The advisory board
  [department] may impose an administrative penalty against a person
  who violates this chapter or a rule adopted under this chapter.
         SECTION 2.038.  Section 601.353(a), Occupations Code, is
  amended to read as follows:
         (a)  If, after investigating a possible violation and the
  facts surrounding that possible violation, the advisory board
  [department] determines that a violation occurred, the advisory
  board [department] shall give written notice of the violation to
  the person alleged to have committed the violation.
         SECTION 2.039.  Section 601.354, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.354.  PENALTY TO BE PAID OR HEARING REQUESTED.
  (a)  Not later than the 20th day after the date the person receives
  the notice, the person may:
               (1)  accept the [department's] determination,
  including the proposed administrative penalty; or
               (2)  make a written request for a hearing on that
  determination.
         (b)  If the person accepts the [department's] determination,
  the advisory board [department] by order shall approve the
  determination and impose the proposed penalty.
         SECTION 2.040.  Section 601.355, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.355.  HEARING. (a)  If the person timely requests
  a hearing, the advisory board [department] shall:
               (1)  set a hearing;
               (2)  give written notice of the hearing to the person;
  and
               (3)  designate a hearings examiner to conduct the
  hearing.
         (b)  The hearings examiner shall make findings of fact and
  conclusions of law and promptly issue to the advisory board
  [department] a proposal for decision as to the occurrence of the
  violation and the amount of any proposed administrative penalty.
         SECTION 2.041.  Section 601.356, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.356.  DECISION BY ADVISORY BOARD [DEPARTMENT].
  (a)  Based on the findings of fact and conclusions of law and the
  recommendations of the hearings examiner, the advisory board
  [department] by order may determine that:
               (1)  a violation has occurred and may impose an
  administrative penalty; or
               (2)  a violation did not occur.
         (b)  The advisory board [department] shall give notice of the
  order to the person. The notice must include:
               (1)  separate statements of the findings of fact and
  conclusions of law;
               (2)  the amount of any penalty imposed; and
               (3)  a statement of the right of the person to judicial
  review of the order.
         SECTION 2.042.  Sections 601.357(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  Within the 30-day period, a person who acts under
  Subsection (a)(3) may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving to the court a supersedeas bond that
  is approved by the court for the amount of the penalty and that is
  effective until all judicial review of the order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty and is financially unable to give the supersedeas bond; and
                     (B)  giving a copy of the affidavit to the
  advisory board [department] by certified mail.
         (c)  If the advisory board [department] receives a copy of an
  affidavit as provided by Subsection (b)(2), the advisory board
  [department] may file with the court a contest to the affidavit not
  later than the fifth day after the date the copy is received.
         SECTION 2.043.  Section 601.358, Occupations Code, is
  amended to read as follows:
         Sec. 601.358.  COLLECTION OF PENALTY. If the person does not
  pay the administrative penalty and the enforcement of the penalty
  is not stayed, the advisory board [department] may refer the matter
  to the attorney general for collection.
         SECTION 2.044.  Section 601.360(a), Occupations Code, is
  amended to read as follows:
         (a)  If, after judicial review, the administrative penalty
  is reduced or not imposed by the court, the court shall, after the
  judgment becomes final:
               (1)  order the appropriate amount, plus accrued
  interest, be remitted to the person by the advisory board
  [department] if the person paid the penalty under Section
  601.357(a)(2); or
               (2)  if the person paid the penalty under Section
  601.357(b)(1)(A) or posted a supersedeas bond, order the advisory
  board [department] to:
                     (A)  execute a complete release of the escrow
  account or bond, as appropriate, if the penalty is not imposed; or
                     (B)  release the escrow account or bond, as
  appropriate, after the reduced penalty has been paid from the
  account or by the person.
         SECTION 2.045.  Section 601.361, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 601.361.  EXPENSES AND COSTS. (a)  In this section,
  "reasonable expenses and costs" includes expenses incurred by the
  advisory board [department] and the attorney general in the
  investigation, initiation, or prosecution of an action, including
  reasonable investigative costs, court costs, attorney's fees,
  witness fees, and deposition expenses.
         (b)  The advisory board [department] may assess reasonable
  expenses and costs against a person in an administrative hearing
  if, as a result of the hearing, an administrative penalty is
  assessed against the person. The person shall pay expenses and
  costs assessed under this subsection not later than the 30th day
  after the date the order of the advisory board [department]
  requiring the payment of expenses and costs is final. The advisory
  board [department] may refer the matter to the attorney general for
  collection of the expenses and costs.
         (c)  If the attorney general brings an action against a
  person to enforce an administrative penalty assessed under this
  chapter and the person is found liable for an administrative
  penalty, the attorney general may recover, on behalf of the
  attorney general and the advisory board [department], reasonable
  expenses and costs.
         SECTION 2.046.  Sections 601.401(a) and (c), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
         (a)  If it appears that a person has violated, is violating,
  or is threatening to violate this chapter or a rule adopted under
  this chapter, the advisory board [department] may bring an action
  to enjoin the continued or threatened violation.
         (c)  At the request of the advisory board [department], the
  attorney general shall bring an action in the name of the state for
  the injunctive relief, to recover the civil penalty, or both.
         SECTION 2.047.  Section 601.402(a), Occupations Code, is
  amended to read as follows:
         (a)  A person who is required to be certified under this
  chapter commits an offense if the person:
               (1)  knowingly administers a radiologic procedure to
  another person without holding a valid certificate issued by the
  advisory board [department];
               (2)  practices radiologic technology without holding a
  certificate under this chapter;
               (3)  uses or attempts to use a suspended or revoked
  certificate;
               (4)  knowingly allows a student enrolled in an
  education program to perform a radiologic procedure without direct
  supervision;
               (5)  obtains or attempts to obtain a certificate
  through bribery or fraudulent misrepresentation;
               (6)  uses the title or name "certified medical
  radiologic technologist" or any other name or title that implies
  the person is certified to practice radiologic technology, unless
  the person is certified under this chapter;
               (7)  knowingly conceals information relating to
  enforcement of this chapter or a rule adopted under this chapter; or
               (8)  employs a person not certified by or in compliance
  with this chapter for the purpose of applying ionizing radiation to
  a person.
         SECTION 2.048.  Section 602.002, Occupations Code, is
  amended by amending Subdivision (1), as amended by S.B. 219, Acts of
  the 84th Legislature, Regular Session, 2015, amending Subdivision
  (4), and adding Subdivision (5-a) to read as follows:
               (1)  "Advisory committee" ["Board"] means the Medical
  Physicist [Texas Board of] Licensure Advisory Committee [for
  Professional Medical Physicists].
               (4)  "License" means a certificate issued by the
  medical board that authorizes the holder to engage in the practice
  of medical physics.
               (5-a)  "Medical board" means the Texas Medical Board.
         SECTION 2.049.  The heading to Subchapter B, Chapter 602,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  MEDICAL PHYSICIST [TEXAS BOARD OF] LICENSURE
  ADVISORY COMMITTEE [FOR PROFESSIONAL MEDICAL PHYSICISTS]
         SECTION 2.050.  Section 602.051, Occupations Code, is
  amended to read as follows:
         Sec. 602.051.  ADVISORY COMMITTEE [BOARD]. (a)  The
  advisory committee [Texas Board of Licensure for Professional
  Medical Physicists] is an informal advisory committee to the
  medical board and is not subject to Chapter 2110, Government Code
  [the division of the department responsible for regulating the
  practice of medical physics].
         (b)  The advisory committee has no independent rulemaking
  authority.
         SECTION 2.051.  The heading to Section 602.052, Occupations
  Code, is amended to read as follows:
         Sec. 602.052.  APPOINTMENT OF ADVISORY COMMITTEE [BOARD
  MEMBERS].
         SECTION 2.052.  Sections 602.052(a) and (d), Occupations
  Code, are amended to read as follows:
         (a)  The advisory committee [board] consists of seven [nine]
  members appointed by the president of the medical board [governor
  with the advice and consent of the senate] as follows:
               (1)  four [five licensed] medical physicists licensed
  in this state who each have at least five years of experience as a
  medical physicist[, with at least one board certified
  representative of each of the following specialties:
                     [(A)  diagnostic radiological physics;
                     [(B)  medical health physics;
                     [(C)  medical nuclear physics; and
                     [(D)  therapeutic radiological physics];
               (2)  two [three] physicians licensed in this state who
  each have at least five years of clinical experience related to
  medical physics[, with a board certified representative of each of
  the following specialties:
                     [(A)  diagnostic radiology;
                     [(B)  nuclear medicine; and
                     [(C)  radiation therapy]; and
               (3)  one member who represents the public.
         (d)  Appointments to the advisory committee [board] shall be
  made without regard to the race, color, disability, creed, sex,
  religion, age, or national origin of the appointee.
         SECTION 2.053.  The heading to Section 602.053, Occupations
  Code, is amended to read as follows:
         Sec. 602.053.  PUBLIC MEMBER [BOARD MEMBERSHIP;]
  ELIGIBILITY.
         SECTION 2.054.  Section 602.053(d), Occupations Code, is
  amended to read as follows:
         (d)  An advisory committee [A public board] member
  representing the public must be a resident of this [the] state for a
  period of not less than four years preceding appointment.  A person
  may not be a [public] member of the advisory committee representing
  the public [board] if the person or the person's spouse:
               (1)  is registered, certified, or licensed by a
  regulatory agency in a health care profession [the field of medical
  physics];
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the medical board;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the medical
  board; or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the medical board other than
  compensation or reimbursement authorized by law for medical board
  membership, attendance, or expenses.
         SECTION 2.055.  Sections 602.054(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be a member of the advisory committee
  [board] if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of medicine; or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of medicine.
         (c)  A person may not serve as a member of the advisory
  committee [board] if the person is required to register as a
  lobbyist under Chapter 305, Government Code, because of the
  person's activities for compensation on behalf of a profession
  related to the operation of the advisory committee or medical
  board.
         SECTION 2.056.  Section 602.055, Occupations Code, is
  amended to read as follows:
         Sec. 602.055.  TERMS; VACANCY. (a)  Members of the advisory
  committee [board] serve two-year [staggered six-year] terms. The
  terms of the [three] members expire on February 1 of each
  odd-numbered year.
         (b)  A person is not eligible to serve more than two [one]
  consecutive full terms [six-year term]. [A person may serve
  consecutively one six-year term and a shorter term that arises
  because of filling an unexpired vacancy.]
         (c)  If a vacancy occurs during a member's term [on the
  board], the president of the medical board [governor] shall appoint
  a person to serve for the unexpired term.
         SECTION 2.057.  Sections 602.056(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  It is a ground for removal from the advisory committee
  [board] that a member:
               (1)  does not have at the time of appointment the
  qualifications required by Section 602.052 [602.053] for
  appointment to the advisory committee [board];
               (2)  does not maintain during service on the advisory
  committee [board] the qualifications required by Section 602.052
  [602.053] for appointment to the advisory committee [board];
               (3)  is ineligible for membership under Section
  602.053(d) or Section 602.054; or
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term[; or
               [(5)     does not attend at least half of the regularly
  scheduled board meetings held in a calendar year, excluding
  meetings held while the person was not a board member, without an
  excuse approved by the board].
         (b)  The validity of an [A board] action of the advisory
  committee is not affected by the fact that it is taken while a
  ground for removal of a member of the advisory committee [board]
  exists [is not invalid for that reason].
         SECTION 2.058.  Section 602.057, Occupations Code, is
  amended to read as follows:
         Sec. 602.057.  COMPENSATION. A member of the advisory
  committee [board] is entitled to a per diem in an amount set by the
  legislature for each day that the member engages in the business of
  the advisory committee [board].
         SECTION 2.059.  Section 602.058, Occupations Code, is
  amended to read as follows:
         Sec. 602.058.  ADVISORY COMMITTEE [BOARD] OFFICERS;
  MEETINGS. (a)  The president of the medical board [governor] shall
  biennially designate a member of the advisory committee [board] as
  the presiding officer of the advisory committee [board] to serve in
  that capacity at the will of the president [governor]. The advisory
  committee may [At the first regularly scheduled meeting of each
  calendar year, the board shall] elect from its members additional
  officers as necessary [an assistant presiding officer].
         (b)  The advisory committee [board] shall meet as requested
  by the medical board. A meeting may be held by telephone conference
  call [hold a meeting at least once a year and at other times in
  accordance with board rule].
         (c)  Except as otherwise provided by this chapter, the
  advisory committee is subject to Chapters 551, 552, and 2001,
  Government Code.
         (d)  A majority of the advisory committee members
  constitutes a quorum for all purposes except when advisory
  committee members are participating in a proceeding of the medical
  board as described by Section 602.151(b).
         SECTION 2.060.  The heading to Subchapter D, Chapter 602,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  MEDICAL BOARD POWERS AND DUTIES
         SECTION 2.061.  Section 602.151, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 602.151.  GENERAL POWERS AND DUTIES. (a)  The medical
  board shall:
               (1)  adopt [and revise, with the approval of the
  executive commissioner of the Health and Human Services
  Commission,] rules reasonably necessary to properly perform its
  duties under this chapter, including:
                     (A)  procedural rules governing investigations,
  informal hearings, the issuance of cease and desist orders, and
  disciplinary sanctions; and
                     (B)  rules governing character and conduct for
  applicants or license holders and fitness to practice medical
  physics in this state;
               (2)  establish [adopt an official seal;
               [(3) determine the] qualifications for a medical
  physicist to practice in this state and the fitness of each
  applicant for a license or license renewal;
               (3)  establish minimum education and training
  requirements necessary for a license under this chapter;
               (4)  establish requirements for [charge a fee for
  processing and issuing or renewing a license;
               [(5)  conduct] examinations for licensure;
               (5)  prescribe the application form for a license under
  this chapter;
               (6)  issue, deny, renew, revoke, cancel, restrict,
  [and] suspend, or accept the surrender of a license [licenses];
               (7)  charge fees that are reasonable and necessary to
  cover the costs of administering this chapter [adopt and publish a
  code of ethics]; [and]
               (8)  conduct informal hearings [on complaints]
  concerning violations of this chapter or rules adopted under this
  chapter;
               (9)  issue disciplinary sanctions, including agreed
  orders and non-disciplinary remedial plans; and
               (10)  establish procedures for making a confidential
  referral to the Texas Physician Health Program established under
  Chapter 167, and for requiring participation in the program as a
  prerequisite for issuing or maintaining a license under this
  chapter.
         (b)  The medical board may include any member of the advisory
  committee in a proceeding of the medical board related to a power or
  duty described by Subsection (a) if the medical board considers the
  expertise of the advisory committee member to be beneficial in the
  proceeding.
         SECTION 2.062.  Section 602.152, Occupations Code, is
  amended to read as follows:
         Sec. 602.152.  CONSUMER INTEREST INFORMATION; COMPLAINTS.
  (a)  The medical board shall prepare information of consumer
  interest describing the regulatory functions of the medical board
  and the procedures by which complaints are filed with and resolved
  by the medical board.
         (b)  The medical board shall maintain a file on each written
  complaint filed with the medical board.  The file must include:
               (1)  the name of the person who filed the complaint;
               (2)  the date the complaint is received by the medical 
  board;
               (3)  the subject matter of the complaint;
               (4)  the name of each person contacted in relation to
  the complaint;
               (5)  a summary of the results of the review or
  investigation of the complaint; and
               (6)  an explanation of the reason the file was closed,
  if the medical board closed the file without taking action other
  than to investigate the complaint.
         (c)  The medical board shall provide to the person filing the
  complaint and to each person who is a subject of the complaint a
  copy of the medical board's policies and procedures relating to
  complaint investigation and resolution.
         (d)  The medical board, at least quarterly until final
  disposition of the complaint, shall notify the person filing the
  complaint and each person who is a subject of the complaint of the
  status of the complaint unless the notice would jeopardize an
  undercover investigation.
         SECTION 2.063.  Section 602.1521, Occupations Code, is
  amended to read as follows:
         Sec. 602.1521.  PUBLIC PARTICIPATION. The medical board
  shall develop and implement policies that provide the public with a
  reasonable opportunity to appear before the medical board and to
  speak on any issue relating to medical physicists [under the
  jurisdiction of the board].
         SECTION 2.064.  The heading to Section 602.1525, Occupations
  Code, is amended to read as follows:
         Sec. 602.1525.  SUBPOENAS; CONFIDENTIALITY OF INFORMATION.
         SECTION 2.065.  Section 602.1525, Occupations Code, is
  amended by amending Subsection (a), as amended by S.B. 219, Acts of
  the 84th Legislature, Regular Session, 2015, amending Subsections
  (h) and (i), and adding Subsection (a-1) to read as follows:
         (a)  The executive director of the medical board, the
  director's designee, or the secretary-treasurer of the medical
  board may issue [In an investigation of a complaint filed with the
  board, the board may request that the commissioner or the
  commissioner's designee approve the issuance of] a subpoena or
  subpoena duces tecum:
               (1)  to conduct an investigation or a contested case
  proceeding related to:
                     (A)  alleged misconduct by a medical physicist;
                     (B)  an alleged violation of this chapter or
  another law related to the practice of medical physics; or
                     (C)  the provision of health care under this
  chapter; or
               (2)  for purposes of determining whether to issue,
  suspend, restrict, or revoke a license under this chapter[.   If the
  request is approved, the board may issue a subpoena to compel the
  attendance of a relevant witness or the production, for inspection
  or copying, of relevant evidence that is in this state].
         (a-1)  Failure to timely comply with a subpoena issued under
  this section is a ground for:
               (1)  disciplinary action by the medical board or
  another licensing or regulatory agency with jurisdiction over the
  person subject to the subpoena; and
               (2)  denial of a license application.
         (h)  All information and materials subpoenaed or compiled by
  the medical board in connection with a complaint and investigation
  are confidential and not subject to disclosure under Chapter 552,
  Government Code, and not subject to disclosure, discovery,
  subpoena, or other means of legal compulsion for their release to
  anyone other than the medical board or its agents or employees who
  are involved in discipline of the holder of a license, except that
  this information may be disclosed to:
               (1)  persons involved with the medical board in a
  disciplinary action against the holder of a license;
               (2)  professional medical physics licensing or
  disciplinary boards in other jurisdictions;
               (3)  peer assistance programs approved by the medical
  board under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the medical board
  against a holder of a license, the nature of those charges,
  disciplinary proceedings of the medical board, and final
  disciplinary actions, including warnings and reprimands, by the
  medical board are not confidential and are subject to disclosure in
  accordance with Chapter 552, Government Code.
         SECTION 2.066.  Section 602.153, Occupations Code, is
  amended to read as follows:
         Sec. 602.153.  CONTINUING EDUCATION. The medical board
  shall recognize, prepare, or administer continuing education
  programs for persons licensed under this chapter [by the board]. A
  license holder must participate in the programs to the extent
  required by the medical board to keep the person's license.
         SECTION 2.067.  Section 602.154, Occupations Code, is
  amended to read as follows:
         Sec. 602.154.  RULES RELATING TO ADVERTISING OR COMPETITIVE
  BIDDING. (a)  The medical board may not adopt rules restricting
  advertising or competitive bidding by a license holder except to
  prohibit false, misleading, or deceptive practices.
         (b)  In its rules to prohibit false, misleading, or deceptive
  practices, the medical board may not include a rule that:
               (1)  restricts the use of any medium for advertising;
               (2)  restricts the use of a license holder's personal
  appearance or voice in an advertisement;
               (3)  relates to the size or duration of an
  advertisement by the license holder; or
               (4)  restricts the license holder's advertisement under
  a trade name.
         SECTION 2.068.  Subchapter D, Chapter 602, Occupations Code,
  is amended by adding Section 602.156 to read as follows:
         Sec. 602.156.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
  The medical board shall adopt rules and guidelines as necessary to
  comply with Chapter 53, except to the extent the requirements of
  this chapter are stricter than the requirements of Chapter 53.
         SECTION 2.069.  Section 602.203, Occupations Code, is
  amended to read as follows:
         Sec. 602.203.  LICENSE APPLICATION. (a)  A person may apply
  for a license by filing an application with the medical board.
         (b)  An application must be on a form prescribed by the
  medical board and must include:
               (1)  evidence of relevant work experience, including a
  description of the duties performed;
               (2)  an official transcript from the college or
  university granting the applicant's degree;
               (3)  a statement of the medical physics specialty for
  which the application is submitted;
               (4)  three professional references; and
               (5)  any additional information required by medical
  board rule.
         (c)  The applicant must submit with the application the fee
  prescribed by the medical board.
         (d)  The medical board [or the executive secretary] may
  require an applicant to appear before the medical board [or
  secretary] to present additional information in support of the
  application.
         SECTION 2.070.  Section 602.205, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 602.205.  TEMPORARY LICENSE. The medical board may
  issue a temporary license to an applicant who has satisfied the
  educational requirements for a license but who has not yet
  completed the experience and examination requirements of Section
  602.207.  A temporary license is valid for one year from the date of
  issuance.
         SECTION 2.071.  Section 602.206(a), Occupations Code, is
  amended to read as follows:
         (a)  The medical board shall administer a written
  examination for a license to qualified applicants at least two
  times each year.
         SECTION 2.072.  Section 602.207(a), Occupations Code, is
  amended to read as follows:
         (a)  To be eligible to take an examination for a license, an
  applicant must:
               (1)  have a master's or doctoral degree from an
  accredited college or university that signifies the completion of
  courses approved by the medical board in physics, medical physics,
  biophysics, radiological physics, medical health physics, or
  equivalent courses;
               (2)  have demonstrated, to the medical board's
  satisfaction, completion of at least two years of full-time work
  experience in the five years preceding the date of application in
  the medical physics specialty for which application is made; and
               (3)  submit a completed application as required by
  Section 602.203.
         SECTION 2.073.  Section 602.208, Occupations Code, is
  amended to read as follows:
         Sec. 602.208.  EXAMINATION RESULTS; REEXAMINATION.
  (a)  The medical board shall notify each examinee of the results of
  the examination not later than the 30th day after the date the
  examination is administered. If an examination is graded or
  reviewed by a national or state testing service, the medical board
  shall notify each examinee of the results of the examination not
  later than the 14th day after the date the medical board receives
  the results from the testing service.
         (b)  If the medical board learns that the notice of the
  examination results will be delayed for more than 90 days after the
  examination date, the medical board shall notify each examinee of
  the reason for the delay not later than the 90th day.
         (c)  If requested by a person who fails the examination, the
  medical board shall provide to the person an analysis of the
  person's performance on the examination.
         (d)  The medical board by rule shall establish procedures and
  requirements for reexamination of an applicant who fails the
  examination.
         SECTION 2.074.  Subchapter E, Chapter 602, Occupations Code,
  is amended by adding Section 602.2081 to read as follows:
         Sec. 602.2081.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE. (a)  The medical board shall require that
  an applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the medical board, to the
  medical 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 medical board may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The medical board shall conduct a criminal history check
  of each applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the medical 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 medical board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history 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 check.
         SECTION 2.075.  Sections 602.209(a), (b), (c), and (e),
  Occupations Code, are amended to read as follows:
         (a)  The medical board may issue a license to an eligible
  applicant who:
               (1)  passes the examination under Section 602.206; and
               (2)  meets all other license requirements.
         (b)  Not later than the 30th day after the date the medical
  board makes a decision on an application submitted under Section
  602.203, the medical board shall notify the applicant of the
  decision.
         (c)  If the medical board approves the application, the
  medical board shall issue a license to the applicant. If the
  medical board denies the application, the medical board shall
  include in the notice of decision a description of the areas of
  deficiency.
         (e)  A license certificate is the medical board's property
  and must be surrendered on demand.
         SECTION 2.076.  Section 602.210, Occupations Code, is
  amended by amending Subsections (b), (c), (d), (e), and (f) and
  adding Subsection (g) to read as follows:
         (b)  The medical board by rule may adopt a system under which
  licenses expire on various dates during the year.
         (c)  A person may renew an unexpired license by paying the
  required renewal fee to the medical board before the expiration
  date of the license.
         (d)  If a person's license has been expired for 90 days or
  less, the person may renew the license by paying to the medical
  board the required renewal fee and a penalty fee in an amount equal
  to one-half of the amount of the renewal fee.
         (e)  If a person's license has been expired for longer than
  90 days but less than one year [two years], the person may renew the
  license by paying to the medical board the renewal fee that was due
  at expiration and a penalty fee in an amount equal to the amount of
  the renewal fee.
         (f)  If a person's license has been expired for one year [two
  years] or longer, the person may not renew the license. To obtain a
  new license, a person must comply with the requirements and
  procedures for obtaining an original license, including the
  examination requirement [application requirements of this chapter
  and must submit to the board:
               [(1)     a supplemental experience record as required by
  the board;
               [(2)     a description of professional activities
  undertaken during the expiration period;
               [(3)  a list of current professional references; and
               [(4)     a transcript for any degree or college credit
  earned since the person's previous license application].
         (g)  Not later than the 30th day before the date a person's
  license expires, the medical board shall send written notice of the
  impending license expiration to the person at the license holder's
  last known address according to the records of the medical board.
         SECTION 2.077.  Subchapter E, Chapter 602, Occupations Code,
  is amended by adding Section 602.2101 to read as follows:
         Sec. 602.2101.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR RENEWAL. (a)  An applicant renewing a license
  shall submit a complete and legible set of fingerprints for
  purposes of performing a criminal history check of the applicant as
  provided by Section 602.2081.
         (b)  The medical board may not 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 602.2081 for the initial issuance of the
  license; or
               (2)  this section as part of a prior renewal of the
  license.
         SECTION 2.078.  Section 602.211, Occupations Code, is
  amended to read as follows:
         Sec. 602.211.  LICENSE BY ENDORSEMENT OR RECIPROCITY.
  (a)  On receipt of an application and fee under Section 602.203,
  the medical board may waive any prerequisite for obtaining a
  license to a person who holds a license to practice medical or
  radiological physics in another state, territory, or jurisdiction
  acceptable to the medical board that has requirements for the
  licensing of medical or radiological physicists that are
  substantially the same as the requirements of this chapter.
         (b)  The medical board may waive any prerequisite for
  obtaining a license to practice medical physics in this state for an
  applicant who holds a license issued by another jurisdiction with
  which this state has a reciprocity agreement. The medical board may
  make an agreement, subject to the approval of the governor, with
  another state to allow for licensing by reciprocity.
         SECTION 2.079.  Section 602.212, Occupations Code, is
  amended to read as follows:
         Sec. 602.212.  LICENSE HOLDER DUTIES. A license holder
  shall:
               (1)  publicly display the license holder's license in
  an appropriate manner; and
               (2)  report immediately to the medical board any change
  in the license holder's address.
         SECTION 2.080.  Section 602.213, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 602.213.  PROVISIONAL LICENSE. (a)  The medical board
  may issue a provisional license to an applicant currently licensed
  or certified in another jurisdiction who seeks a license in this
  state and who:
               (1)  has been licensed or certified in good standing as
  a practitioner of medical or radiologic physics for at least two
  years in another jurisdiction, including a foreign country, that
  has licensing or certification requirements substantially
  equivalent to the requirements of this chapter;
               (2)  has passed a national or other examination
  recognized by the medical board relating to the practice of medical
  or radiologic physics; and
               (3)  is sponsored by a person licensed by the medical
  board under this chapter with whom the provisional license holder
  will practice during the time the person holds a provisional
  license.
         (b)  The medical board may waive the requirement of
  Subsection (a)(3) for an applicant if the medical board determines
  that compliance with that subsection would be a hardship to the
  applicant.
         (c)  A provisional license is valid until the date the
  medical board approves or denies the provisional license holder's
  application for a license. The medical board shall issue a license
  under this chapter to the provisional license holder if:
               (1)  the provisional license holder is eligible to be
  certified under Section 602.211; or
               (2)  the provisional license holder passes the part of
  the examination under Section 602.206 that relates to the
  applicant's knowledge and understanding of the laws and rules
  relating to the practice of medical physics in this state and:
                     (A)  the medical board verifies that the
  provisional license holder meets the academic and experience
  requirements for a license under this chapter; and
                     (B)  the provisional license holder satisfies any
  other licensing requirements under this chapter.
         (d)  The medical board must approve or deny a provisional
  license holder's application for a license not later than the 180th
  day after the date the provisional license is issued. The medical
  board may extend the 180-day period if the results of an examination
  have not been received by the medical board before the end of that
  period.
         (e)  The medical board may establish a fee for provisional
  licenses.
         SECTION 2.081.  Section 602.251, Occupations Code, is
  amended to read as follows:
         Sec. 602.251.  GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
  ACTION. The medical board may [shall] refuse to issue or renew a
  license, suspend, restrict, or revoke a license, or reprimand a
  license holder for:
               (1)  obtaining or renewing a license by means of fraud,
  misrepresentation, or concealment of a material fact;
               (2)  having previously applied for or held a license
  issued by the licensing authority of another state, territory, or
  jurisdiction that was denied, suspended, or revoked by that
  licensing authority;
               (3)  engaging in unprofessional conduct that
  endangered or is likely to endanger the health, safety, or welfare
  of the public as defined by medical board rule;
               (4)  violating this chapter, a lawful order or rule of
  the medical board, or the medical board's code of ethics; or
               (5)  being convicted of:
                     (A)  a felony; or
                     (B)  a misdemeanor involving moral turpitude or
  that directly relates to the person's duties as a licensed medical
  physicist.
         SECTION 2.082.  Section 602.252, Occupations Code, is
  amended to read as follows:
         Sec. 602.252.  ADMINISTRATIVE PROCEDURE FOR CONTESTED CASE
  HEARING.  Chapter [Chapters] 2001 [and 2002], Government Code, and
  medical board rules for a contested case hearing apply to a
  proceeding by the medical board under this chapter in which a formal
  complaint has been filed [subchapter].
         SECTION 2.083.  Subchapter F, Chapter 602, Occupations Code,
  is amended by adding Section 602.2521 to read as follows:
         Sec. 602.2521.  INFORMAL PROCEDURES. (a)  The medical board
  by rule shall adopt procedures governing:
               (1)  informal disposition of a contested case under
  Section 2001.056, Government Code; and
               (2)  informal proceedings held in compliance with
  Section 2001.054, Government Code.
         (b)  Rules adopted under Subsection (a) must:
               (1)  provide the complainant, if applicable and
  permitted by law, an opportunity to be heard;
               (2)  provide the license holder an opportunity to be
  heard; and
               (3)  require the medical board's legal counsel or a
  representative of the attorney general to be present to advise the
  medical board or the medical board's employees.
         (c)  Chapters 551 and 552, Government Code, do not apply to
  an investigation file and investigative information in the
  possession of or used by the medical board in an informal proceeding
  under this section.
         SECTION 2.084.  Section 602.253, Occupations Code, is
  amended to read as follows:
         Sec. 602.253.  PROBATION. The medical board may place on
  probation a person whose license is suspended. If a license
  suspension is probated, the medical board may require the person
  to:
               (1)  report regularly to the medical board [department]
  on matters that are the basis of the probation;
               (2)  limit practice to the areas prescribed by the
  medical board; or
               (3)  continue or review professional education until
  the person attains a degree of skill satisfactory to the medical
  board in those areas that are the basis of the probation.
         SECTION 2.085.  Section 602.254(a), Occupations Code, is
  amended to read as follows:
         (a)  The medical board or a three-member panel [committee] of
  medical board members designated by the president of the medical
  board shall temporarily suspend the license of a license holder if
  the medical board or panel [committee] determines from the evidence
  or information presented to it that continued practice by the
  license holder would constitute a continuing and imminent threat to
  the public welfare.
         SECTION 2.086.  Section 602.301, Occupations Code, is
  amended to read as follows:
         Sec. 602.301.  INJUNCTION. The medical board shall
  prosecute or file suit to enjoin a violation of this chapter or a
  rule adopted under this chapter.
         SECTION 2.087.  Section 602.3015, Occupations Code, is
  amended to read as follows:
         Sec. 602.3015.  CIVIL PENALTY. (a)  A person who violates
  this chapter or a rule adopted or order issued [adopted by the
  board] under this chapter is liable for a civil penalty not to
  exceed $5,000 a day.
         (b)  At the request of the medical board, the attorney
  general shall bring an action to recover a civil penalty authorized
  under this section.
         SECTION 2.088.  Sections 602.351(a), (e), (g), (h), (i),
  (j), (k), and (l), Occupations Code, are amended to read as follows:
         (a)  The medical board may impose an administrative penalty
  on a person licensed under this chapter who violates this chapter or
  a rule adopted or order issued [adopted] under this chapter. A
  penalty collected under this subchapter shall be deposited in the
  state treasury in the general revenue fund.
         (e)  If the medical board [executive secretary] determines
  that a violation occurred, the medical board [executive secretary]
  shall give written notice [of the report] by certified mail to the
  person.
         (g)  Within 20 days after the date the person receives the
  notice under Subsection (e), the person in writing may:
               (1)  accept the determination and recommended penalty
  [of the executive secretary]; or
               (2)  make a request for a hearing on the occurrence of
  the violation, the amount of the penalty, or both.
         (h)  If the person accepts the determination and recommended
  penalty or if the person fails to respond to the notice, the medical
  board by order shall approve the determination and impose the
  recommended penalty.
         (i)  If the person requests a hearing, the medical board
  shall refer the matter to the State Office of Administrative
  Hearings, which shall promptly set a hearing date and give written
  notice of the time and place of the hearing to the person. An
  administrative law judge of the State Office of Administrative
  Hearings shall conduct the hearing.
         (j)  The administrative law judge shall make findings of fact
  and conclusions of law and promptly issue to the medical board a
  proposal for a decision about the occurrence of the violation and
  the amount of a proposed penalty.
         (k)  Based on the findings of fact, conclusions of law, and
  proposal for a decision, the medical board by order may determine
  that:
               (1)  a violation occurred and impose a penalty; or
               (2)  a violation did not occur.
         (l)  The notice of the medical board's order under Subsection
  (k) that is sent to the person in accordance with Chapter 2001,
  Government Code, must include a statement of the right of the person
  to judicial review of the order.
         SECTION 2.089.  Sections 602.352(a), (b), and (c),
  Occupations Code, are amended to read as follows:
         (a)  Within 30 days after the date an order of the medical
  board under Section 602.351(k) that imposes an administrative
  penalty becomes final, the person shall:
               (1)  pay the penalty; or
               (2)  file a petition for judicial review of the medical
  board's order contesting the occurrence of the violation, the
  amount of the penalty, or both.
         (b)  Within the 30-day period prescribed by Subsection (a), a
  person who files a petition for judicial review may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving the court a supersedeas bond approved
  by the court that is:
                           (i)  for the amount of the penalty; and
                           (ii)  effective until all judicial review of
  the medical board's order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty and is financially unable to give the supersedeas bond; and
                     (B)  sending a copy of the affidavit to the
  medical board by certified mail.
         (c)  If the medical board receives a copy of an affidavit
  under Subsection (b)(2), the medical board may file with the court,
  within five days after the date the copy is received, a contest to
  the affidavit. The court shall hold a hearing on the facts alleged
  in the affidavit as soon as practicable and shall stay the
  enforcement of the penalty on finding that the alleged facts are
  true. The person who files an affidavit has the burden of proving
  that the person is financially unable to pay the penalty or to give
  a supersedeas bond.
         SECTION 2.090.  Sections 603.002(2) and (3), Occupations
  Code, are amended to read as follows:
               (2)  "Advisory committee" ["Committee"] means the
  [Texas State] Perfusionist Licensure Advisory Committee.
               (3)  "Medical board" ["Department"] means the Texas
  Medical Board [Department of State Health Services].
         SECTION 2.091.  Section 603.006, Occupations Code, is
  amended to read as follows:
         Sec. 603.006.  APPLICABILITY OF OTHER LAW. Chapter 2110,
  Government Code, does not apply to the advisory committee.
         SECTION 2.092.  The heading to Subchapter B, Chapter 603,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B.  [TEXAS STATE] PERFUSIONIST LICENSURE ADVISORY
  COMMITTEE
         SECTION 2.093.  Section 603.051, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.051.  ADVISORY COMMITTEE MEMBERSHIP. (a)  The
  advisory committee is an informal advisory committee to the medical
  board. The advisory committee has no independent rulemaking
  authority.
         (a-1)  The advisory committee [Texas State Perfusionist
  Advisory Committee] consists of seven [five] members appointed by
  the president of the medical board [commissioner] as follows:
               (1)  four perfusionists licensed in this state [two
  licensed perfusionist members] who each have [been licensed under
  this chapter for] at least five [three] years of experience as a
  perfusionist [before the date of appointment];
               (2)  two physicians [one physician member] licensed in
  this state [by the Texas Medical Board] who supervise perfusionists
  [is certified by that board in cardiovascular surgery]; and
               (3)  one member [two members] who represents
  [represent] the public.
         (b)  Appointments to the advisory committee shall reflect
  the historical and cultural diversity of the inhabitants of this
  state.
         (c)  Appointments to the advisory committee shall be made
  without regard to the race, color, disability, sex, religion, age,
  or national origin of the appointee.
         SECTION 2.094.  Section 603.0511, Occupations Code, is
  amended to read as follows:
         Sec. 603.0511.  PUBLIC MEMBER ELIGIBILITY [OF PUBLIC
  MEMBERS]. A person may not be a public member of the advisory
  committee if the person or the person's spouse:
               (1)  is registered, certified, or licensed by a
  regulatory agency in a [the field of] health care profession;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the medical board [department];
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the medical board
  [department]; or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the medical board [department] other
  than compensation or reimbursement authorized by law for advisory
  committee membership, attendance, or expenses.
         SECTION 2.095.  Sections 603.052(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  A person may not be an advisory [a] committee member
  [and may not be a department employee employed in a "bona fide
  executive, administrative, or professional capacity," as that
  phrase is used for purposes of establishing an exemption to the
  overtime provisions of the federal Fair Labor Standards Act of 1938
  (29 U.S.C. Section 201 et seq.)] if:
               (1)  the person is an officer, employee, or paid
  consultant of a Texas trade association in the field of health care;
  or
               (2)  the person's spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of health care.
         (c)  A person may not be a member of the advisory committee or
  act as the general counsel to the advisory committee [or the
  department] if the person is required to register as a lobbyist
  under Chapter 305, Government Code, because of the person's
  activities for compensation on behalf of a profession related to
  the operation of the advisory committee or medical board
  [department].
         SECTION 2.096.  Section 603.053, Occupations Code, is
  amended to read as follows:
         Sec. 603.053.  TERMS; VACANCY. (a)  Members of the advisory
  committee serve two-year [staggered six-year] terms.  The terms of
  the [one or two] members[, as appropriate,] expire on February 1 of
  each odd-numbered year.
         (b)  If a vacancy occurs during a member's term, the
  president of the medical board shall appoint a person to serve for
  the unexpired term.
         SECTION 2.097.  Sections 603.054(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  It is a ground for removal from the advisory committee
  that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Section 603.051;
               (2)  does not maintain during service on the advisory
  committee the qualifications required by Section 603.051;
               (3)  is ineligible for membership under Section
  603.0511 or 603.052; or
               (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 committee meetings that the member is eligible to attend
  during a calendar year without an excuse approved by a majority vote
  of the committee].
         (b)  The validity of an action of the advisory committee is
  not affected by the fact that it is taken when a ground for removal
  of a member of the advisory committee exists.
         SECTION 2.098.  Section 603.056, Occupations Code, is
  amended to read as follows:
         Sec. 603.056.  OFFICERS. (a)  The president of the medical
  board [Not later than the 30th day after the date the commissioner
  appoints new committee members, the commissioner] shall designate
  biennially an advisory committee member as the [a] presiding
  officer of the advisory committee to serve in that capacity at the
  will of the president.  [The presiding officer serves at the
  pleasure of the commissioner.]
         (b)  The advisory committee may appoint additional officers
  as necessary.
         SECTION 2.099.  Section 603.057, Occupations Code, is
  amended to read as follows:
         Sec. 603.057.  MEETINGS. The advisory committee shall meet
  as requested by the medical board [subject to the call of the
  commissioner]. A meeting may be held by telephone conference call.
         SECTION 2.100.  The heading to Subchapter D, Chapter 603,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER D.  MEDICAL BOARD POWERS AND DUTIES
         SECTION 2.101.  Section 603.151, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.151.  GENERAL POWERS AND DUTIES [OF DEPARTMENT].
  The medical board [department] shall:
               (1)  establish the qualifications for a perfusionist to
  practice in this state, including rules governing character and
  conduct for applicants or license holders and fitness of applicants
  or license holders to practice [for licenses, including renewed and
  reciprocal licenses];
               (2)  issue, revoke, restrict, suspend, [or] deny,
  cancel, or accept the surrender of a license[, probate a license
  suspension, or reprimand a license holder for a violation of this
  chapter, a rule adopted by the executive commissioner under this
  chapter, or the code of ethics adopted by the executive
  commissioner];
               (3)  charge fees that are reasonable and necessary to
  cover the costs of administering this chapter [spend money
  necessary to administer the department's duties];
               (4)  establish requirements for an examination for a
  license under this chapter [request and receive necessary
  assistance from another state agency, including a state educational
  institution];
               (5)  establish minimum education and training
  requirements necessary for a license under this chapter [adopt an
  official seal]; [and]
               (6)  prescribe the application form for a license under
  this chapter;
               (7)  adopt and publish a [the] code of ethics;
               (8)  establish procedural rules governing
  investigations, informal hearings, the issuance of cease and desist
  orders, and disciplinary sanctions;
               (9)  conduct informal hearings concerning violations
  of this chapter or rules adopted under this chapter;
               (10)  issue disciplinary sanctions, including agreed
  orders and non-disciplinary remedial plans; and
               (11)  establish procedures for making a confidential
  referral to the Texas Physician Health Program established under
  Chapter 167, and for requiring participation in the program as a
  prerequisite for issuing or maintaining a license under this
  chapter [adopted by the executive commissioner].
         SECTION 2.102.  Section 603.152, Occupations Code, is
  amended to read as follows:
         Sec. 603.152.  GENERAL RULEMAKING AUTHORITY. The medical
  board [executive commissioner] may adopt rules necessary to:
               (1)  regulate the practice of perfusion;
               (2)  enforce this chapter; and
               (3)  perform medical board [department] duties under
  this chapter.
         SECTION 2.103.  Section 603.153, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.153.  RULES RESTRICTING ADVERTISING OR COMPETITIVE
  BIDDING. (a)  The medical board [executive commissioner] may not
  adopt a rule restricting advertising or competitive bidding by a
  person regulated by the medical board [department] under this
  chapter except to prohibit a false, misleading, or deceptive
  practice.
         (b)  The medical board [executive commissioner] may not
  include in rules to prohibit a false, misleading, or deceptive
  practice by a person regulated by the medical board [department]
  under this chapter a rule that:
               (1)  restricts the person's use of any medium for
  advertising;
               (2)  restricts the person's personal appearance or use
  of the person's voice in an advertisement;
               (3)  relates to the size or duration of any
  advertisement by the person; or
               (4)  restricts the use by the person of a trade name in
  advertising.
         SECTION 2.104.  Section 603.1535, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.1535.  RULES ON CONSEQUENCES OF CRIMINAL
  CONVICTION. (a)  The medical board [executive commissioner] shall
  adopt rules necessary to comply with Chapter 53, except to the
  extent the requirements of this chapter are stricter than the
  requirements of Chapter 53.
         (b)  In rules under this section, the medical board
  [executive commissioner] shall list the specific offenses for which
  a conviction would constitute grounds for the medical board
  [department] to take action under Section 53.021.
         SECTION 2.105.  Section 603.154, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended by amending Subsection (a) to read as follows:
         (a)  The medical board [After consulting the commissioner or
  the department, the executive commissioner] shall set fees in
  amounts reasonable and necessary to cover the costs of
  administering this chapter.
         SECTION 2.106.  Section 603.155, Occupations Code, is
  amended to read as follows:
         Sec. 603.155.  [EXECUTIVE COMMISSIONER AND DEPARTMENT]
  DUTIES REGARDING COMPLAINTS. (a)  The medical board [executive
  commissioner] by rule shall:
               (1)  adopt a form to standardize information concerning
  complaints made to the medical board [department]; and
               (2)  prescribe information to be provided to a person
  when the person files a complaint with the medical board
  [department].
         (b)  The medical board [department] shall provide reasonable
  assistance to a person who wishes to file a complaint with the
  medical board [department].
         SECTION 2.107.  Section 603.156, Occupations Code, is
  amended to read as follows:
         Sec. 603.156.  REGISTRY. The medical board [department]
  shall prepare a registry of licensed perfusionists and
  provisionally licensed perfusionists that is available to the
  public, license holders, and appropriate state agencies.
         SECTION 2.108.  Section 603.201, Occupations Code, is
  amended to read as follows:
         Sec. 603.201.  PUBLIC INTEREST INFORMATION. (a)  The
  medical board [department] shall prepare information of consumer
  interest describing the profession of perfusion, the regulatory
  functions of the medical board [department], and the procedures by
  which consumer complaints are filed with and resolved by the
  medical board [department].
         (b)  The medical board [department] shall make the
  information available to the public and appropriate state agencies.
         SECTION 2.109.  Section 603.202, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.202.  COMPLAINTS. (a)  The medical board
  [executive commissioner] by rule shall establish methods by which
  consumers and service recipients are notified of the name, mailing
  address, and telephone number of the medical board [department] for
  the purpose of directing complaints under this chapter to the
  medical board [department].  The medical board [department] may
  provide for that notice:
               (1)  on each license form, application, or written
  contract for services of a person licensed under this chapter;
               (2)  on a sign prominently displayed in the place of
  business of each person licensed under this chapter; or
               (3)  in a bill for services provided by a person
  licensed under this chapter.
         (b)  The medical board [department] shall list with its
  regular telephone number any toll-free telephone number
  established under other state law that may be called to present a
  complaint about a health professional.
         SECTION 2.110.  Section 603.203, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.203.  RECORDS OF COMPLAINTS. (a)  The medical
  board [department] shall maintain a system to promptly and
  efficiently act on complaints filed [with the department] under
  this chapter.  The medical board [department] shall maintain:
               (1)  information about the parties to the complaint and
  the subject matter of the complaint;
               (2)  a summary of the results of the review or
  investigation of the complaint; and
               (3)  information about the disposition of the
  complaint.
         (b)  The medical board [department] shall make information
  available describing its procedures for complaint investigation
  and resolution.
         (c)  The medical board [department] shall periodically
  notify the parties of the status of the complaint until final
  disposition of the complaint.
         SECTION 2.111.  Section 603.204, Occupations Code, is
  amended by amending Subsections (a) and (d), as amended by S.B. 219,
  Acts of the 84th Legislature, Regular Session, 2015, and amending
  Subsection (b) to read as follows:
         (a)  The medical board [executive commissioner] shall adopt
  rules concerning the investigation of a complaint filed [with the
  department] under this chapter.  The rules shall:
               (1)  distinguish among categories of complaints;
               (2)  ensure that a complaint is not dismissed without
  appropriate consideration;
               (3)  require that if [the department be advised of] a
  complaint [that] is dismissed, [and that] a letter shall be sent to
  the person who filed the complaint explaining the action taken on
  the dismissed complaint;
               (4)  ensure that the person who filed the complaint has
  an opportunity to explain the allegations made in the complaint;
  and
               (5)  prescribe guidelines concerning the categories of
  complaints that require the use of a private investigator and the
  procedures for the medical board [department] to obtain the
  services of a private investigator.
         (b)  The medical board [department] shall:
               (1)  dispose of each complaint in a timely manner; and
               (2)  establish, not later than the 30th day after the
  date the medical board [department] receives a complaint, a
  schedule for conducting each phase of the complaint resolution
  process that is under the control of the medical board
  [department].
         (d)  The executive director of the medical board [secretary]
  shall notify the president of the medical board [department] of a
  complaint that is not resolved within the time prescribed by the
  medical board [department] for resolving the complaint so that the
  president [department] may take necessary action on the complaint.
         SECTION 2.112.  The heading to Section 603.2041, Occupations
  Code, is amended to read as follows:
         Sec. 603.2041.  SUBPOENAS; CONFIDENTIALITY OF INFORMATION.
         SECTION 2.113.  Section 603.2041, Occupations Code, is
  amended by amending Subsections (a), (h), and (i), as amended by
  S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, and
  adding Subsection (a-1) to read as follows:
         (a)  The executive director of the medical board, the
  director's designee, or the secretary-treasurer of the medical
  board [In an investigation of a complaint filed with the
  department, the department] may issue a subpoena or subpoena duces
  tecum:
               (1)  to conduct an investigation or a contested case
  proceeding related to:
                     (A)  alleged misconduct by a perfusionist;
                     (B)  an alleged violation of this chapter or
  another law related to the practice of perfusion; or
                     (C)  the provision of health care under this
  chapter; or
               (2)  for purposes of determining whether to issue,
  suspend, restrict, or revoke a license under this chapter [to
  compel the attendance of a relevant witness or the production, for
  inspection or copying, of relevant evidence that is in this state].
         (a-1)  Failure to timely comply with a subpoena issued under
  this section is a ground for:
               (1)  disciplinary action by the medical board or
  another licensing or regulatory agency with jurisdiction over the
  person subject to the subpoena; and
               (2)  denial of a license application.
         (h)  All information and materials subpoenaed or compiled by
  the medical board [department] in connection with a complaint and
  investigation under this chapter are confidential and not subject
  to disclosure under Chapter 552, Government Code, and not subject
  to disclosure, discovery, subpoena, or other means of legal
  compulsion for their release to anyone other than the medical board
  [department] or its agents or employees involved in discipline of
  the holder of a license, except that this information may be
  disclosed to:
               (1)  persons involved with the medical board
  [department] in a disciplinary action against the holder of a
  license under this chapter;
               (2)  professional perfusionist licensing or
  disciplinary boards in other jurisdictions;
               (3)  peer assistance programs approved by the medical
  board [department] under Chapter 467, Health and Safety Code;
               (4)  law enforcement agencies; and
               (5)  persons engaged in bona fide research, if all
  individual-identifying information has been deleted.
         (i)  The filing of formal charges by the medical board
  [department] against a holder of a license under this chapter, the
  nature of those charges, disciplinary proceedings of the medical
  board [department], and final disciplinary actions, including
  warnings and reprimands, by the medical board [department] are not
  confidential and are subject to disclosure in accordance with
  Chapter 552, Government Code.
         SECTION 2.114.  Section 603.205, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.205.  PUBLIC PARTICIPATION. (a)  The medical board
  [department] shall develop and implement policies that provide the
  public with a reasonable opportunity to appear before the medical
  board [department] and to speak on any issue related to the practice
  of perfusion.
         (b)  The medical board [department] shall prepare and
  maintain a written plan that describes how a person who does not
  speak English or who has a physical, mental, or developmental
  disability may be provided reasonable access to the medical board's
  [department's] programs under this chapter.
         SECTION 2.115.  Section 603.252(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The medical board [department] shall prescribe the
  application form and [the executive commissioner] by rule may
  establish dates by which applications and fees must be received.
         SECTION 2.116.  Sections 603.253(b), (c), (d), and (e),
  Occupations Code, are amended to read as follows:
         (b)  The medical board [department] shall prepare or approve
  an examination.  The medical board [department] may prescribe an
  examination that consists of or includes a written examination
  given by the American Board of Cardiovascular Perfusion or by a
  national or state testing service.
         (c)  The medical board [department] shall have any written
  portion of the examination validated by an independent testing
  professional.
         (d)  The medical board [department] shall administer an
  examination to qualified applicants at least once each calendar
  year.
         (e)  On receipt of an application and application fee, the
  medical board [department] shall waive the examination requirement
  for an applicant who, at the time of application:
               (1)  is licensed or certified by another state that has
  licensing or certification requirements the medical board
  [department] determines to be substantially equivalent to the
  requirements of this chapter; or
               (2)  holds a certificate as a certified clinical
  perfusionist issued by the American Board of Cardiovascular
  Perfusion before January 1, 1994, authorizing the holder to
  practice perfusion in a state that does not license or certify
  perfusionists.
         SECTION 2.117.  Sections 603.2535(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  The medical board [department] shall develop and
  administer at least twice each calendar year a jurisprudence
  examination to determine an applicant's knowledge of this chapter,
  rules adopted under this chapter [by the executive commissioner],
  and any other applicable laws of this state affecting the
  applicant's practice of perfusion.
         (c)  The medical board [executive commissioner] shall adopt
  rules to implement this section, including rules related to the
  development and administration of the examination, examination
  fees, guidelines for reexamination, grading the examination, and
  providing notice of examination results.
         SECTION 2.118.  Section 603.254, Occupations Code, is
  amended to read as follows:
         Sec. 603.254.  QUALIFICATION FOR EXAMINATION. (a)  To
  qualify for the licensing examinations under this chapter, an
  applicant must have successfully completed a perfusion education
  program approved by the medical board [department].
         (b)  The medical board [department] may approve a perfusion
  education program only if the program has educational standards
  that are:
               (1)  at least as stringent as those established by the
  Accreditation Committee for Perfusion Education of the American
  Medical Association or its successor; and
               (2)  approved by the Commission on Accreditation of the
  Allied Health Education Program of the American Medical Association
  or its successor.
         SECTION 2.119.  Section 603.255(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The medical board [department] shall notify an
  applicant in writing of the receipt and investigation of the
  applicant's application and any other relevant evidence relating to
  qualifications established by [department] rule not later than:
               (1)  the 45th day after the date a properly submitted
  and timely application is received; and
               (2)  the 30th day before the next examination date.
         SECTION 2.120.  Section 603.256, Occupations Code, is
  amended to read as follows:
         Sec. 603.256.  EXAMINATION RESULTS. (a)  The medical board
  [department] shall notify each examinee of the examination results
  not later than the 30th day after the date the examination is
  administered. If an examination is graded or reviewed by a national
  or state testing service, the medical board [department] shall
  notify each examinee of the examination results not later than the
  14th day after the date the medical board [department] receives the
  results from the testing service.
         (b)  If the notice of the results of an examination graded or
  reviewed by a national or state testing service will be delayed for
  longer than 90 days after the examination date, the medical board
  [department] shall notify each examinee of the reason for the delay
  before the 90th day.
         (c)  If requested in writing by a person who fails the
  examination, the medical board [department] shall provide to the
  person an analysis of the person's performance on the examination.
         SECTION 2.121.  Section 603.257, Occupations Code, is
  amended to read as follows:
         Sec. 603.257.  REEXAMINATION AND ALTERNATIVES TO
  EXAMINATION. The medical board [executive commissioner] by rule
  shall establish:
               (1)  a limit on the number of times an applicant who
  fails an examination may retake the examination;
               (2)  requirements for retaking an examination; and
               (3)  alternative methods of examining competency.
         SECTION 2.122.  Subchapter F, Chapter 603, Occupations Code,
  is amended by adding Section 603.2571 to read as follows:
         Sec. 603.2571.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR LICENSE. (a)  The medical board shall require that
  an applicant for a license submit a complete and legible set of
  fingerprints, on a form prescribed by the medical board, to the
  medical 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 medical board may not issue a license to a person who
  does not comply with the requirement of Subsection (a).
         (c)  The medical board shall conduct a criminal history check
  of each applicant for a license using information:
               (1)  provided by the individual under this section; and
               (2)  made available to the medical 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 medical board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history 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 check.
         SECTION 2.123.  Section 603.259, Occupations Code, is
  amended by amending Subsections (a) and (d) and Subsection (c), as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, to read as follows:
         (a)  The medical board [department] may issue a provisional
  license to an applicant who files an application, pays an
  application fee, and submits evidence satisfactory to the medical
  board [department] of successful completion of the education
  requirement under Section 603.254.
         (c)  A provisionally licensed perfusionist must practice
  under the supervision and direction of a licensed perfusionist
  while performing perfusion.  If the medical board [department]
  finds that a licensed perfusionist is not reasonably available to
  provide supervision and direction and if the medical board
  [department] approves an application submitted [to the department]
  by the provisionally licensed perfusionist, supervision and
  direction may be provided by a physician who is licensed by the
  medical board [Texas Medical Board] and certified by the American
  Board of Thoracic Surgery or certified in cardiovascular surgery by
  the American Osteopathic Board of Surgery.
         (d)  The medical board [executive commissioner] may not
  adopt a rule governing supervision and direction that requires the
  immediate physical presence of the supervising person.
         SECTION 2.124.  Sections 603.301(b), (c), (d), and (f),
  Occupations Code, are amended to read as follows:
         (b)  The medical board [executive commissioner] by rule may
  adopt a system under which licenses expire on various dates during
  the year.
         (c)  A person may renew an unexpired license by paying the
  required renewal fee to the medical board [department] before the
  license expiration date.
         (d)  A person whose license has been expired for 90 days or
  less may renew the license by paying to the medical board
  [department] a fee that is equal to 1-1/4 times the amount of the
  renewal fee.  If a license has been expired for more than 90 days but
  less than one year, the person may renew the license by paying to
  the medical board [department] a fee that is equal to 1-1/2 times
  the amount of the renewal fee.
         (f)  Before the 30th day before a person's license expiration
  date, the medical board [department] shall send written notice of
  the impending license expiration to the person at the person's last
  known address according to medical board [department] records.
         SECTION 2.125.  Section 603.303, Occupations Code, is
  amended to read as follows:
         Sec. 603.303.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
  PRACTITIONER. (a)  The medical board [department] may renew
  without reexamination an expired license of a person who was
  licensed as a perfusionist in this state, moved to another state,
  and is licensed or certified and has been in practice in the other
  state for the two years preceding the date the person applies for
  renewal.
         (b)  The person must pay to the medical board [department] a
  fee that is equal to the amount of the renewal fee for the license.
         SECTION 2.126.  Subchapter G, Chapter 603, Occupations Code,
  is amended by adding Section 603.3031 to read as follows:
         Sec. 603.3031.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR RENEWAL. (a)  An applicant renewing a license
  shall submit a complete and legible set of fingerprints for
  purposes of performing a criminal history check of the applicant as
  provided by Section 603.2571.
         (b)  The medical board may not 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 603.2571 for the initial issuance of the
  license; or
               (2)  this section as part of a prior renewal of the
  license.
         SECTION 2.127.  Section 603.304, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.304.  CONTINUING EDUCATION. (a)  To renew a
  license under this chapter, a person must submit proof satisfactory
  to the medical board [department] that the person has complied with
  the continuing education requirements prescribed by the medical
  board [executive commissioner].
         (b)  The medical board [executive commissioner] shall
  establish continuing education programs for licensed perfusionists
  and provisionally licensed perfusionists under this chapter.  The
  standards of the programs must be at least as stringent as the
  standards of the American Board of Cardiovascular Perfusion or its
  successor.
         (c)  The medical board [executive commissioner] shall:
               (1)  establish a minimum number of hours of continuing
  education required for license renewal under this chapter; and
               (2)  develop a process to evaluate and approve
  continuing education courses.
         (d)  The medical board [executive commissioner] shall
  identify key factors for a license holder's competent performance
  of professional duties.  The medical board [executive commissioner]
  shall adopt a procedure to assess a license holder's participation
  in continuing education programs.
         SECTION 2.128.  Section 603.305, Occupations Code, is
  amended to read as follows:
         Sec. 603.305.  GROUNDS FOR REFUSING RENEWAL. The medical
  board [department] may refuse to renew the license of a person who
  fails to pay an administrative penalty imposed under Subchapter K
  unless enforcement of the penalty is stayed or a court has ordered
  that the administrative penalty is not owed.
         SECTION 2.129.  Section 603.352, Occupations Code, is
  amended to read as follows:
         Sec. 603.352.  LICENSE HOLDER INFORMATION. A person
  licensed under this chapter shall keep the medical board
  [department] informed of any change in the license holder's
  address.
         SECTION 2.130.  Section 603.353, Occupations Code, is
  amended to read as follows:
         Sec. 603.353.  SURRENDER OF LICENSE. A license certificate
  issued by the medical board [department] is the property of the
  medical board [department] and shall be surrendered on demand.
         SECTION 2.131.  Section 603.401, Occupations Code, is
  amended to read as follows:
         Sec. 603.401.  GROUNDS FOR DISCIPLINARY ACTION. If a
  license holder violates this chapter or a rule or code of ethics
  adopted under this chapter [by the executive commissioner], the
  medical board may [department shall]:
               (1)  revoke, restrict, or suspend the license;
               (2)  place on probation the person if the person's
  license has been suspended;
               (3)  reprimand the license holder; or
               (4)  refuse to renew the license.
         SECTION 2.132.  Section 603.402, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.402.  CONTESTED CASE HEARING. Chapter 2001,
  Government Code, and medical board rules for a contested case
  hearing apply to a proceeding by the medical board under this
  chapter in which a formal complaint has been filed [(a)     If the
  department proposes to revoke, suspend, or refuse to renew a
  person's license, the person is entitled to a hearing before a
  hearings officer appointed by the State Office of Administrative
  Hearings].
         [(b)     The executive commissioner shall prescribe procedures
  for appealing to the department a decision to revoke, suspend, or
  refuse to renew a license.]
         SECTION 2.133.  Section 603.404(a), Occupations Code, is
  amended to read as follows:
         (a)  The medical board [executive commissioner] by rule
  shall adopt a broad schedule of sanctions for a violation of this
  chapter.
         SECTION 2.134.  Section 603.405, Occupations Code, is
  amended to read as follows:
         Sec. 603.405.  PROBATION. The medical board [department]
  may require a person whose license suspension is probated to:
               (1)  report regularly to the medical board [department]
  on matters that are the basis of the probation;
               (2)  limit practice to areas prescribed by the medical
  board [department]; or
               (3)  continue the person's professional education until
  the license holder attains a degree of skill satisfactory to the
  medical board [department] in those areas that are the basis of the
  probation.
         SECTION 2.135.  Section 603.406, Occupations Code, is
  amended to read as follows:
         Sec. 603.406.  MONITORING OF LICENSE HOLDER. (a)  The
  medical board [executive commissioner] by rule shall develop a
  system for monitoring a license holder's compliance with the
  requirements of this chapter.
         (b)  Rules adopted under this section must include
  procedures to:
               (1)  monitor for compliance a license holder who is
  ordered by the medical board [department] to perform certain acts;
  and
               (2)  identify and monitor license holders who represent
  a risk to the public.
         SECTION 2.136.  Section 603.407, Occupations Code, is
  amended to read as follows:
         Sec. 603.407.  INFORMAL PROCEDURES. (a)  The medical board
  [executive commissioner] by rule shall adopt procedures governing:
               (1)  informal disposition of a contested case under
  Section 2001.056, Government Code; and
               (2)  an informal proceeding held in compliance with
  Section 2001.054, Government Code.
         (b)  Rules adopted under Subsection (a) must:
               (1)  provide the complainant, if applicable and
  permitted by law, an opportunity to be heard;
               (2)  provide [and] the license holder an opportunity to
  be heard; and
               (3) [(2)]  require the presence of a representative of
  the attorney general or the medical board's [department's] legal
  counsel to advise the medical board [department] or the medical
  board's [department's] employees.
         (c)  Chapters 551 and 552, Government Code, do not apply to
  an investigation file and investigative information in the
  possession of or used by the medical board in an informal proceeding
  under this section.
         SECTION 2.137.  Section 603.408(a), Occupations Code, is
  amended to read as follows:
         (a)  The medical board or a three-member panel of medical
  board members designated by the president of the medical board 
  [department] shall temporarily suspend the license of a license
  holder if the medical board or panel [department] determines from
  the evidence or information presented to it that continued practice
  by the license holder would constitute a continuing and imminent
  threat to the public welfare.
         SECTION 2.138.  Section 603.409, Occupations Code, is
  amended to read as follows:
         Sec. 603.409.  REFUND. (a)  Subject to Subsection (b), the
  medical board [department] may order a license holder to pay a
  refund to a consumer as provided in an agreement resulting from an
  informal settlement conference instead of or in addition to
  imposing an administrative penalty under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the license holder for a
  service regulated by this chapter.  The medical board [department]
  may not require payment of other damages or estimate harm in a
  refund order.
         SECTION 2.139.  Section 603.451(a), Occupations Code, is
  amended to read as follows:
         (a)  The medical board [department] may request the attorney
  general or the appropriate county or district attorney to commence
  an action to enjoin a violation of this chapter.
         SECTION 2.140.  Section 603.4515, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.4515.  CIVIL PENALTY. (a)   A person who violates
  this chapter or[,] a rule adopted [by the executive commissioner
  under this chapter,] or an order issued [adopted by the department]
  under this chapter is liable for a civil penalty not to exceed
  $5,000 a day.
         (b)  At the request of the medical board [department], the
  attorney general shall bring an action to recover a civil penalty
  authorized under this section.
         SECTION 2.141.  Section 603.453(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  If it appears to the medical board [department] that a
  person who is not licensed under this chapter is violating this
  chapter, a rule adopted under this chapter, or another state
  statute or rule relating to the practice of perfusion, the medical
  board [department] after notice and an opportunity for a hearing
  may issue a cease and desist order prohibiting the person from
  engaging in the activity.
         SECTION 2.142.  Section 603.501, Occupations Code, is
  amended to read as follows:
         Sec. 603.501.  IMPOSITION OF ADMINISTRATIVE PENALTY. The
  medical board [department] may impose an administrative penalty on
  a person licensed under this chapter who violates this chapter or a
  rule or order adopted under this chapter.
         SECTION 2.143.  Section 603.502(c), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (c)  The medical board [executive commissioner] by rule
  shall adopt an administrative penalty schedule based on the
  criteria listed in Subsection (b) for violations of this chapter or
  applicable rules to ensure that the amounts of penalties imposed
  are appropriate to the violation.  The medical board [department]
  shall provide the administrative penalty schedule to the public on
  request.
         SECTION 2.144.  Section 603.503, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.503.   NOTICE OF VIOLATION AND PENALTY. If the
  medical board [department] determines that a violation occurred,
  the medical board [department] shall give written notice of the
  violation to the person.  The notice must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the amount of the recommended administrative
  penalty [recommended by the department]; and
               (3)  inform the person of the person's right to a
  hearing on the occurrence of the violation, the amount of the
  penalty, or both.
         SECTION 2.145.  Section 603.504, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  
  (a)  Within 10 days after the date the person receives the notice,
  the person in writing may:
               (1)  accept the determination and recommended
  administrative penalty of the medical board [department]; or
               (2)  make a request for a hearing on the occurrence of
  the violation, the amount of the penalty, or both.
         (b)  If the person accepts the determination and recommended
  penalty of the medical board [department], the medical board 
  [department] by order shall approve the determination and impose
  the recommended penalty.
         SECTION 2.146.  Sections 603.505(a) and (c), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
         (a)  If the person requests a hearing or fails to respond in a
  timely manner to the notice, the medical board [department] shall
  set a hearing and give written notice of the hearing to the person.
         (c)  The administrative law judge shall make findings of fact
  and conclusions of law and promptly issue to the medical board
  [department] a proposal for a decision about the occurrence of the
  violation and the amount of a proposed administrative penalty.
         SECTION 2.147.  Section 603.506, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 603.506.  DECISION BY MEDICAL BOARD [DEPARTMENT].
  (a)  Based on the findings of fact, conclusions of law, and
  proposal for decision, the medical board [department] by order may
  determine that:
               (1)  a violation occurred and impose an administrative
  penalty; or
               (2)  a violation did not occur.
         (b)  The notice of the medical board's [department's] order
  given to the person must include a statement of the right of the
  person to judicial review of the order.
         SECTION 2.148.  Sections 603.507(a), (b), and (c),
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are amended to read as follows:
         (a)  Within 30 days after the date the medical board's
  [department's] order becomes final, the person shall:
               (1)  pay the administrative penalty; or
               (2)  file a petition for judicial review contesting the
  occurrence of the violation, the amount of the penalty, or both.
         (b)  Within the 30-day period prescribed by Subsection (a), a
  person who files a petition for judicial review may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving the court a supersedeas bond approved
  by the court that:
                           (i)  is for the amount of the penalty; and
                           (ii)  is effective until all judicial review
  of the medical board's [department's] order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty and is financially unable to give the supersedeas bond; and
                     (B)  giving a copy of the affidavit to the medical
  board [department] by certified mail.
         (c)  If the medical board [department] receives a copy of an
  affidavit under Subsection (b)(2), the medical board [department]
  may file with the court, within five days after the date the copy is
  received, a contest to the affidavit.
         SECTION 2.149.  Sections 604.001(1) and (2), Occupations
  Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, are amended to read as follows:
               (1)  "Advisory board" means the Texas Board of
  Respiratory Care ["Department" means the Department of State Health
  Services].
               (2)  "Medical board" means the Texas Medical Board 
  ["Executive commissioner" means the executive commissioner of the
  Health and Human Services Commission].
         SECTION 2.150.  Section 604.003, Occupations Code, is
  amended to read as follows:
         Sec. 604.003.  EFFECT OF CHAPTER. This chapter does not
  prohibit:
               (1)  the practice of respiratory care as an integral
  part of the program of study by a student enrolled in a respiratory
  care education program approved by the advisory board [department];
               (2)  the employment by a health care facility of a
  person to deliver limited respiratory care support services under
  the supervision of another person who holds a certificate issued
  under this chapter, if the person delivering the services does not
  perform an invasive procedure related to critical respiratory care,
  including a therapeutic, diagnostic, or palliative procedure, as
  part of the person's employment and if that person:
                     (A)  is enrolled for credit in the clinical
  portion of an approved respiratory care education program; or
                     (B)  has completed all of the clinical portion of
  an approved respiratory care education program within the preceding
  12 months and is actively pursuing a course of study leading to
  graduation from the program;
               (3)  the care of an ill person provided without charge
  by a friend or family member;
               (4)  care provided in an emergency by a person who does
  not claim to be a respiratory care practitioner;
               (5)  the performance by a respiratory care practitioner
  of an advance in the art and techniques of respiratory care learned
  through formal or specialized training;
               (6)  the practice of respiratory care by health care
  personnel who have been formally trained in the care used and who
  are:
                     (A)  licensed under the law regulating their
  professions; or
                     (B)  acting under the delegated authority of a
  licensed physician;
               (7)  the practice of a legally qualified respiratory
  care practitioner who is discharging the practitioner's official
  duties as an employee of the United States government; or
               (8)  the practice by a person of a profession or
  occupation for which the person is licensed, registered, or
  certified under another law of this state.
         SECTION 2.151.  Chapter 604, Occupations Code, is amended by
  adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1.  TEXAS BOARD OF RESPIRATORY CARE
         Sec. 604.021.  TEXAS BOARD OF RESPIRATORY CARE. The Texas
  Board of Respiratory Care is an advisory board to the Texas Medical
  Board.
         Sec. 604.022.  APPOINTMENT OF ADVISORY BOARD. (a)  The
  advisory board consists of nine members appointed by the governor
  with the advice and consent of the senate as follows:
               (1)  four respiratory care practitioners who each have
  at least five years of experience as a respiratory care
  practitioner;
               (2)  two physicians licensed in this state who
  supervise respiratory care practitioners; and
               (3)  three members who represent the public.
         (b)  Appointments to the advisory board shall be made without
  regard to the race, color, disability, sex, religion, age, or
  national origin of the appointee.
         Sec. 604.023.  MEMBERSHIP ELIGIBILITY AND RESTRICTIONS.
  (a)  In this section, "Texas trade association" means a 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 may not be a public member of the advisory board
  if the person or the person's spouse:
               (1)  is registered, certified, or licensed by a
  regulatory agency in a health care profession;
               (2)  is employed by or participates in the management
  of a business entity or other organization regulated by or
  receiving money from the medical board or advisory board;
               (3)  owns or controls, directly or indirectly, more
  than a 10 percent interest in a business entity or other
  organization regulated by or receiving money from the medical board
  or advisory board; or
               (4)  uses or receives a substantial amount of tangible
  goods, services, or money from the medical board or advisory board
  other than compensation or reimbursement authorized by law for
  advisory board membership, attendance, or expenses.
         (c)  A person may not be a member of the advisory 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 spouse is an officer, manager, or paid
  consultant of a Texas trade association in the field of health care.
         (d)  A person may not be a member of the advisory board or act
  as the general counsel to the advisory 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 medical board or
  advisory board.
         Sec. 604.024.  TERMS; VACANCIES. (a)  Members of the
  advisory board are appointed for staggered six-year terms. The
  terms of three members expire on February 1 of each odd-numbered
  year.
         (b)  A member may not serve more than:
               (1)  two consecutive full terms; or
               (2)  a total of three full terms.
         (c)  If a vacancy occurs during a member's term, the governor
  shall appoint a new member to fill the unexpired term.
         Sec. 604.025.  OFFICERS. The governor shall designate a
  member of the advisory board as the presiding officer of the
  advisory board to serve in that capacity at the will of the
  governor. The advisory board shall select from its membership an
  assistant presiding officer and other officers as the advisory
  board considers necessary to carry out the advisory board's duties.
         Sec. 604.026.  GROUNDS FOR REMOVAL. (a)  It is a ground for
  removal from the advisory board that a member:
               (1)  does not have at the time of taking office the
  qualifications required by Sections 604.022 and 604.023;
               (2)  does not maintain during service on the advisory
  board the qualifications required by Sections 604.022 and 604.023;
               (3)  is ineligible for membership under Section
  604.023;
               (4)  cannot, because of illness or disability,
  discharge the member's duties for a substantial part of the member's
  term; or
               (5)  is absent from more than half of the regularly
  scheduled advisory board meetings that the member is eligible to
  attend during a calendar year without an excuse approved by a
  majority vote of the advisory board.
         (b)  The validity of an action of the advisory board is not
  affected by the fact that it is taken when a ground for removal of an
  advisory board member exists.
         (c)  If the executive director of the medical board has
  knowledge that a potential ground for removal exists, the executive
  director shall notify the presiding officer of the advisory 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 executive director shall notify the next
  highest ranking officer of the advisory board, who shall then
  notify the governor and the attorney general that a potential
  ground for removal exists.
         Sec. 604.027.  PER DIEM. A member of the advisory board is
  entitled to receive a per diem as set by legislative appropriation
  for each day that the member engages in the business of the advisory
  board.
         Sec. 604.028.  APPLICATION OF OPEN MEETINGS, OPEN RECORDS,
  AND ADMINISTRATIVE PROCEDURE LAWS. Except as otherwise provided by
  this chapter, the advisory board is subject to Chapters 551, 552,
  and 2001, Government Code.
         Sec. 604.029.  MEETINGS; QUORUM REQUIREMENTS. (a)  The
  advisory board shall conduct regular meetings at least three times
  a year at the times and places the advisory board considers most
  convenient for applicants and advisory board members.
         (b)  The advisory board may hold special meetings in
  accordance with rules adopted by the advisory board and approved by
  the medical board.
         (c)  A majority of the advisory board members constitutes a
  quorum for all purposes except for an advisory board activity
  related to examining the credentials of applicants, acting as a
  panel for disciplinary action under Section 604.202, or conducting
  an informal meeting under Section 604.209.
         Sec. 604.030.  TRAINING. (a)  A person who is appointed to
  and qualifies for office as a member of the advisory board may not
  vote, deliberate, or be counted as a member in attendance at a
  meeting of the advisory board until the person completes a training
  program that complies with this section.
         (b)  The training program must provide the person with
  information regarding:
               (1)  this chapter and the advisory board's programs,
  functions, rules, and budget;
               (2)  the results of the most recent formal audit of the
  advisory board;
               (3)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest; and
               (4)  any applicable ethics policies adopted by the
  advisory board or the Texas Ethics Commission.
         (c)  A person appointed to the advisory 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 attendance at the program occurs before
  or after the person qualifies for office.
         SECTION 2.152.  The heading to Subchapter B, Chapter 604,
  Occupations Code, as amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, is amended to read as follows:
  SUBCHAPTER B.  POWERS AND DUTIES OF ADVISORY BOARD [EXECUTIVE
  COMMISSIONER] AND MEDICAL BOARD [DEPARTMENT]
         SECTION 2.153.  The heading to Section 604.052, Occupations
  Code, is amended to read as follows:
         Sec. 604.052.  GENERAL POWERS AND DUTIES OF ADVISORY BOARD
  [RULES].
         SECTION 2.154.  Section 604.052(a), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (a)  The advisory board [executive commissioner by rule]
  shall:
               (1)  adopt rules that are reasonable and necessary for
  the performance of the advisory board's duties under this chapter,
  as provided by Chapter 2001, Government Code, including rules to
  establish:
                     (A)  the certification and permitting program;
                     (B)  minimum qualifications for respiratory care
  practitioners;
                     (C)  standards of conduct and fitness for
  respiratory care practitioners;
                     (D)  grounds for disciplinary actions;
                     (E)  procedures for disciplinary proceedings;
                     (F)  guidelines for the issuance of sanctions;
                     (G)  procedures for non-disciplinary remedial
  plans; and
                     (H)  procedures for requiring an applicant for or
  holder of a certificate or temporary permit to submit to:
                           (i)  an examination of the applicant's or
  holder's physical or mental health; and
                           (ii)  screening for alcohol or substance
  abuse or behavioral issues;
               (2)  review and approve or reject each application for
  the issuance or renewal of a certificate or temporary permit;
               (3)  adopt procedures for the issuance or renewal of
  each certificate or permit;
               (4)  deny, suspend, restrict, cancel, or revoke
  [standards for issuing, denying, renewing, suspending, suspending
  on an emergency basis, or revoking] a certificate or temporary
  permit or otherwise discipline a certificate or permit holder; and
               (5)  take any other action necessary to carry out the
  functions and duties of the advisory board under this chapter.
         SECTION 2.155.  Subchapter B, Chapter 604, Occupations Code,
  is amended by adding Sections 604.0521 and 604.0522 to read as
  follows:
         Sec. 604.0521.  GUIDELINES FOR EARLY INVOLVEMENT IN
  RULEMAKING PROCESS. (a)  The advisory board shall adopt guidelines
  to establish procedures for receiving input during the rulemaking
  process from individuals and groups that have an interest in
  matters under the advisory board's jurisdiction.  The guidelines
  must provide an opportunity for those individuals and groups to
  provide input before the advisory board submits the rule to the
  medical board for approval.
         (b)  A rule adopted under this chapter may not be challenged
  on the grounds that the advisory board did not comply with this
  section.  If the advisory board was unable to solicit a significant
  amount of input from the public or affected persons early in the
  rulemaking process, the advisory board shall state in writing the
  reasons why it was unable to do so.
         Sec. 604.0522.  POWERS AND DUTIES OF MEDICAL BOARD RELATING
  TO RESPIRATORY CARE PRACTITIONERS. (a)  The medical board shall
  adopt rules consistent with this chapter to regulate:
               (1)  respiratory care practitioners; and
               (2)  physicians who supervise respiratory care
  practitioners.
         (b)  The medical board, by a majority vote, shall approve or
  reject each rule adopted by the advisory board. If approved, the
  rule may take effect. If the rule is rejected, the medical board
  shall return the rule to the advisory board for revision.
         SECTION 2.156.  Section 604.053, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.053.  FEES. (a)  The advisory board [executive
  commissioner] by rule shall set fees for an application,
  examination, certificate, temporary permit, permit and certificate
  renewal, and certificate reinstatement.
         (b)  The advisory board [executive commissioner] by rule
  shall set fees in reasonable amounts that are sufficient to cover
  the costs of administering this chapter.  [The executive
  commissioner shall set fees for issuing or renewing a certificate
  or permit in amounts designed to allow the department to recover
  from the certificate and permit holders all of the department's
  direct and indirect costs in administering and enforcing this
  chapter.]
         SECTION 2.157.  Section 604.054, Occupations Code, is
  amended to read as follows:
         Sec. 604.054.  APPROVAL OF EDUCATION PROGRAMS. In
  determining whether to approve a respiratory care education
  program, the advisory board [department] shall consider relevant
  information about the quality of the program, including
  accreditation of the program by a professional medical association,
  such as the Commission on Accreditation of Allied Health Education
  Programs.
         SECTION 2.158.  Section 604.055, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.055.  PEER ASSISTANCE PROGRAM. The advisory board
  [department] may use the Texas Physician Health Program established
  under Chapter 167 as the advisory board's [establish, approve, and
  fund a] peer assistance program [in accordance with Section
  467.003, Health and Safety Code, and department rules]. The
  advisory board by rule may establish procedures for making a
  confidential referral to the Texas Physician Health Program and for
  requiring participation in the program as a prerequisite for
  issuing or maintaining a certificate or temporary permit under this
  chapter.
         SECTION 2.159.  Section 604.057, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.057.  RULES REGARDING ADVERTISING OR COMPETITIVE
  BIDDING. (a)  The advisory board [executive commissioner] may not
  adopt rules restricting advertising or competitive bidding by a
  temporary permit or certificate holder except to prohibit false,
  misleading, or deceptive practices.
         (b)  In adopting rules to prohibit false, misleading, or
  deceptive practices, the advisory board [executive commissioner]
  may not include a rule that:
               (1)  restricts the use of any medium for advertising;
               (2)  restricts the use of a temporary permit or
  certificate holder's personal appearance or voice in an
  advertisement;
               (3)  relates to the size or duration of an
  advertisement by the temporary permit or certificate holder; or
               (4)  restricts the temporary permit or certificate
  holder's advertisement under a trade name.
         SECTION 2.160.  Subchapter B, Chapter 604, Occupations Code,
  is amended by adding Sections 604.058, 604.059, and 604.060 to read
  as follows:
         Sec. 604.058.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.
  The advisory board shall adopt rules and guidelines as necessary to
  comply with Chapter 53, except to the extent the requirements of
  this chapter are stricter than the requirements of Chapter 53.
         Sec. 604.059.  ASSISTANCE BY MEDICAL BOARD; DIVISION OF
  RESPONSIBILITIES. (a)  The medical board shall provide
  administrative and clerical employees as necessary to enable the
  advisory board to administer this chapter.
         (b)  Subject to the advice and approval of the medical board,
  the advisory board shall develop and implement policies that
  clearly separate the policy-making responsibilities of the
  advisory board and the management responsibilities of the executive
  director and staff of the medical board.
         Sec. 604.060.  PUBLIC PARTICIPATION. Subject to the advice
  and approval of the medical board, the advisory board shall develop
  and implement policies that provide the public with a reasonable
  opportunity to appear before the advisory board and to speak on any
  issue under the jurisdiction of the advisory board.
         SECTION 2.161.  Section 604.101(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  A person may not practice respiratory care other than
  under the direction of a qualified medical director or other
  physician licensed by the medical board [Texas Medical Board].
         SECTION 2.162.  Section 604.103, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.103.  APPLICATION; APPLICATION FEE. An applicant
  for a certificate or temporary permit must:
               (1)  apply to the advisory board [department] on a form
  prescribed by [the department] and under rules adopted by the
  advisory board [executive commissioner]; and
               (2)  submit a nonrefundable application fee with the
  application.
         SECTION 2.163.  Subchapter C, Chapter 604, Occupations Code,
  is amended by adding Section 604.1031 to read as follows:
         Sec. 604.1031.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR CERTIFICATE OR TEMPORARY PERMIT. (a)  The advisory
  board shall require that an applicant for a certificate or
  temporary permit submit a complete and legible set of fingerprints,
  on a form prescribed by the advisory board, to the advisory 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 advisory board may not issue a certificate or
  temporary permit to a person who does not comply with the
  requirement of Subsection (a).
         (c)  The advisory board shall conduct a criminal history
  check of each applicant for a certificate or temporary permit using
  information:
               (1)  provided by the individual under this section; and
               (2)  made available to the advisory 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 advisory board may:
               (1)  enter into an agreement with the Department of
  Public Safety to administer a criminal history 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 check.
         SECTION 2.164.  Section 604.104, Occupations Code, is
  amended to read as follows:
         Sec. 604.104.  REQUIREMENT FOR CERTIFICATE. An applicant
  for a certificate must submit to the advisory board [department]
  written evidence, verified by oath, that the applicant has
  completed:
               (1)  an approved four-year high school course of study
  or the equivalent as determined by the appropriate educational
  agency; and
               (2)  a respiratory care education program approved by
  the advisory board [department].
         SECTION 2.165.  Section 604.1041, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.1041.  EXAMINATION. (a)  The advisory board
  [executive commissioner] by rule shall establish examination
  requirements for a certificate under this chapter. The advisory
  board [executive commissioner] may use the entry level examination
  prepared by the National Board for Respiratory Care or an
  equivalent examination.
         (b)  An applicant for a certificate or temporary permit must
  pass a jurisprudence examination approved by the advisory board.
         SECTION 2.166.  Section 604.1042, Occupations Code, is
  amended to read as follows:
         Sec. 604.1042.  NOTIFICATION OF EXAMINATION RESULTS.
  (a)  Not later than the 30th day after the date a person takes a
  certification examination under this chapter, the advisory board 
  [department] shall notify the person of the results of the
  examination.
         (b)  If the examination is graded or reviewed by a testing
  service, the advisory board [department] shall notify the person of
  the results of the examination not later than the 14th day after the
  date the advisory board [department] receives the results from the
  testing service. If notice of the examination results will be
  delayed for longer than 90 days after the examination date, the
  advisory board [department] shall notify the person of the reason
  for the delay before the 90th day.
         (c)  The advisory board [department] may require a testing
  service to notify a person of the results of the person's
  examination.
         (d)  If requested in writing by a person who fails a
  certification examination administered under this chapter, the
  advisory board [department] shall furnish the person with an
  analysis of the person's performance on the examination.
         SECTION 2.167.  Section 604.105, Occupations Code, is
  amended to read as follows:
         Sec. 604.105.  ISSUANCE OF CERTIFICATE. The advisory board
  [department] shall issue a certificate to an applicant who:
               (1)  meets the minimum qualifications [standards]
  adopted under Section 604.052(a);
               (2)  passes the required examinations;
               (3)  complies with the criminal history record
  information requirement of Section 604.1031;
               (4)  submits an application on a form prescribed by the
  advisory board;
               (5)  certifies that the applicant is mentally and
  physically able to be a respiratory care practitioner;
               (6)  submits to the advisory board any other
  information the advisory board considers necessary to evaluate the
  applicant's qualifications; and
               (7)  pays the certificate fee.
         SECTION 2.168.  Section 604.106, Occupations Code, is
  amended to read as follows:
         Sec. 604.106.  ISSUANCE OF CERTIFICATE BY RECIPROCITY. The
  advisory board [department] may issue a certificate to a person who
  is licensed or certified to practice respiratory care by another
  state whose requirements for licensure or certification were on the
  date the license or certificate was issued substantially equal to
  the requirements of this chapter.
         SECTION 2.169.  Section 604.107, Occupations Code, is
  amended to read as follows:
         Sec. 604.107.  REQUIREMENTS FOR TEMPORARY PERMIT. An
  applicant for a temporary permit to practice respiratory care must
  submit to the advisory board:
               (1)  [department] written evidence, verified by oath,
  that the applicant is:
                     (A) [(1)]  practicing or has within the 12-month
  period preceding the application date practiced respiratory care in
  another state or country and is licensed to practice respiratory
  care in that state or country;
                     (B) [(2)]  a student in an approved respiratory
  care education program who expects to graduate from the program not
  later than the 30th day after the date the temporary permit is
  issued; or
                     (C) [(3)]  a graduate of an approved respiratory
  care education program; and
               (2)  any additional information required by advisory
  board rules.
         SECTION 2.170.  Section 604.108, Occupations Code, is
  amended by amending Subsection (a) and Subsection (b), as amended
  by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, to
  read as follows:
         (a)  The advisory board [department] shall issue a temporary
  permit to an applicant who:
               (1)  meets the requirements of Sections 604.103 and
  604.107;
               (2)  complies with the criminal history record
  information requirement of Section 604.1031; and
               (3)  pays the permit fee.
         (b)  A temporary permit is valid for the period set by
  advisory board [department] rule. The period may not be less than
  six months or more than 12 months.
         SECTION 2.171.  Subchapter C, Chapter 604, Occupations Code,
  is amended by adding Section 604.110 to read as follows:
         Sec. 604.110.  DELEGATION OF AUTHORITY TO ISSUE CERTIFICATE
  OR TEMPORARY PERMIT.  The advisory board may delegate authority to
  medical board employees to issue certificates or temporary permits
  under this chapter to applicants who clearly meet all applicable
  requirements. If the medical board employees determine that the
  applicant does not clearly meet all applicable requirements, the
  application must be returned to the advisory board. A certificate
  or temporary permit issued under this section does not require
  formal advisory board approval.
         SECTION 2.172.  Section 604.151(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The advisory board [executive commissioner] by rule may
  adopt a system under which certificates expire on various dates
  during the year. For the year in which the certificate expiration
  date is changed, the advisory board [department] shall prorate
  certificate fees on a monthly basis so that each certificate holder
  pays only that portion of the certificate fee that is allocable to
  the number of months during which the certificate is valid. On
  renewal of the certificate on the new expiration date, the total
  certificate renewal fee is payable.
         SECTION 2.173.  Section 604.152, Occupations Code, is
  amended to read as follows:
         Sec. 604.152.  NOTICE OF CERTIFICATE RENEWAL. (a)  Not
  later than the 30th day before the expiration date of a person's
  certificate, the advisory board [department] shall mail a renewal
  notice to the person at the person's last known address.
         (b)  To renew a certificate, the certificate holder must:
               (1)  complete the renewal notice and return the notice
  with the renewal fee to the advisory board [department] on or before
  the expiration date; and
               (2)  meet any other requirement established by advisory
  board rule.
         SECTION 2.174.  Sections 604.1521(a) and (b), Occupations
  Code, are amended to read as follows:
         (a)  A person whose certificate has been expired for 90 days
  or less may renew the certificate by paying to the advisory board
  [department] a renewal fee that is equal to 1-1/2 times the normally
  required renewal fee.
         (b)  A person whose certificate has been expired for more
  than 90 days but less than one year may renew the certificate by
  paying to the advisory board [department] a renewal fee that is
  equal to two times the normally required renewal fee.
         SECTION 2.175.  Section 604.1522(b), Occupations Code, is
  amended to read as follows:
         (b)  The person must pay to the advisory board [department] a
  fee that is equal to two times the normally required renewal fee for
  the certificate.
         SECTION 2.176.  Subchapter D, Chapter 604, Occupations Code,
  is amended by adding Section 604.1523 to read as follows:
         Sec. 604.1523.  CRIMINAL HISTORY RECORD INFORMATION
  REQUIREMENT FOR RENEWAL. (a)  An applicant for renewal of a
  certificate or temporary permit shall submit a complete and legible
  set of fingerprints for purposes of performing a criminal history
  check of the applicant as provided by Section 604.1031.
         (b)  The advisory board may not renew the certificate or
  temporary permit of a person who does not comply with the
  requirement of Subsection (a).
         (c)  A person is not required to submit fingerprints under
  this section for the renewal of a certificate or temporary permit if
  the person has previously submitted fingerprints under:
               (1)  Section 604.1031 for the initial issuance of the
  certificate or permit; or
               (2)  this section as part of a prior renewal of a
  certificate or permit.
         SECTION 2.177.  Section 604.153(a), Occupations Code, is
  amended to read as follows:
         (a)  The advisory board [department] shall issue to the
  certificate holder a certificate for the renewal period on receipt
  of the completed renewal notice and other information required by
  advisory board rule and payment of the renewal fee.
         SECTION 2.178.  Section 604.154, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.154.  CONTINUING EDUCATION REQUIREMENTS. (a)  The
  advisory board [executive commissioner] shall establish for the
  renewal of a certificate uniform continuing education requirements
  of not less than 12 or more than 24 continuing education hours for
  each renewal period.
         (b)  The advisory board [executive commissioner] may adopt
  rules relating to meeting the continuing education requirements in
  a hardship situation.
         SECTION 2.179.  Section 604.156, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.156.  INACTIVE STATUS. (a)  A respiratory care
  practitioner who does not practice respiratory care during a
  renewal period and who notifies the advisory board [department]
  that the practitioner is not practicing respiratory care is not
  required to pay the renewal fee until the practitioner resumes
  practice.
         (b)  To resume the practice of respiratory care, the
  practitioner must:
               (1)  notify the advisory board [department];
               (2)  satisfy requirements adopted by the advisory board
  [executive commissioner]; and
               (3)  pay the reinstatement fee and the renewal fee for
  the renewal period in which the practitioner will resume practice.
         SECTION 2.180.  Section 604.157(b), Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         (b)  The advisory board [department] may renew a temporary
  permit for not more than one additional period, pending compliance
  with this chapter and advisory board [department] rules. The
  additional period may not be less than six months or more than 12
  months.
         SECTION 2.181.  Chapter 604, Occupations Code, is amended by
  adding Subchapter D-1 to read as follows:
  SUBCHAPTER D-1.  COMPLAINTS AND INVESTIGATIVE INFORMATION
         Sec. 604.171.  COMPLAINT INFORMATION AND STATUS. (a)  The
  advisory board shall maintain a system to promptly and efficiently
  act on complaints filed with the advisory board.  The advisory
  board shall maintain:
               (1)  information about the parties to the complaint and
  the subject matter of the complaint;
               (2)  a summary of the results of the review or
  investigation of the complaint; and
               (3)  information about the disposition of the
  complaint.
         (b)  The advisory board shall make information available
  describing its procedures for complaint investigation and
  resolution.
         (c)  If a written complaint is filed with the advisory board
  relating to a certificate or temporary permit holder, the advisory
  board, as often as quarterly and until final determination of the
  action to be taken on the complaint, shall notify the parties to the
  complaint of the status of the complaint unless the notice would
  jeopardize an active investigation.
         Sec. 604.172.  CONDUCT OF INVESTIGATION. The advisory board
  shall complete a preliminary investigation of a complaint filed
  with the advisory board not later than the 45th day after the date
  of receiving the complaint.  The advisory board shall first
  determine whether the person constitutes a continuing threat to the
  public welfare.  On completion of the preliminary investigation,
  the advisory board shall determine whether to officially proceed on
  the complaint.  If the advisory board fails to complete the
  preliminary investigation in the time required by this section, the
  advisory board's official investigation of the complaint is
  considered to commence on that date.
         Sec. 604.173.  ACCESS TO COMPLAINT INFORMATION. (a)  Except
  as provided by Subsection (b), the advisory board shall provide a
  person who is the subject of a formal complaint filed under this
  chapter with access to all information in its possession that the
  advisory board intends to offer into evidence in presenting its
  case in chief at the contested hearing on the complaint, subject to
  any other privilege or restriction established by rule, statute, or
  legal precedent. The advisory board shall provide the information
  not later than the 30th day after receipt of a written request from
  the person or the person's counsel, unless good cause is shown for
  delay.
         (b)  The advisory board is not required to provide:
               (1)  advisory board investigative reports;
               (2)  investigative memoranda;
               (3)  the identity of a nontestifying complainant;
               (4)  attorney-client communications;
               (5)  attorney work product; or
               (6)  other material covered by a privilege recognized
  by the Texas Rules of Civil Procedure or the Texas Rules of
  Evidence.
         (c)  Providing information under this section does not
  constitute a waiver of privilege or confidentiality under this
  chapter or other law.
         Sec. 604.174.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.
  On the written request of a health care entity, the advisory board
  shall provide to the entity:
               (1)  information about a complaint filed against a
  person that was resolved after investigation by:
                     (A)  a disciplinary order of the advisory board;
  or
                     (B)  an agreed settlement; and
               (2)  the basis of and current status of any complaint
  that has been referred by the executive director of the medical
  board for enforcement action.
         Sec. 604.175.  CONFIDENTIALITY OF INVESTIGATIVE
  INFORMATION. A complaint, adverse report, investigation file,
  other report, or other investigative information in the possession
  of or received or gathered by the advisory board, the medical board,
  or an employee or agent of the medical board relating to a
  certificate or temporary permit holder, an application for a
  certificate or temporary permit, or a criminal investigation or
  proceeding is privileged and confidential and is not subject to
  discovery, subpoena, or other means of legal compulsion for release
  to any person other than the advisory board, the medical board, or
  an employee or agent of the advisory board or medical board involved
  in discipline under this chapter. For purposes of this section,
  "investigative information" includes information related to the
  identity of a person performing or supervising compliance
  monitoring for the advisory board or medical board and a report
  prepared by the person related to compliance monitoring.
         Sec. 604.176.  PERMITTED DISCLOSURE OF INVESTIGATIVE
  INFORMATION. (a)  Investigative information in the possession of
  the advisory board, the medical board, or an employee or agent of
  the medical board that relates to the discipline of a certificate or
  temporary permit holder may be disclosed to:
               (1)  a licensing authority in another state or country
  in which the certificate or temporary permit holder is licensed,
  certified, or permitted or has applied for a license,
  certification, or permit; or
               (2)  a medical peer review committee reviewing:
                     (A)  an application for privileges; or
                     (B)  the qualifications of the certificate holder
  or person with respect to retaining privileges.
         (b)  If investigative information in the possession of the
  advisory board, the medical board, or an employee or agent of the
  medical board indicates that a crime may have been committed, the
  advisory board or medical board, as appropriate, shall report the
  information to the proper law enforcement agency. The advisory
  board and medical board shall cooperate with and assist each law
  enforcement agency conducting a criminal investigation of a
  certificate or temporary permit holder by providing information
  relevant to the investigation. Confidential information disclosed
  to a law enforcement agency under this subsection remains
  confidential and may not be disclosed by the law enforcement agency
  except as necessary to further the investigation.
         SECTION 2.182.  Section 604.201, Occupations Code, is
  amended to read as follows:
         Sec. 604.201.  DISCIPLINARY ACTION. (a)  For a violation of
  this chapter or a rule adopted under this chapter, the advisory
  board [department] may:
               (1)  deny, suspend, suspend on an emergency basis,
  restrict, revoke, or refuse to renew a certificate or temporary
  permit;
               (2)  place the certificate or permit holder on
  probation under conditions set by the advisory board [department];
  or
               (3)  reprimand the certificate or permit holder.
         (b)  The advisory board [department] shall take disciplinary
  action authorized under Subsection (a) if the advisory board
  [department] determines that a person who holds a certificate or
  temporary permit:
               (1)  is guilty of fraud or deceit in procuring,
  renewing, or attempting to procure a certificate or temporary
  permit;
               (2)  is unfit or incompetent because of negligence or
  another cause of incompetency;
               (3)  is addicted to or has improperly obtained,
  possessed, used, or distributed a habit-forming drug or narcotic or
  is habitually intemperate in the use of alcoholic beverages;
               (4)  is guilty of dishonest or unethical conduct as
  determined by the advisory board [department];
               (5)  has practiced respiratory care after the person's
  certificate or temporary permit has expired;
               (6)  has practiced respiratory care under a certificate
  or temporary permit illegally or fraudulently obtained or issued;
               (7)  has practiced respiratory care without the
  direction of a qualified medical director or other licensed
  physician; [or]
               (8)  has violated this chapter or aided or abetted
  another in violating this chapter; or
               (9)  has violated:
                     (A)  a rule adopted under this chapter;
                     (B)  an order of the advisory board previously
  entered in a disciplinary proceeding; or
                     (C)  an order to comply with a subpoena issued
  under this chapter.
         SECTION 2.183.  Subchapter E, Chapter 604, Occupations Code,
  is amended by adding Section 604.2011 to read as follows:
         Sec. 604.2011.  SURRENDER OF CERTIFICATE OR TEMPORARY
  PERMIT. (a)  The advisory board may accept the voluntary surrender
  of a certificate or temporary permit.  A person who has surrendered
  a certificate or temporary permit may not engage in activities that
  require a certificate or permit, and the advisory board may not
  return the certificate or permit to the person, until the person
  demonstrates to the satisfaction of the advisory board that the
  person is able to resume practice as a respiratory care
  practitioner.
         (b)  The advisory board shall by rule establish guidelines
  for determining when a person is competent to resume practice as a
  respiratory care practitioner.
         SECTION 2.184.  Section 604.202, Occupations Code, is
  amended to read as follows:
         Sec. 604.202.  EMERGENCY SUSPENSION. (a)  The presiding
  officer of the advisory board shall appoint a three-member
  disciplinary panel consisting of advisory board members to
  determine whether a certificate or permit should be temporarily
  suspended.
         (a-1)  The disciplinary panel shall temporarily [department
  may] suspend a certificate or temporary permit issued under this
  chapter on a determination that continued practice by a certificate
  or temporary permit holder would constitute a continuing threat to
  the public welfare [the health and safety of a person is threatened
  and may make the suspension effective immediately].
         (b)  A [person whose] certificate or temporary permit may be
  [is] suspended under this section without notice or hearing on the
  complaint if:
               (1)  action is taken to initiate proceedings for [is
  entitled to] a hearing before the advisory board simultaneously
  with the temporary suspension; and
               (2)  a hearing is held as soon as practicable under this
  chapter and Chapter 2001, Government Code [department not later
  than the 10th day after the effective date of the emergency
  suspension].
         (c)  Notwithstanding Chapter 551, Government Code, the
  disciplinary panel may hold a meeting by telephone conference call
  if immediate action is required and convening of the panel at one
  location is inconvenient for any member of the panel.
         SECTION 2.185.  Section 604.203, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.203.  ADMINISTRATIVE [DISCIPLINARY] PROCEDURE FOR
  CONTESTED CASE HEARING. For a contested case hearing in which a
  formal complaint has been filed under this chapter, the [The]
  procedure by which the advisory board [department] takes a
  disciplinary action and the procedure by which a disciplinary
  action is appealed are governed by:
               (1)  advisory board [department] rules for a contested
  case hearing; and
               (2)  Chapter 2001, Government Code.
         SECTION 2.186.  Subchapter E, Chapter 604, Occupations Code,
  is amended by adding Sections 604.205 through 604.214 to read as
  follows:
         Sec. 604.205.  DELEGATION OF CERTAIN COMPLAINT
  DISPOSITIONS. (a)  The advisory board may delegate to a committee
  of medical board employees the authority to dismiss or enter into an
  agreed settlement of a complaint that does not relate directly to
  patient care or that involves only administrative violations.  The
  disposition determined by the committee must be approved by the
  advisory board at a public meeting.
         (b)  A complaint delegated under this section shall be
  referred for an informal proceeding under Section 604.209 if:
               (1)  the committee of employees determines that the
  complaint should not be dismissed or settled;
               (2)  the committee is unable to reach an agreed
  settlement; or
               (3)  the affected person requests that the complaint be
  referred for an informal proceeding.
         Sec. 604.206.  SUBPOENA. (a)  The executive director of the
  medical board, the director's designee, or the secretary-treasurer
  of the medical board may issue a subpoena or subpoena duces tecum
  for the advisory board:
               (1)  to conduct an investigation or a contested
  proceeding related to:
                     (A)  alleged misconduct by a certificate or
  temporary permit holder;
                     (B)  an alleged violation of this chapter or other
  law related to respiratory care; or
                     (C)  the provision of health care under this
  chapter; or
               (2)  for purposes of determining whether to issue,
  suspend, restrict, or revoke a certificate or temporary permit
  under this chapter.
         (b)  Failure to timely comply with a subpoena issued under
  this section is a ground for:
               (1)  disciplinary action by the advisory board or
  another licensing or regulatory agency with jurisdiction over the
  person subject to the subpoena; and
               (2)  denial of an application for a certificate or
  temporary permit.
         Sec. 604.207.  PROTECTION OF PATIENT IDENTITY. In a
  disciplinary investigation or proceeding conducted under this
  chapter, the advisory board shall protect the identity of each
  patient whose medical records are examined and used in a public
  proceeding unless the patient:
               (1)  testifies in the public proceeding; or
               (2)  submits a written release in regard to the
  patient's records or identity.
         Sec. 604.208.  REQUIRED SUSPENSION OF LICENSE OF
  INCARCERATED CERTIFICATE OR TEMPORARY PERMIT HOLDER. Regardless of
  the offense, the advisory board shall suspend the certificate or
  temporary permit of a person serving a prison term in a state or
  federal penitentiary during the term of the incarceration.
         Sec. 604.209.  INFORMAL PROCEEDINGS. (a)  The advisory
  board by rule shall adopt procedures governing:
               (1)  informal disposition of a contested case under
  Section 2001.056, Government Code; and
               (2)  informal proceedings held in compliance with
  Section 2001.054, Government Code.
         (b)  Rules adopted under this section must require that:
               (1)  an informal meeting in compliance with Section
  2001.054, Government Code, be scheduled and the advisory board give
  notice to the person who is the subject of a complaint of the time
  and place of the meeting not later than the 45th day before the date
  the meeting is held;
               (2)  the complainant and the person who is the subject
  of the complaint be provided an opportunity to be heard;
               (3)  at least one of the advisory board members
  participating in the informal meeting as a panelist be a member who
  represents the public;
               (4)  a member of the medical board's staff be at the
  meeting to present to the advisory board's representative the facts
  the staff reasonably believes it could prove by competent evidence
  or qualified witnesses at a hearing; and
               (5)  the advisory board's legal counsel or a
  representative of the attorney general be present to advise the
  advisory board or the medical board's staff.
         (c)  The person who is the subject of the complaint is
  entitled to:
               (1)  reply to the staff's presentation; and
               (2)  present the facts the person reasonably believes
  the person could prove by competent evidence or qualified witnesses
  at a hearing.
         (d)  After ample time is given for the presentations, the
  advisory board representative shall recommend that the
  investigation be closed or shall attempt to mediate the disputed
  matters and make a recommendation regarding the disposition of the
  case in the absence of a hearing under applicable law concerning
  contested cases.
         (e)  If the person who is the subject of the complaint has
  previously been the subject of disciplinary action by the advisory
  board, the advisory board shall schedule the informal meeting as
  soon as practicable.
         (f)  Section 604.175 applies to an investigation file and
  investigative information in the possession of or used by the
  advisory board in an informal proceeding under this section.
         Sec. 604.210.  ADVISORY BOARD REPRESENTATION IN INFORMAL
  PROCEEDINGS. (a)  In an informal meeting under Section 604.209, at
  least two panelists shall be appointed to determine whether an
  informal disposition is appropriate.
         (b)  Notwithstanding Subsection (a) and Section
  604.209(b)(3), an informal proceeding may be conducted by one
  panelist if the person who is the subject of the complaint waives
  the requirement that at least two panelists conduct the informal
  proceeding.  If the person waives that requirement, the panelist
  may be any member of the advisory board.
         (c)  Except as provided by Subsection (d), the panel
  requirements described by Subsections (a) and (b) apply to an
  informal proceeding conducted by the advisory board under Section
  604.209, including a proceeding to:
               (1)  consider a disciplinary case to determine if a
  violation has occurred; or
               (2)  request modification or termination of an order.
         (d)  The panel requirements described by Subsections (a) and
  (b) do not apply to an informal proceeding conducted by the advisory
  board under Section 604.209 to show compliance with an order of the
  advisory board.
         Sec. 604.211.  ROLES AND RESPONSIBILITIES OF PARTICIPANTS IN
  INFORMAL PROCEEDINGS. (a)  An advisory board member who serves as
  a panelist at an informal meeting under Section 604.209 shall make
  recommendations for the disposition of a complaint or allegation.  
  The member may request the assistance of a medical board employee at
  any time.
         (b)  Medical board employees shall present a summary of the
  allegations against the person who is the subject of the complaint
  and of the facts pertaining to the allegation that the employees
  reasonably believe may be proven by competent evidence at a formal
  hearing.
         (c)  An attorney for the advisory board or medical board
  shall act as counsel to the panel and, notwithstanding Subsection
  (e), shall be present during the informal meeting and the panel's
  deliberations to advise the panel on legal issues that arise during
  the proceeding.  The attorney may ask questions of a participant in
  the informal meeting to clarify any statement made by the
  participant.  The attorney shall provide to the panel a historical
  perspective on comparable cases that have appeared before the
  advisory board or medical board, keep the proceedings focused on
  the case being discussed, and ensure that the medical board's
  employees and the person who is the subject of the complaint have an
  opportunity to present information related to the case.  During the
  panel's deliberations, the attorney may be present only to advise
  the panel on legal issues and to provide information on comparable
  cases that have appeared before the advisory board or medical
  board.
         (d)  The panel and medical board employees shall provide an
  opportunity for the person who is the subject of the complaint and
  the person's authorized representative to reply to the medical
  board employees' presentation and to present oral and written
  statements and facts that the person and representative reasonably
  believe could be proven by competent evidence at a formal hearing.
         (e)  An employee of the medical board who participated in the
  presentation of the allegation or information gathered in the
  investigation of the complaint, the person who is the subject of the
  complaint, the person's authorized representative, the
  complainant, the witnesses, and members of the public may not be
  present during the deliberations of the panel.  Only the members of
  the panel and the attorney serving as counsel to the panel may be
  present during the deliberations.
         (f)  The panel shall recommend the dismissal of the complaint
  or allegations or, if the panel determines that the person has
  violated a statute or advisory board rule, the panel may recommend
  advisory board action and terms for an informal settlement of the
  case.
         (g)  The panel's recommendations under Subsection (f) must
  be made in a written order and presented to the affected person and
  the person's authorized representative.  The person may accept the
  proposed settlement within the time established by the panel at the
  informal meeting.  If the person rejects the proposed settlement or
  does not act within the required time, the advisory board may
  proceed with the filing of a formal complaint with the State Office
  of Administrative Hearings.
         Sec. 604.212.  LIMIT ON ACCESS TO INVESTIGATION FILES. The
  advisory board shall prohibit or limit access to an investigation
  file relating to a person subject to an informal proceeding in the
  manner provided by Sections 164.007(c) and 604.175.
         Sec. 604.213.  REFUND. (a)  Subject to Subsection (b), the
  advisory board may order a certificate or temporary permit holder
  to pay a refund to a consumer as provided in an agreement resulting
  from an informal settlement conference instead of or in addition to
  imposing an administrative penalty under Subchapter F.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to the certificate or temporary
  permit holder for a service regulated by this chapter.  The advisory
  board may not require payment of other damages or estimate harm in a
  refund order.
         Sec. 604.214.  EXPERT IMMUNITY. An expert who assists the
  advisory board is immune from suit and judgment and may not be
  subjected to a suit for damages for any investigation, report,
  recommendation, statement, evaluation, finding, or other action
  taken in the course of assisting the advisory board in a
  disciplinary proceeding. The attorney general shall represent the
  expert in any suit resulting from a service provided by the person
  in good faith to the advisory board.
         SECTION 2.187.  Section 604.301, Occupations Code, is
  amended to read as follows:
         Sec. 604.301.  IMPOSITION OF PENALTY. The advisory board
  [department] may impose an administrative penalty on a person who
  violates this chapter or a rule adopted under this chapter.
         SECTION 2.188.  Section 604.303, Occupations Code, is
  amended to read as follows:
         Sec. 604.303.  NOTICE OF VIOLATION AND PENALTY. If, after
  investigation of a possible violation and the facts surrounding the
  possible violation, the advisory board [department] determines
  that a violation occurred, the advisory board [department] shall
  give written notice of the violation to the person alleged to have
  committed the violation. The notice must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the amount of the proposed administrative
  penalty based on the factors set forth in Section 604.302(b); and
               (3)  inform the person of the person's right to a
  hearing on the occurrence of the violation, the amount of the
  penalty, or both.
         SECTION 2.189.  Section 604.304, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.304.  PENALTY TO BE PAID OR HEARING REQUESTED.
  (a)  Not later than the 20th day after the date the person receives
  the notice under Section 604.303, the person may:
               (1)  accept the advisory board's [department's]
  determination and proposed administrative penalty; or
               (2)  make a written request for a hearing on that
  determination.
         (b)  If the person accepts the [department's] determination,
  the advisory board [department] by order shall approve the
  determination and assess the proposed penalty.
         SECTION 2.190.  Section 604.305, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.305.  HEARING. (a)  If the person requests a
  hearing in a timely manner, the advisory board [department] shall:
               (1)  set a hearing; and
               (2)  give written notice of the hearing to the person.
         (b)  The hearings examiner shall:
               (1)  make findings of fact and conclusions of law; and
               (2)  promptly issue to the advisory board [department]
  a proposal for decision as to the occurrence of the violation and
  the amount of any proposed administrative penalty.
         SECTION 2.191.  Section 604.306, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.306.  DECISION BY ADVISORY BOARD [DEPARTMENT].
  (a)  Based on the findings of fact, conclusions of law, and
  proposal for decision, the advisory board [department] by order may
  determine that:
               (1)  a violation occurred and impose an administrative
  penalty; or
               (2)  a violation did not occur.
         (b)  The advisory board [department] shall give notice of the
  order to the person. The notice must include:
               (1)  separate statements of the findings of fact and
  conclusions of law;
               (2)  the amount of any penalty imposed; and
               (3)  a statement of the person's right to judicial
  review of the order.
         SECTION 2.192.  Sections 604.307(b) and (c), Occupations
  Code, are amended to read as follows:
         (b)  Within the 30-day period, a person who acts under
  Subsection (a)(3) may:
               (1)  stay enforcement of the penalty by:
                     (A)  paying the penalty to the court for placement
  in an escrow account; or
                     (B)  giving to the court a supersedeas bond
  approved by the court that:
                           (i)  is for the amount of the penalty; and
                           (ii)  is effective until judicial review of
  the order is final; or
               (2)  request the court to stay enforcement of the
  penalty by:
                     (A)  filing with the court a sworn affidavit of
  the person stating that the person is financially unable to pay the
  penalty and is financially unable to give the supersedeas bond; and
                     (B)  giving a copy of the affidavit to the
  advisory board [department] by certified mail.
         (c)  If the advisory board [department] receives a copy of an
  affidavit under Subsection (b)(2), the advisory board [department]
  may file with the court a contest to the affidavit not later than
  the fifth day after the date the copy is received.
         SECTION 2.193.  Section 604.308, Occupations Code, is
  amended to read as follows:
         Sec. 604.308.  COLLECTION OF PENALTY. If the person does not
  pay the penalty and enforcement of the penalty is not stayed, the
  advisory board [department] may refer the matter to the attorney
  general for collection of the penalty.
         SECTION 2.194.  Section 604.311, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 604.311.  ADMINISTRATIVE PENALTY EXPENSES AND COSTS.
  (a)  In this section, "reasonable expenses and costs" includes
  expenses incurred by the advisory board [department] or the
  attorney general in the investigation, initiation, or prosecution
  of an action, including reasonable investigative costs, court
  costs, attorney's fees, witness fees, and deposition expenses.
         (b)  The advisory board [department] may assess reasonable
  expenses and costs against a person in an administrative hearing
  if, as a result of the hearing, an administrative penalty is
  assessed against the person. The person shall pay expenses and
  costs assessed under this subsection not later than the 30th day
  after the date the order of the advisory board [department]
  requiring the payment of expenses and costs is final. The advisory
  board [department] may refer the matter to the attorney general for
  collection of the expenses and costs.
         (c)  If the attorney general brings an action against a
  person to enforce an administrative penalty assessed under this
  subchapter and the person is found liable for an administrative
  penalty, the attorney general may recover, on behalf of the
  attorney general and the advisory board [department], reasonable
  expenses and costs.
         SECTION 2.195.  The heading to Subchapter G, Chapter 604,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER G. CRIMINAL PENALTIES AND ENFORCEMENT PROVISIONS
         SECTION 2.196.  Section 604.352(a), Occupations Code, is
  amended to read as follows:
         (a)  A person commits an offense if the person knowingly:
               (1)  sells, fraudulently obtains, or furnishes a
  respiratory care diploma, certificate, temporary permit, or
  record;
               (2)  practices respiratory care under a respiratory
  care diploma, certificate, temporary permit, or record illegally or
  fraudulently obtained or issued;
               (3)  impersonates in any manner a respiratory care
  practitioner;
               (4)  practices respiratory care while the person's
  certificate or temporary permit is suspended, revoked, or expired;
               (5)  conducts a formal respiratory care education
  program to prepare respiratory care personnel other than a program
  approved by the advisory board [department];
               (6)  employs a person as a respiratory care
  practitioner who does not hold a certificate or temporary permit in
  the practice of respiratory care; or
               (7)  otherwise practices medicine in violation of
  Section 604.002.
         SECTION 2.197.  The following provisions of the Occupations
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Sections 601.002(2) and (5);
               (2)  Section 601.051;
               (3)  Section 601.053;
               (4)  Section 601.056(b);
               (5)  Section 601.103;
               (6)  Sections 602.002(1-a) and (2);
               (7)  Sections 602.052(b) and (c);
               (8)  Sections 602.053(a), (b), and (c);
               (9)  Section 602.056(c);
               (10)  Section 602.059;
               (11)  Subchapter C, Chapter 602;
               (12)  Sections 602.1525(b), (c), (d), (e), (f), and
  (g);
               (13)  Section 602.155;
               (14)  Section 602.204;
               (15)  Sections 603.002(1) and (4);
               (16)  Section 603.005;
               (17)  Section 603.054(c);
               (18)  Section 603.058;
               (19)  Subchapter C, Chapter 603;
               (20)  Section 603.154(b);
               (21)  Section 603.158;
               (22)  Section 603.159;
               (23)  Sections 603.2041(b), (c), (d), (f), and (g);
               (24)  Section 604.051; 
               (25)  Sections 604.052(b) and (c); and
               (26)  Section 604.056.
         SECTION 2.198.  Sections 601.1031, 601.1111, 602.2081,
  602.2101, 603.2571, 603.3031, 604.1031, and 604.1523, Occupations
  Code, as added by this article, apply only to an application for the
  issuance or renewal of a license, certificate, or permit filed
  under Chapter 601, 602, 603, or 604, Occupations Code, on or after
  January 1, 2016. An application filed before that date is governed
  by the law in effect at the time the application was filed, and the
  former law is continued in effect for that purpose.
         SECTION 2.199.  (a)  A rule or fee of the Department of State
  Health Services that relates to a program transferred under this
  article and that is in effect on the effective date of this Act
  remains in effect until changed by the Texas Medical Board, the
  Texas Board of Medical Radiologic Technology, or the Texas Board of
  Respiratory Care, as appropriate.
         (b)  A license, certificate, or permit issued by the
  Department of State Health Services for a program transferred under
  this article is continued in effect as a license, certificate, or
  permit of the Texas Medical Board, the Texas Board of Medical
  Radiologic Technology, or the Texas Board of Respiratory Care, as
  appropriate, after the effective date of this Act.
         (c)  A complaint, investigation, contested case, or other
  proceeding before the Department of State Health Services relating
  to a program transferred under this article that is pending on the
  effective date of this Act is transferred without change in status
  to the Texas Medical Board, the Texas Board of Medical Radiologic
  Technology, or the Texas Board of Respiratory Care, as appropriate.
         SECTION 2.200.  (a)  As soon as practicable after the
  effective date of this Act, the Department of State Health Services
  and the Texas Medical Board shall adopt a transition plan to provide
  for the orderly transfer of powers, duties, functions, programs,
  and activities under this article. The transition plan must
  provide for the transfer to be completed as soon as practicable
  after the effective date of this Act.
         (b)  The Department of State Health Services shall provide
  the Texas Medical Board with access to any systems or information
  necessary for the Texas Medical Board to accept a program
  transferred under this article.
         (c)  On the effective date of this Act, the Texas Board of
  Licensure for Professional Medical Physicists and the Texas State
  Perfusionist Advisory Committee are abolished and the governor and
  the president of the Texas Medical Board, as appropriate, shall, as
  soon as practicable after the effective date of this Act, appoint
  the members of the Texas Board of Medical Radiologic Technology,
  the Medical Physicist Licensure Advisory Committee, the
  Perfusionist Licensure Advisory Committee, and the Texas Board of
  Respiratory Care.
         (d)  On the effective date of this Act, all full-time
  equivalent employee positions at the Department of State Health
  Services that primarily concern the administration or enforcement
  of Chapter 601, 602, 603, or 604, Occupations Code, become
  positions at the Texas Medical Board. The Texas Medical Board shall
  post the positions for hiring and, when filling the positions,
  shall give consideration to, but is not required to hire, an
  applicant who, immediately before the effective date of this Act,
  was an employee at the Department of State Health Services
  primarily involved in administering or enforcing the applicable
  law.
  ARTICLE 3.  DEREGULATION OF CERTAIN ACTIVITIES AND OCCUPATIONS
         SECTION 3.001.  Section 2165.303(b), Government Code, is
  amended to read as follows:
         (b)  The commission shall report the findings and test
  results obtained under a contract for air monitoring under this
  section to the office [and the department] in a form and manner
  prescribed by the office [and the department] for that purpose.
         SECTION 3.002.  Section 2165.305(c), Government Code, is
  amended to read as follows:
         (c)  In developing a seminar required by this section, the
  office shall receive assistance from:
               (1)  the commission; and
               (2)  [the department; and
               [(3)]  an entity that specializes in research and
  technical assistance related to indoor air quality but does not
  receive appropriations from the state.
         SECTION 3.003.  The heading to Subtitle G, Title 2, Health
  and Safety Code, is amended to read as follows:
  SUBTITLE G.  LICENSES AND OTHER REGULATION
         SECTION 3.004.  The heading to Subchapter C, Chapter 144,
  Health and Safety Code, is amended to read as follows:
  SUBCHAPTER C.  OPERATING PROCEDURES [FOR ALL LICENSE HOLDERS]
         SECTION 3.005.  Section 144.021, Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 144.021.  GENERAL REQUIREMENTS FOR RENDERING
  OPERATIONS [OPERATING LICENSES].  [(a)]  Each rendering
  establishment, related station, transfer station, dead animal
  hauler, or renderable raw material hauler [applicant for or holder
  of an operating license] shall adopt operating procedures that:
               (1)  provide for the sanitary performance of rendering
  operations and processes;
               (2)  prevent the spread of infectious or noxious
  materials; and
               (3)  ensure that finished products are free from
  disease-producing organisms.
         [(b)     As a condition of licensure, the department, in
  accordance with department rules, may prescribe other reasonable
  and appropriate construction, operational, maintenance, and
  inspection requirements to ensure compliance with this chapter and
  other applicable rules.]
         SECTION 3.006.  Section 144.022, Health and Safety Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 144.022.  RECORDS. (a)  Each [licensed] rendering
  establishment, related station, or dead animal hauler shall have a
  dead animal log that meets the requirements prescribed by
  department rule. The name of the [licensed] rendering
  establishment, related station, or dead animal hauler must be on
  the front of the log.
         (b)  A rendering establishment, related station, or dead
  animal hauler that [When a license holder] receives a dead animal[,
  the license holder] shall enter the following information in the
  log:
               (1)  the date and time of the pickup of the dead animal;
               (2)  the name of the driver of the collection vehicle;
               (3)  a description of the dead animal;
               (4)  the location of the dead animal, including the
  county; and
               (5)  the owner of the dead animal, if known.
         (c)  The rendering establishment, related station, or dead
  animal hauler [license holder] shall also keep a record in the log,
  or in an appendix to the log, of the general route followed in
  making the collection.
         (d)  The log is subject to inspection at all reasonable times
  by the department or a person with written authorization from the
  department. [Repeated or wilful failure or refusal to produce the
  log for inspection or to permit inspection by persons properly
  authorized to inspect the log constitutes grounds for license
  revocation.]
         (e)  This section does not apply to a [licensed] renderable
  raw material hauler.
         SECTION 3.007.  The heading to Section 144.023, Health and
  Safety Code, is amended to read as follows:
         Sec. 144.023.  VEHICLES[; PERMIT REQUIRED].
         SECTION 3.008.  Section 144.023(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A truck bed used to transport dead animals or renderable
  raw materials shall be thoroughly washed and sanitized before use
  for the transport of finished rendered products.  A truck bed used
  to transport dead animals or renderable raw materials to a
  rendering establishment, or to transfer finished rendered products
  from an establishment, shall, before being used to transport any
  product intended for human consumption, be thoroughly sanitized
  with a bactericidal agent that is [determined by the department to
  be] safe for use in a rendering establishment.  A truck bed may not
  be used to transport dead animals or renderable raw materials at the
  same time the truck bed or any part of the truck bed is used to
  transport any product intended for human consumption,
  notwithstanding the manner in which part of the truck bed is sealed
  or separated from the remainder of the bed.
         SECTION 3.009.  Section 144.027(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A drinking water supply [approved by the department]
  shall be provided at convenient locations in the establishment for
  the use of employees.
         SECTION 3.010.  Section 144.078(a), Health and Safety Code,
  is amended to read as follows:
         (a)  The [On request of the department, the] attorney general
  may bring an action in any district court of this state that has
  jurisdiction and venue for an injunction to compel compliance with
  this chapter or to restrain any actual or threatened violation of
  this chapter.
         SECTION 3.011.  Section 144.079(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A renderer, hauler, or any other person may not[:
               [(1)     take possession of recyclable cooking oil from an
  unlicensed hauler or an employee or contractor of an unlicensed
  hauler; or
               [(2)]  knowingly take possession of stolen recyclable
  cooking oil.
         SECTION 3.012.  Sections 145.006(a) and (b), Health and
  Safety Code, as amended by S.B. 219, Acts of the 84th Legislature,
  Regular Session, 2015, are amended to read as follows:
         (a)  A tanning facility shall post a warning sign in a
  conspicuous location where it is readily visible by persons
  entering the establishment. [The executive commissioner by rule
  shall specify the size, design, and graphic design of the sign.]
  The sign must have dimensions of at least 11 inches by 17 inches and
  must contain the following wording:
         Repeated exposure to ultraviolet radiation may cause chronic
  sun damage characterized by wrinkling, dryness, fragility,
  bruising of the skin, and skin cancer.
  DANGER: ULTRAVIOLET RADIATION
         Failure to use protective eyewear may result in severe burns
  or permanent injury to the eyes.
         Medications or cosmetics may increase your sensitivity to
  ultraviolet radiation. Consult a physician before using a sunlamp
  if you are using medications, have a history of skin problems, or
  believe you are especially sensitive to sunlight. Pregnant women
  or women taking oral contraceptives who use this product may
  develop discolored skin.
         A tanning facility operator who violates a law relating to
  the operation of a tanning facility is subject to a civil or
  criminal penalty.  If you suspect a violation, please contact your
  local law enforcement authority or local health authority. [A
  customer may call the Department of State Health Services at
  (insert toll-free telephone number) to report an alleged injury
  regarding this tanning facility.]
  IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF AN
  ULTRAVIOLET LAMP OR SUNLAMP.
         (b)  A tanning facility operator shall also post a warning
  sign at each tanning device in a conspicuous location that is
  readily visible to a person about to use the device. [The executive
  commissioner by rule shall specify the size, design, and graphic
  design of the sign.] The sign must have dimensions of at least 11
  inches by 17 inches and must contain the following wording:
  DANGER: ULTRAVIOLET RADIATION
         1.  Follow the manufacturer's instructions for use of this
  device.
         2.  Avoid too frequent or lengthy exposure. As with natural
  sunlight, exposure can cause serious eye and skin injuries and
  allergic reactions. Repeated exposure may cause skin cancer.
         3.  Wear protective eyewear. Failure to use protective
  eyewear may result in severe burns or permanent damage to the eyes.
         4.  Do not sunbathe before or after exposure to ultraviolet
  radiation from sunlamps.
         5.  Medications or cosmetics may increase your sensitivity
  to ultraviolet radiation. Consult a physician before using a
  sunlamp if you are using medication, have a history of skin
  problems, or believe you are especially sensitive to sunlight.
  Pregnant women or women using oral contraceptives who use this
  product may develop discolored skin.
         A tanning facility operator who violates a law relating to
  the operation of a tanning facility is subject to a civil or
  criminal penalty.  If you suspect a violation, please contact your
  local law enforcement authority or local health authority. [A
  customer may call the Department of State Health Services at
  (insert toll-free telephone number) to report an alleged injury
  regarding this tanning device.]
  IF YOU DO NOT TAN IN THE SUN, YOU ARE UNLIKELY TO TAN FROM USE OF
  THIS DEVICE.
         SECTION 3.013.  Sections 145.008(i) and (j), Health and
  Safety Code, as amended by S.B. 219, Acts of the 84th Legislature,
  Regular Session, 2015, are amended to read as follows:
         (i)  A record of each customer using a tanning device shall
  be maintained at the tanning facility at least until the third
  anniversary of the date of the customer's last use of a tanning
  device.  [The executive commissioner by rule shall prescribe the
  form and content of the records.]  The record shall include:
               (1)  the date and time of the customer's use of a
  tanning device;
               (2)  the length of time the tanning device was used;
               (3)  any injury or illness resulting from the use of a
  tanning device;
               (4)  any written informed consent statement required to
  be signed under Subsection (e);
               (5)  the customer's skin type, as determined by the
  customer by using the Fitzpatrick scale for classifying a skin
  type;
               (6)  whether the customer has a family history of skin
  cancer; and
               (7)  whether the customer has a past medical history of
  skin cancer.
         (j)  An operator shall keep an incident log at each tanning
  facility. The log shall be maintained at the tanning facility at
  least until the third anniversary of the date of an incident. [The
  executive commissioner by rule shall prescribe the form and content
  of the log.] The log shall include each:
               (1)  alleged injury;
               (2)  use of a tanning device by a customer not wearing
  protective eyewear;
               (3)  mechanical problem with a tanning device; and
               (4)  customer complaint.
         SECTION 3.014.  Section 145.0096, Health and Safety Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (a-1) to read as follows:
         (a)  This section applies only to a business that:
               (1)  is operated under a license or permit as a sexually
  oriented business issued in accordance with Section 243.007, Local
  Government Code; or
               (2)  offers, as its primary business, a service or the
  sale, rental, or exhibition of a device or other item that is
  intended to provide sexual stimulation or sexual gratification to a
  customer.
         (a-1)  A business to which this section applies [described by
  Section 145.0095(a)(1) or (2)] may not use the word "tan" or
  "tanning" in a sign or any other form of advertising.
         (b)  A person commits an offense if the person violates
  Subsection (a-1) [(a)]. Except as provided by Subsection (c), an
  offense under this subsection is a Class C misdemeanor.
         SECTION 3.015.  The heading to Section 145.011, Health and
  Safety Code, is amended to read as follows:
         Sec. 145.011.  ACCESS TO RECORDS [RULES; INSPECTION].
         SECTION 3.016.  Section 145.011(c), Health and Safety Code,
  is amended to read as follows:
         (c)  A person who is required to maintain records under this
  chapter or a person in charge of the custody of those records shall,
  at the request of a [an authorized agent or] health authority,
  permit the [authorized agent or] health authority access to copy or
  verify the records at reasonable times.
         SECTION 3.017.  Sections 145.0121(a) and (f), Health and
  Safety Code, as amended by S.B. 219, Acts of the 84th Legislature,
  Regular Session, 2015, are amended to read as follows:
         (a)  If it appears that a person has violated or is violating
  this chapter [or an order issued or a rule adopted under this
  chapter], [the department may request] the attorney general, or the
  district, [or] county, [attorney] or [the] municipal attorney [of a
  municipality] in the jurisdiction where the violation is alleged to
  have occurred or may occur, may [to] institute a civil suit for:
               (1)  an order enjoining the violation;
               (2)  a permanent or temporary injunction, a temporary
  restraining order, or other appropriate remedy [if the department
  shows that the person has engaged in or is engaging in a violation];
               (3)  the assessment and recovery of a civil penalty; or
               (4)  both injunctive relief and a civil penalty.
         (f)  The [department or the] attorney general may [each]
  recover reasonable expenses incurred in obtaining injunctive
  relief or a civil penalty under this section, including
  investigation and court costs, reasonable attorney's fees, witness
  fees, and other expenses. [The expenses recovered by the
  department under this section shall be used for the administration
  and enforcement of this chapter.] The expenses recovered by the
  attorney general shall be used by the attorney general.
         SECTION 3.018.  Section 145.013(a), Health and Safety Code,
  is amended to read as follows:
         (a)  A person, other than a customer, commits an offense if
  the person violates this chapter [or a rule adopted under this
  chapter].
         SECTION 3.019.  Section 145.016(b), Health and Safety Code,
  is amended to read as follows:
         (b)  An operator or other person may disclose a customer
  record:
               (1)  if the customer, or a person authorized to act on
  behalf of the customer, requests the record;
               (2)  if a [the commissioner or an authorized agent or]
  health authority requests the record under Section 145.011;
               (3)  if the customer consents in writing to the
  disclosure to another person;
               (4)  in a criminal proceeding in which the customer is a
  victim, witness, or defendant;
               (5)  if the record is requested in a criminal or civil
  proceeding by court order or subpoena; or
               (6)  as otherwise required by law.
         SECTION 3.020.  Section 1001.071(b), Health and Safety Code,
  as redesignated by S.B. 219, Acts of the 84th Legislature, Regular
  Session, 2015, is amended to read as follows:
         (b)  The department is responsible for administering human
  services programs regarding the public health, including:
               (1)  implementing the state's public health care
  delivery programs under the authority of the department;
               (2)  administering state health facilities, hospitals,
  and health care systems;
               (3)  developing and providing health care services, as
  directed by law;
               (4)  providing for the prevention and control of
  communicable diseases;
               (5)  providing public education on health-related
  matters, as directed by law;
               (6)  compiling and reporting health-related
  information, as directed by law;
               (7)  acting as the lead agency for implementation of
  state policies regarding the human immunodeficiency virus and
  acquired immunodeficiency syndrome and administering programs
  related to the human immunodeficiency virus and acquired
  immunodeficiency syndrome;
               (8)  investigating the causes of injuries and methods
  of prevention;
               (9)  administering a grant program to provide
  appropriated money to counties, municipalities, public health
  districts, and other political subdivisions for their use to
  provide or pay for essential public health services;
               (10)  administering the registration of vital
  statistics;
               (11)  licensing, inspecting, and enforcing regulations
  regarding health facilities, other than long-term care facilities
  regulated by the Department of Aging and Disability Services;
               (12)  implementing established standards and
  procedures for the management and control of sanitation and for
  health protection measures;
               (13)  enforcing regulations regarding radioactive
  materials;
               (14)  enforcing regulations regarding food, [bottled
  and vended drinking water,] drugs, cosmetics, and health devices;
               (15)  enforcing regulations regarding food service
  establishments, retail food stores, mobile food units, and roadside
  food vendors;
               (16)  enforcing regulations controlling hazardous
  substances in households and workplaces; and
               (17)  implementing a mental health program for
  veterans.
         SECTION 3.021.  Section 32.074(a), Human Resources Code, is
  amended to read as follows:
         (a)  In this section, "personal emergency response system"
  has the meaning assigned by Section 1702.331, Occupations [781.001,
  Health and Safety] Code.
         SECTION 3.022.  Section 843.002(24), Insurance Code, is
  amended to read as follows:
               (24)  "Provider" means:
                     (A)  a person, other than a physician, who is
  licensed or otherwise authorized to provide a health care service
  in this state, including:
                           (i)  a chiropractor, registered nurse,
  pharmacist, optometrist, [registered optician,] or acupuncturist;
  or
                           (ii)  a pharmacy, hospital, or other
  institution or organization;
                     (B)  a person who is wholly owned or controlled by
  a provider or by a group of providers who are licensed or otherwise
  authorized to provide the same health care service; or
                     (C)  a person who is wholly owned or controlled by
  one or more hospitals and physicians, including a
  physician-hospital organization.
         SECTION 3.023.  Sections 351.005(a) and (d), Occupations
  Code, are amended to read as follows:
         (a)  This chapter does not:
               (1)  apply to an officer or agent of the United States
  or this state in performing official duties;
               (2)  prevent or interfere with the right of a physician
  licensed by the Texas [State Board of] Medical Board [Examiners]
  to:
                     (A)  treat or prescribe for a patient; or
                     (B)  direct or instruct a person under the
  physician's control, supervision, or direction to aid or attend to
  the needs of a patient according to the physician's specific
  direction, instruction, or prescription;
               (3)  prevent a person from selling ready-to-wear
  eyeglasses as merchandise at retail;
               (4)  prevent an unlicensed person from making simple
  repairs to eyeglasses;
               (5)  [prevent or interfere with the right of a
  dispensing optician registered under Chapter 352 to engage in
  spectacle or contact lens dispensing under that chapter;
               [(6)]  prevent an ophthalmic dispenser who does not
  practice optometry or therapeutic optometry from measuring
  interpupillary distances or making facial measurements to dispense
  or adapt an ophthalmic prescription, lens, product, or accessory in
  accordance with the specific directions of a written prescription
  signed by an optometrist, therapeutic optometrist, or licensed
  physician;
               (6) [(7)]  prevent the administrator or executor of the
  estate of a deceased optometrist or therapeutic optometrist from
  employing an optometrist or therapeutic optometrist to continue the
  practice of the deceased during estate administration; or
               (7) [(8)]  prevent an optometrist or therapeutic
  optometrist from working for the administrator or executor of the
  estate of a deceased optometrist or therapeutic optometrist to
  continue the practice of the deceased during estate administration.
         (d)  Continuation of the practice of a deceased optometrist
  or therapeutic optometrist by an estate under Subsections (a)(6)
  and (7) [(a)(7) and (8)] must:
               (1)  be authorized by the county judge; and
               (2)  terminate before the first anniversary of the date
  of death of the optometrist or therapeutic optometrist.
         SECTION 3.024.  Section 353.004, Occupations Code, as
  amended by S.B. 219, Acts of the 84th Legislature, Regular Session,
  2015, is amended to read as follows:
         Sec. 353.004.  PUBLIC INFORMATION ON PRESCRIPTION RELEASE.
  [(a)]  The [department and the] Texas Optometry Board shall prepare
  and provide to the public and appropriate state agencies
  information regarding the release and verification of contact lens
  prescriptions.
         [(b)     The executive commissioner may adopt rules necessary
  to implement this section.]
         SECTION 3.025.  Section 353.1015(b), Occupations Code, is
  amended to read as follows:
         (b)  A prescription is considered verified under this
  section if:
               (1)  the prescribing physician, optometrist, or
  therapeutic optometrist by a direct communication confirms that the
  prescription is accurate;
               (2)  the prescribing physician, optometrist, or
  therapeutic optometrist informs the person dispensing the contact
  lenses that the prescription is inaccurate and provides the correct
  prescription information; or
               (3)  the prescribing physician, optometrist, or
  therapeutic optometrist fails to communicate with the person
  dispensing the contact lenses not later than the eighth business
  hour after the prescribing physician, optometrist, or therapeutic
  optometrist receives from the person dispensing the contact lenses
  the request for verification [or within another similar period
  specified by rule].
         SECTION 3.026.  Section 353.103(a), Occupations Code, is
  amended to read as follows:
         (a)  If a patient presents a contact lens prescription to be
  filled or asks a person who dispenses contact lenses [permit
  holder] to verify a contact lens prescription under Section
  353.1015, but requests that fewer than the total number of lenses
  authorized by the prescription be dispensed, the person dispensing
  the lenses shall note on the prescription or verification:
               (1)  the number of lenses dispensed;
               (2)  the number of lenses that remain eligible to be
  dispensed under the prescription; and
               (3)  the name, address, and telephone number[, and
  license or permit number] of the person dispensing the lenses.
         SECTION 3.027.  Section 353.104(a), Occupations Code, is
  amended to read as follows:
         (a)  If a patient needs an emergency refill of the patient's
  contact lens prescription, a physician, optometrist, or
  therapeutic optometrist may telephone or fax the prescription to a
  person who dispenses [authorized to dispense] contact lenses [under
  Section 353.051] or may verify a prescription under Section
  353.1015.
         SECTION 3.028.  Section 353.151, Occupations Code, is
  amended to read as follows:
         Sec. 353.151.  DIRECTIONS FOR INDEPENDENT DISPENSER 
  [OPTICIAN]; DELEGATION. (a)  If a physician's directions,
  instructions, or orders are to be performed or a physician's
  prescription is to be filled by a person [an optician] who is
  independent of the physician's office, the directions,
  instructions, orders, or prescription must be:
               (1)  in writing or verified under Section 353.1015;
               (2)  of a scope and content and communicated to the
  person [optician] in a form and manner that, in the professional
  judgment of the physician, best serves the health, safety, and
  welfare of the physician's patient; and
               (3)  in a form and detail consistent with the person's 
  [optician's] skill and knowledge.
         (b)  A person who dispenses contact lenses [holds a contact
  lens dispensing permit issued under Subchapter B] may measure the
  eye or cornea and may evaluate the physical fit of lenses for a
  particular patient of a physician if the physician has delegated in
  writing those responsibilities regarding that patient to the person
  in accordance with Subsection (a) and Section 351.005.
         (c)  If a physician notes on a spectacle prescription "fit
  for contacts" or similar language and has, as required by
  Subsections (a) and (b), specifically delegated to a specific
  person [optician] the authority to make the additional measurements
  and evaluations necessary for a fully written contact lens
  prescription, the person [optician] may dispense contact lenses to
  the patient even though the prescription is less than a fully
  written contact lens prescription.
         SECTION 3.029.  The following provisions of the Government
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Section 2165.301(2);
               (2)  Section 2165.302; and
               (3)  Section 2165.304.
         SECTION 3.030.  The following provisions of the Health and
  Safety Code, including provisions amended by S.B. 219, Acts of the
  84th Legislature, Regular Session, 2015, are repealed:
               (1)  Section 144.001;
               (2)  Subchapter B, Chapter 144;
               (3)  Sections 144.023(d) and (e);
               (4)  Section 144.031;
               (5)  Subchapter D, Chapter 144;
               (6)  Subchapter E, Chapter 144;
               (7)  Subchapter F, Chapter 144;
               (8)  Section 144.071;
               (9)  Section 144.072;
               (10)  Section 144.073;
               (11)  Section 144.074;
               (12)  Section 144.075;
               (13)  Section 144.076;
               (14)  Section 144.077;
               (15)  Section 144.078(c);
               (16)  Section 144.080;
               (17)  Section 144.081;
               (18)  Section 144.082;
               (19)  Section 144.083;
               (20)  Section 144.084;
               (21)  Section 144.085;
               (22)  Section 145.001;
               (23)  Section 145.002(1);
               (24)  Section 145.004(b);
               (25)  Section 145.006(c);
               (26)  Section 145.008(k);
               (27)  Section 145.009;
               (28)  Section 145.0095;
               (29)  Section 145.010;
               (30)  Sections 145.011(a) and (b);
               (31)  Section 145.012;
               (32)  Section 145.0122;
               (33)  Section 145.015;
               (34)  Chapter 345;
               (35)  Chapter 385;
               (36)  Chapter 441; and
               (37)  Chapter 781.
         SECTION 3.031.  The following provisions of the Occupations
  Code, including provisions amended by S.B. 219, Acts of the 84th
  Legislature, Regular Session, 2015, are repealed:
               (1)  Section 351.005(c);
               (2)  Chapter 352;
               (3)  Sections 353.002(2) and (4);
               (4)  Section 353.005;
               (5)  Subchapter B, Chapter 353;
               (6)  Section 353.202;
               (7)  Section 353.2025;
               (8)  Section 353.203;
               (9)  Section 353.204(b); and
               (10)  Section 353.205.
         SECTION 3.032.  On the effective date of this Act, a license,
  permit, certification of registration, or other authorization
  issued under a law that is repealed by this article expires.
         SECTION 3.033.  The changes in law made by this article do
  not affect the validity of a disciplinary action or other
  proceeding that was initiated before the effective date of this Act
  and that is pending before a court or other governmental entity on
  the effective date of this Act.
         SECTION 3.034.  (a)  An offense under or other violation of
  a law that is repealed by this article is governed by the law in
  effect when the offense or violation was committed, and the former
  law is continued in effect for that purpose.
         (b)  For purposes of this section, an offense or violation
  was committed before the effective date of this Act if any element
  of the offense or violation occurred before that date.
         SECTION 3.035.  The repeal of a law by this article does not
  entitle a person to a refund of an application, licensing, or other
  fee paid by the person before the effective date of this Act.
  ARTICLE 4.  EFFECTIVE DATE
         SECTION 4.001.  (a)  Except as provided by Subsection (b) of
  this section, this Act takes effect September 1, 2015.
         (b)  Part 2 of Article 1 of this Act takes effect September 1,
  2017.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 202 passed the Senate on
  May 14, 2015, by the following vote:  Yeas 31, Nays 0;
  May 26, 2015, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2015, House
  granted request of the Senate; May 30, 2015, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 202 passed the House, with
  amendments, on May 25, 2015, by the following vote:  Yeas 143,
  Nays 1, one present not voting; May 27, 2015, House granted request
  of the Senate for appointment of Conference Committee;
  May 28, 2015, House adopted Conference Committee Report by the
  following vote:  Yeas 146, Nays 0, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor