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A BILL TO BE ENTITLED
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AN ACT
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relating to the licensing and regulation of the practice of |
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integrative medicine; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 3, Occupations Code, is |
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amended by adding Chapter 207 to read as follows: |
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CHAPTER 207. INTEGRATIVE MEDICINE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 207.001. SHORT TITLE. This chapter may be cited as the |
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Licensed Integrative Medicine Practitioner Act. |
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Sec. 207.002. DEFINITIONS. In this chapter: |
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(1) "Board" means the Texas Board of Integrative |
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Medicine. |
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(2) "Integrative medicine" means a medical system of |
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diagnosing, treating, or correcting real or imagined human |
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diseases, injuries, ailments, infirmities and deformities of a |
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physical or mental origin and includes acupuncture, chelation |
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therapy, homeopathy, minor surgery, and nonsurgical methods, the |
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use of devices, physical, electrical, hygienic, and sanitary |
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measures, and all forms of physical agents and modalities, |
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neuromuscular integration, nutrition, orthomolecular therapy, and |
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pharmaceutical medicine. |
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Sec. 207.003. APPLICABILITY; EXEMPTIONS. This chapter does |
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not apply to a physician licensed to practice medicine in this state |
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unless the physician is a licensed integrative medicine |
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practitioner. |
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Sec. 207.004. APPLICATION OF SUNSET ACT. The Texas Board of |
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Integrative Medicine is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the board is abolished and this chapter expires |
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September 1, 2023. |
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[Sections 207.005-207.050 reserved for expansion] |
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SUBCHAPTER B. TEXAS BOARD OF INTEGRATIVE MEDICINE |
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Sec. 207.051. BOARD; MEMBERSHIP. The Texas Board of |
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Integrative Medicine consists of nine members appointed by the |
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governor with the advice and consent of the senate as follows: |
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(1) six members who are physicians and who practice |
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integrative medicine; and |
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(2) three members who represent the public and are not |
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licensed or trained in a health care profession. |
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Sec. 207.052. PUBLIC MEMBER ELIGIBILITY. A person is not |
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eligible for appointment as a public member of the board if the |
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person or the person's spouse: |
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(1) is registered, certified, or licensed by an |
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occupational regulatory agency in the field of health care; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by the board or |
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receiving funds from the board; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by the board or receiving funds from the |
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board; or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or money from the board, other than compensation |
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or reimbursement authorized by law for board membership, |
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attendance, or expenses. |
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Sec. 207.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) |
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In this section, "Texas trade association" means a cooperative and |
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voluntarily joined association of business or professional |
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competitors in this state designed to assist its members and its |
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industry or profession in dealing with mutual business or |
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professional problems and in promoting their common interest. |
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(b) A person may not be a member of the board employed in a |
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"bona fide executive, administrative, or professional capacity," |
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as that phrase is used for purposes of establishing an exemption to |
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|
the overtime provisions of the federal Fair Labor Standards Act of |
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1938 (29 U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, employee, manager, or |
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|
paid consultant of a Texas trade association in the field of health |
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|
care; or |
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(2) the person's spouse is an officer, board member, |
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|
employee, or paid consultant of a Texas trade association in the |
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|
field of health care. |
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(c) A person may not be a member of the board if the person |
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|
is required to register as a lobbyist under Chapter 305, Government |
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|
Code, because of the person's activities for compensation on behalf |
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of a profession related to the operation of the board. |
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Sec. 207.054. MEMBERSHIP REQUIREMENTS. Each member of the |
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board must be a citizen of the United States and a resident of this |
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state. Each physician member of the board must be licensed to |
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practice medicine in this state. |
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Sec. 207.055. TERMS; VACANCIES. (a) Members of the board |
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serve staggered six-year terms. The terms of three members expire |
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on January 31 of each odd-numbered year. |
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(b) If a vacancy occurs during a member's term, the governor |
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shall appoint a new member to serve the unexpired term. |
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Sec. 207.056. OFFICERS; MEETINGS. (a) The board shall hold |
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an open annual meeting and elect a presiding officer and secretary |
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from among its members. |
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(b) The board may hold additional meetings as necessary |
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provided that notice of each meeting is given to each member not |
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less than 10 days before the date of the meeting. |
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Sec. 207.057. APPLICABILITY OF OTHER LAW. (a) Chapter |
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|
2110, Government Code, does not apply to the board. |
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(b) Except as otherwise provided by this chapter, the board |
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is subject to Chapters 551 and 2001, Government Code. |
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Sec. 207.058. GROUNDS FOR REMOVAL. (a) It is a ground for |
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removal from the board that a member: |
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(1) does not have at the time of taking office the |
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|
qualifications required by Sections 207.051, 207.052, and 207.054; |
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|
(2) does not maintain during service on the board the |
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|
qualifications required by Sections 207.051, 207.052, and 207.054; |
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(3) is ineligible for membership under Section |
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207.053; |
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(4) cannot, because of illness or disability, |
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|
discharge the member's duties for a substantial part of the member's |
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|
term; or |
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(5) is absent from more than half of the regularly |
|
|
scheduled board meetings that the member is eligible to attend |
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|
during a calendar year without an excuse approved by a majority vote |
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|
of the board. |
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(b) The validity of an action of the board is not affected by |
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|
the fact that it is taken when a ground for removal of a board member |
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|
exists. |
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(c) If the executive director of the board has knowledge |
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|
that a potential ground for removal of a board member exists, the |
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|
executive director shall notify the presiding officer of the board |
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|
of the potential ground. The presiding officer shall then notify |
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|
the governor and the attorney general that a potential ground for |
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|
removal exists. If the potential ground for removal involves the |
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|
presiding officer, the executive director shall notify the next |
|
|
highest officer of the board, who shall notify the governor and the |
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attorney general that a potential ground for removal exists. |
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Sec. 207.059. TRAINING. (a) A person who is appointed to |
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and qualifies for office as a member of the board may not vote, |
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|
deliberate, or be counted as a member in attendance at a meeting of |
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the board until the person completes a training program that |
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complies with this section. |
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(b) The training program must provide the person with |
|
|
information regarding: |
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|
(1) this chapter; |
|
|
(2) the requirements of laws relating to open |
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|
meetings, public information, administrative procedure, and |
|
|
conflict of interest; and |
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|
(3) any applicable ethics policies adopted by the |
|
|
board or the Texas Ethics Commission. |
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|
(c) A person appointed to the board is entitled to |
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|
reimbursement, as provided by the General Appropriations Act, for |
|
|
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. |
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Sec. 207.060. COMPENSATION; REIMBURSEMENT. A board member |
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may not receive compensation for service on the board but is |
|
|
entitled to receive reimbursement under the General Appropriations |
|
|
Act for transportation and related expenses incurred while |
|
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conducting board business. |
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[Sections 207.061-207.100 reserved for expansion] |
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SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL |
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Sec. 207.101. EXECUTIVE DIRECTOR; DUTIES REGARDING MONEY. |
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(a) The board may employ an executive director to conduct the |
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|
affairs of the board under the board's direction. The executive |
|
|
director shall receive a salary in an amount determined by the |
|
|
board. |
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(b) The executive director shall receive and account for any |
|
|
money derived, including any fee collected, under this chapter. |
|
|
Sec. 207.102. PERSONNEL. (a) The board shall employ |
|
|
clerical or other assistants as necessary to perform the board's |
|
|
work. |
|
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(b) A salary paid under this section may not exceed the |
|
|
salary paid for similar work in other departments. |
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|
Sec. 207.103. CAREER LADDER PROGRAM; PERFORMANCE |
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EVALUATIONS. (a) The executive director or the executive |
|
|
director's designee shall develop an intra-agency career ladder |
|
|
program. The program must require intra-agency posting of each |
|
|
nonentry level position with the board at least 10 days before the |
|
|
date of any public posting. |
|
|
(b) The executive director or the executive director's |
|
|
designee shall develop a system of annual performance evaluations |
|
|
of the board's employees based on measurable job tasks. All merit |
|
|
pay authorized by the executive director must be based on the system |
|
|
established under this subsection. |
|
|
Sec. 207.104. DIVISION OF RESPONSIBILITIES. The board |
|
|
shall develop and implement policies that clearly separate the |
|
|
policy-making responsibilities of the board and the management |
|
|
responsibilities of the executive director and the staff of the |
|
|
board. |
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Sec. 207.105. QUALIFICATIONS AND STANDARDS OF CONDUCT |
|
|
INFORMATION. The executive director or the executive director's |
|
|
designee shall provide to members of the board and to board |
|
|
employees, as often as necessary, information regarding the |
|
|
requirements for office or employment under this chapter, including |
|
|
information regarding a person's responsibilities under applicable |
|
|
laws relating to standards of conduct for state officers or |
|
|
employees. |
|
|
Sec. 207.106. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. |
|
|
(a) The executive director or the executive director's designee |
|
|
shall prepare and maintain a written policy statement that |
|
|
implements a program of equal employment opportunity to ensure that |
|
|
all personnel decisions are made without regard to race, color, |
|
|
disability, sex, religion, age, or national origin. |
|
|
(b) The policy statement must include: |
|
|
(1) personnel policies, including policies relating |
|
|
to recruitment, evaluation, selection, training, and promotion of |
|
|
personnel, that show the intent of the board to avoid the unlawful |
|
|
employment practices described by Chapter 21, Labor Code; and |
|
|
(2) an analysis of the extent to which the composition |
|
|
of the board's personnel is in accordance with state and federal law |
|
|
and a description of reasonable methods to achieve compliance with |
|
|
state and federal law. |
|
|
(c) The policy statement must: |
|
|
(1) be updated annually; |
|
|
(2) be reviewed by the civil rights division of the |
|
|
Texas Workforce Commission for compliance with Subsection (b)(1); |
|
|
and |
|
|
(3) be filed with the governor. |
|
|
[Sections 207.107-207.150 reserved for expansion] |
|
|
SUBCHAPTER D. POWERS AND DUTIES OF BOARD |
|
|
Sec. 207.151. GENERAL POWERS AND DUTIES OF BOARD. The board |
|
|
shall: |
|
|
(1) establish qualifications for integrative medicine |
|
|
practitioners in this state; |
|
|
(2) establish the examination requirements for |
|
|
issuance of a licensed integrative medicine practitioner license; |
|
|
(3) establish minimum education and training |
|
|
requirements necessary for issuance of a licensed integrative |
|
|
medicine practitioner license; |
|
|
(4) prescribe the application form for issuance of a |
|
|
licensed integrative medicine practitioner license; |
|
|
(5) develop an approved program of mandatory |
|
|
continuing education for licensed integrative medicine |
|
|
practitioners and the manner in which attendance at all approved |
|
|
courses, clinics, forums, lectures, programs, or seminars is |
|
|
monitored and recorded; |
|
|
(6) adopt rules that are reasonable and necessary for |
|
|
the performance of the board's duties under this chapter, as |
|
|
provided by Chapter 2001, Government Code, including rules to |
|
|
establish: |
|
|
(A) licensing and other fees; |
|
|
(B) license renewal dates; and |
|
|
(C) procedures for disciplinary actions; |
|
|
(7) review and approve or reject each application for |
|
|
the issuance or renewal of a license; |
|
|
(8) issue each license; |
|
|
(9) deny, suspend, or revoke a license or otherwise |
|
|
discipline a license holder; and |
|
|
(10) take any action necessary to carry out the |
|
|
functions and duties of the board under this chapter. |
|
|
Sec. 207.152. RULES RESTRICTING ADVERTISING OR COMPETITIVE |
|
|
BIDDING. (a) The board by rule shall prescribe standards for |
|
|
compliance with Subchapter A, Chapter 2254, Government Code. |
|
|
(b) Except as provided by Subsection (a), the board may not |
|
|
adopt rules restricting advertising or competitive bidding by a |
|
|
license holder except to prohibit false, misleading, or deceptive |
|
|
practices. |
|
|
(c) In its rules to prohibit false, misleading, or deceptive |
|
|
practices, the 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. |
|
|
Sec. 207.153. STANDARDS OF CONDUCT AND ETHICS. The board |
|
|
may establish standards of conduct and ethics for license holders |
|
|
in keeping with the purposes and intent of this chapter and to |
|
|
ensure strict compliance with and enforcement of this chapter. |
|
|
Sec. 207.154. CONTINUING EDUCATION PROGRAMS. The board |
|
|
shall recognize, prepare, or administer continuing education |
|
|
programs for its license holders. A license holder must |
|
|
participate in the programs to the extent required by the board to |
|
|
keep the person's license. |
|
|
Sec. 207.155. RECORDS. (a) The board shall maintain a |
|
|
record of its proceedings. |
|
|
(b) The board's records shall be available to the public at |
|
|
all times. |
|
|
(c) The board's records are prima facie evidence of the |
|
|
proceedings of the board set forth in the records. A transcript of |
|
|
the records certified by the secretary of the board under seal is |
|
|
admissible in evidence with the same effect as if it were the |
|
|
original. |
|
|
Sec. 207.156. CONFIDENTIALITY OF CERTAIN INFORMATION |
|
|
RELATED TO LICENSE APPLICATION. (a) A statement made by a person |
|
|
providing a reference for an applicant and other pertinent |
|
|
information compiled by or submitted to the board relating to an |
|
|
applicant for a license under this chapter is privileged and |
|
|
confidential. |
|
|
(b) Information described by Subsection (a) may be used only |
|
|
by the board or its employees or agents who are directly involved in |
|
|
the application or licensing process. The information is not |
|
|
subject to discovery, subpoena, or other disclosure. |
|
|
Sec. 207.157. SUBPOENA. (a) The board may request and, if |
|
|
necessary, compel by subpoena: |
|
|
(1) the attendance of a witness for examination under |
|
|
oath; and |
|
|
(2) the production for inspection or copying of |
|
|
records, documents, and other evidence relevant to the |
|
|
investigation of an alleged violation of this chapter. |
|
|
(b) The board, acting through the attorney general, may |
|
|
bring an action to enforce a subpoena issued under Subsection (a) |
|
|
against a person who fails to comply with the subpoena. |
|
|
(c) Venue for an action brought under Subsection (b) is in a |
|
|
district court in: |
|
|
(1) Travis County; or |
|
|
(2) the county in which the board may hold a hearing. |
|
|
(d) The court shall order compliance with the subpoena if |
|
|
the court finds that good cause exists to issue the subpoena. |
|
|
Sec. 207.158. TECHNOLOGY POLICY. The board shall develop |
|
|
and implement a policy requiring the executive director and board |
|
|
employees to research and propose appropriate technological |
|
|
solutions to improve the board's ability to perform its functions. |
|
|
The technological solutions must: |
|
|
(1) ensure that the public is able to find information |
|
|
about the board on the Internet; |
|
|
(2) ensure that persons who want to use the board's |
|
|
services are able to: |
|
|
(A) interact with the board through the Internet; |
|
|
and |
|
|
(B) access any service that can be provided |
|
|
effectively through the Internet; and |
|
|
(3) be cost-effective and developed through the |
|
|
board's planning processes. |
|
|
Sec. 207.159. NEGOTIATED RULEMAKING AND ALTERNATIVE |
|
|
DISPUTE RESOLUTION POLICY. (a) The board shall develop and |
|
|
implement a policy to encourage the use of: |
|
|
(1) negotiated rulemaking procedures under Chapter |
|
|
2008, Government Code, for the adoption of board rules; and |
|
|
(2) appropriate alternative dispute resolution |
|
|
procedures under Chapter 2009, Government Code, to assist in the |
|
|
resolution of internal and external disputes under the board's |
|
|
jurisdiction. |
|
|
(b) The board's procedures relating to alternative dispute |
|
|
resolution must conform, to the extent possible, to any model |
|
|
guidelines issued by the State Office of Administrative Hearings |
|
|
for the use of alternative dispute resolution by state agencies. |
|
|
(c) The board shall designate a trained person to: |
|
|
(1) coordinate the implementation of the policy |
|
|
adopted under Subsection (a); |
|
|
(2) serve as a resource for any training needed to |
|
|
implement the procedures for negotiated rulemaking or alternative |
|
|
dispute resolution; and |
|
|
(3) collect data concerning the effectiveness of those |
|
|
procedures, as implemented by the board. |
|
|
[Sections 207.160-207.200 reserved for expansion] |
|
|
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES |
|
|
Sec. 207.201. PUBLIC INTEREST INFORMATION. (a) The board |
|
|
shall prepare information of public interest describing the |
|
|
functions of the board and the procedures by which complaints are |
|
|
filed with and resolved by the board. |
|
|
(b) The board shall make the information available to the |
|
|
public and appropriate state agencies. |
|
|
Sec. 207.202. PUBLIC PARTICIPATION. (a) The board shall |
|
|
develop and implement policies that provide the public with a |
|
|
reasonable opportunity to appear before the board and to speak on |
|
|
any issue under the board's jurisdiction. |
|
|
(b) The board shall prepare and maintain a written plan that |
|
|
describes how a person who does not speak English may be provided |
|
|
reasonable access to the board's programs. |
|
|
Sec. 207.203. COMPLAINTS. (a) The board by rule shall |
|
|
establish methods by which consumers and service recipients are |
|
|
notified of the name, mailing address, and telephone number of the |
|
|
board for the purpose of directing complaints to the board. The |
|
|
board may provide for that notice: |
|
|
(1) on each registration form, application, or written |
|
|
contract for services of a person regulated by the board; or |
|
|
(2) on a sign prominently displayed in the place of |
|
|
business of each person regulated by the board. |
|
|
(b) The 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. |
|
|
Sec. 207.204. RECORDS OF COMPLAINTS. (a) The board shall |
|
|
keep an information file about each complaint filed with the board. |
|
|
The board's information file must be kept current and contain a |
|
|
record for each complaint of: |
|
|
(1) each person contacted in relation to the |
|
|
complaint; |
|
|
(2) a summary of findings made at each step of the |
|
|
complaint process; |
|
|
(3) an explanation of the legal basis and reason for a |
|
|
complaint that is dismissed; |
|
|
(4) the schedule required under Section 207.205 and a |
|
|
notification of any change in the schedule; and |
|
|
(5) other relevant information. |
|
|
(b) Except as provided by Subsection (c), if a written |
|
|
complaint is filed with the board that the board has authority to |
|
|
resolve, the board, at least quarterly and until final disposition |
|
|
of the complaint, shall notify the parties to the complaint of the |
|
|
status of the complaint unless the notice would jeopardize an |
|
|
undercover investigation. |
|
|
(c) If a written complaint that the board has authority to |
|
|
resolve is referred to the enforcement committee, the board at |
|
|
least semiannually and until final disposition of the complaint, |
|
|
shall notify the parties to the complaint of the status of the |
|
|
complaint unless the notice would jeopardize an undercover |
|
|
investigation. |
|
|
Sec. 207.205. GENERAL RULES REGARDING COMPLAINT |
|
|
INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules |
|
|
concerning the investigation of a complaint filed with the |
|
|
board. The rules adopted under this section must: |
|
|
(1) distinguish between categories of complaints; |
|
|
(2) require the board to prioritize complaints for |
|
|
purposes of determining the order in which they are investigated, |
|
|
taking into account the seriousness of the allegations made in a |
|
|
complaint and the length of time a complaint has been pending; |
|
|
(3) ensure that a complaint is not dismissed without |
|
|
appropriate consideration; |
|
|
(4) 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 complaint; |
|
|
(5) ensure that the person who filed the complaint has |
|
|
the opportunity to explain the allegations made in the complaint; |
|
|
and |
|
|
(6) prescribe guidelines concerning the categories of |
|
|
complaints that require the use of a private investigator and the |
|
|
procedures for the board to obtain the services of a private |
|
|
investigator. |
|
|
(b) The board shall: |
|
|
(1) dispose of a complaint in a timely manner; and |
|
|
(2) establish a schedule for conducting each phase of |
|
|
the complaint process that is under the control of the board not |
|
|
later than the 30th day after the date the board receives the |
|
|
complaint. |
|
|
(c) The board shall notify the parties to the complaint of |
|
|
the projected time requirements for pursuing the complaint. |
|
|
(d) The board shall notify the parties to the complaint of |
|
|
any change in the schedule not later than the seventh day after the |
|
|
date the change is made. |
|
|
(e) The executive director shall notify the board of a |
|
|
complaint that is unresolved after the time prescribed by the board |
|
|
for resolving the complaint so that the board may take necessary |
|
|
action on the complaint. |
|
|
Sec. 207.206. CONFIDENTIALITY OF INVESTIGATION FILES. (a) |
|
|
The board's investigation files are confidential, privileged, and |
|
|
not subject to discovery, subpoena, or any other means of legal |
|
|
compulsion for release other than to the board or an employee or |
|
|
agent of the board. |
|
|
(b) The board shall share information in investigation |
|
|
files, on request, with another state or federal regulatory agency |
|
|
or with a local, state, or federal law enforcement agency |
|
|
regardless of whether the investigation has been completed. The |
|
|
board is not required to disclose under this subsection information |
|
|
that is an attorney-client communication, an attorney work product, |
|
|
or other information protected by a privilege recognized by the |
|
|
Texas Rules of Civil Procedure or the Texas Rules of Evidence. |
|
|
(c) On the completion of the investigation and before a |
|
|
hearing under Section 207.302, the board shall provide to the |
|
|
license holder, subject to any other privilege or restriction set |
|
|
forth by rule, statute, or legal precedent, access to all |
|
|
information in the board's possession that the board intends to |
|
|
offer into evidence in presenting its case in chief at the contested |
|
|
case hearing on the complaint. The board is not required to |
|
|
provide: |
|
|
(1) a board investigative report or memorandum; |
|
|
(2) the identity of a nontestifying complainant; or |
|
|
(3) attorney-client communications, attorney work |
|
|
product, or other materials covered by a privilege recognized by |
|
|
the Texas Rules of Civil Procedure or the Texas Rules of Evidence. |
|
|
(d) Notwithstanding Subsection (a), the board may: |
|
|
(1) disclose a complaint to the affected license |
|
|
holder; and |
|
|
(2) provide to a complainant the license holder's |
|
|
response to the complaint, if providing the response is considered |
|
|
by the board to be necessary to investigate the complaint. |
|
|
(e) This section does not prohibit the board or another |
|
|
party in a disciplinary action from offering into evidence in a |
|
|
contested case under Chapter 2001, Government Code, a record, |
|
|
document, or other information obtained or created during an |
|
|
investigation. |
|
|
Sec. 207.207. INSPECTIONS. (a) The board, during |
|
|
reasonable business hours, may: |
|
|
(1) conduct an on-site inspection of an integrative |
|
|
medicine office or facility to investigate a complaint filed with |
|
|
the board; and |
|
|
(2) examine and copy records of the integrative |
|
|
medicine office or facility pertinent to the inspection or |
|
|
investigation. |
|
|
(b) The board is not required to provide notice before |
|
|
conducting an inspection under this section. |
|
|
[Sections 207.208-207.250 reserved for expansion] |
|
|
SUBCHAPTER F. LICENSE REQUIREMENTS; RENEWALS |
|
|
Sec. 207.251. LICENSE REQUIRED. A person may not engage in |
|
|
the practice of integrative medicine in this state unless the |
|
|
person holds a license issued under this chapter. |
|
|
Sec. 207.252. ISSUANCE OF LICENSE. The board shall issue a |
|
|
license to an applicant who: |
|
|
(1) meets the eligibility requirements of Section |
|
|
207.253; |
|
|
(2) submits an application on a form prescribed by the |
|
|
board; |
|
|
(3) pays the required application fee; and |
|
|
(4) submits to the board any other information the |
|
|
board considers necessary to evaluate the applicant's |
|
|
qualifications. |
|
|
Sec. 207.253. ELIGIBILITY REQUIREMENTS. To be eligible for |
|
|
a license under this chapter, an applicant must: |
|
|
(1) successfully complete an educational program |
|
|
approved by the board; |
|
|
(2) pass an examination approved by the board; |
|
|
(3) be of good moral character; and |
|
|
(4) meet any other requirement established by board |
|
|
rule. |
|
|
Sec. 207.254. LICENSE RENEWAL. (a) On notification from |
|
|
the board, a person who holds a license under this chapter may renew |
|
|
the license by: |
|
|
(1) paying the required renewal fee; |
|
|
(2) submitting the appropriate form; and |
|
|
(3) meeting any other requirement established by board |
|
|
rule. |
|
|
(b) The board by rule may adopt a system under which |
|
|
licenses expire on various dates during the year. |
|
|
(c) A person who is otherwise eligible to renew a license |
|
|
may renew an unexpired license by paying the required renewal fee to |
|
|
the board before the expiration date of the license. A person whose |
|
|
license has expired may not engage in activities that require a |
|
|
license until the license has been renewed. |
|
|
(d) A person whose license has been expired for 90 days or |
|
|
less may renew the license by paying to the board a fee that is equal |
|
|
to 1-1/2 times the renewal fee for the license. |
|
|
(e) A person whose license has been expired for more than 90 |
|
|
days but less than one year may renew the license by paying to the |
|
|
board a fee equal to two times the renewal fee for the license. |
|
|
Sec. 207.255. INACTIVE STATUS. (a) A person licensed under |
|
|
this chapter may place the person's license on inactive status by |
|
|
applying to the board. A person whose license is on inactive status |
|
|
is not required to pay renewal fees for the license. |
|
|
(b) The holder of a license on inactive status may not |
|
|
engage in the practice of integrative medicine. A violation of this |
|
|
subsection is considered to be practicing without a license. |
|
|
(c) A person whose license is on inactive status under this |
|
|
section may return the person's license to active status by: |
|
|
(1) applying to the board; |
|
|
(2) paying the fee established by the board for |
|
|
returning a license to active status; and |
|
|
(3) satisfying any other requirements established by |
|
|
the board. |
|
|
(d) The board by rule shall establish a limit on the length |
|
|
of time a license holder's license may remain on inactive status. |
|
|
[Sections 207.256-207.300 reserved for expansion] |
|
|
SUBCHAPTER G. LICENSE DENIAL OR DISCIPLINARY PROCEDURES |
|
|
Sec. 207.301. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY |
|
|
ACTION. The board 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) violates a rule adopted by the board; |
|
|
(3) engages in unprofessional conduct as defined by |
|
|
board rule that endangers or is likely to endanger the health, |
|
|
welfare, or safety of the public; or |
|
|
(4) violates this chapter. |
|
|
Sec. 207.302. HEARING ON DENIAL OR DISCIPLINARY ACTION. (a) |
|
|
A person whose application for a license is denied, whose license is |
|
|
suspended or revoked, or who has been reprimanded is entitled to a |
|
|
hearing before the State Office of Administrative Hearings if the |
|
|
person submits a written request to the board. |
|
|
(b) A hearing under this subchapter is a contested case |
|
|
under Chapter 2001, Government Code. |
|
|
Sec. 207.303. PROBATION. The board may place on probation a |
|
|
person whose license is suspended. If a license suspension is |
|
|
probated, the board may require the person to: |
|
|
(1) report regularly to the board on matters that are |
|
|
the basis of the probation; |
|
|
(2) limit practice to the areas prescribed by the |
|
|
board; or |
|
|
(3) continue or review professional education until |
|
|
the person attains a degree of skill satisfactory to the board in |
|
|
those areas that are the basis of the probation. |
|
|
Sec. 207.304. EMERGENCY SUSPENSION. (a) The board shall |
|
|
temporarily suspend the license of a license holder if the board |
|
|
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. |
|
|
(b) A license 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 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) 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. |
|
|
[Sections 207.305-207.350 reserved for expansion] |
|
|
SUBCHAPTER H. ADMINISTRATIVE PENALTY |
|
|
Sec. 207.351. IMPOSITION OF PENALTY. The board may impose |
|
|
an administrative penalty against a person who violates this |
|
|
chapter or a rule adopted under this chapter. |
|
|
Sec. 207.352. AMOUNT OF PENALTY. (a) The amount of the |
|
|
administrative penalty may not exceed $1,000 for each violation. |
|
|
Each day of a continuing violation is a separate violation. |
|
|
(b) The amount of the penalty shall be based on: |
|
|
(1) the seriousness of the violation; |
|
|
(2) the history of previous violations; |
|
|
(3) the amount necessary to deter a future violation; |
|
|
(4) efforts made to correct the violation; and |
|
|
(5) any other matter that justice may require. |
|
|
Sec. 207.353. NOTICE OF VIOLATION AND PENALTY. (a) If, |
|
|
after investigating a possible violation and the facts surrounding |
|
|
that possible violation, the board determines that a violation |
|
|
occurred, the board shall give written notice of the violation to |
|
|
the person alleged to have committed the violation. |
|
|
(b) The notice must: |
|
|
(1) include a brief summary of the alleged violation; |
|
|
(2) state the amount of the proposed administrative |
|
|
penalty; 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. |
|
|
Sec. 207.354. PENALTY TO BE PAID OR HEARING REQUESTED. (a) |
|
|
Not later than the 30th day after the date the person receives the |
|
|
notice, the person may: |
|
|
(1) accept the board'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 board's determination, the |
|
|
board by order shall approve the determination and impose the |
|
|
proposed penalty. |
|
|
Sec. 207.355. HEARING. (a) If the person timely requests a |
|
|
hearing, the board shall: |
|
|
(1) set a hearing; and |
|
|
(2) give written notice of the hearing to the person. |
|
|
(b) A hearing under this subchapter shall be conducted by |
|
|
the State Office of Administrative Hearings. |
|
|
(c) The administrative law judge shall make findings of fact |
|
|
and conclusions of law and promptly issue to the board a proposal |
|
|
for decision regarding the occurrence of the violation and the |
|
|
amount of any proposed administrative penalty. |
|
|
Sec. 207.356. DECISION BY BOARD. (a) Based on the findings |
|
|
of fact and conclusions of law and the recommendations of the |
|
|
administrative law judge, the board 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 board 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. |
|
|
Sec. 207.357. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. |
|
|
(a) Not later than the 30th day after the date on which the order |
|
|
becomes final, the person shall: |
|
|
(1) pay the administrative penalty; |
|
|
(2) pay the penalty and file a petition for judicial |
|
|
review contesting the occurrence of the violation, the amount of |
|
|
the penalty, or both; or |
|
|
(3) without paying the penalty, 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 following the date on which the |
|
|
order becomes final, 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 board by |
|
|
certified mail. |
|
|
(c) If the board receives a copy of an affidavit as provided |
|
|
by Subsection (b)(2), the board may file with the court a contest to |
|
|
the affidavit not later than the fifth day after the date the copy |
|
|
is received. |
|
|
(d) 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 and to give a |
|
|
supersedeas bond. |
|
|
Sec. 207.358. COLLECTION OF PENALTY. If the person does not |
|
|
pay the administrative penalty and the enforcement of the penalty |
|
|
is not stayed, the board may refer the matter to the attorney |
|
|
general for collection. |
|
|
Sec. 207.359. DETERMINATION BY COURT. (a) If the court |
|
|
sustains the determination that a violation occurred, the court may |
|
|
uphold or reduce the amount of the administrative penalty and order |
|
|
the person to pay the full or reduced amount. |
|
|
(b) If the court does not sustain the determination that a |
|
|
violation occurred, the court shall order that a penalty is not |
|
|
owed. |
|
|
Sec. 207.360. REMITTANCE OF PENALTY AND INTEREST. (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 board if the person paid |
|
|
the penalty under Section 207.357(a)(2); or |
|
|
(2) if the person paid the penalty under Section |
|
|
207.357(b)(1)(A) or posted a supersedeas bond, order the board 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. |
|
|
(b) The interest paid under Subsection (a)(1) is accrued at |
|
|
the rate charged on loans to depository institutions by the New York |
|
|
Federal Reserve Bank. The interest shall be paid for the period |
|
|
beginning on the date the penalty is paid and ending on the date the |
|
|
penalty is remitted. |
|
|
Sec. 207.361. ADMINISTRATIVE PROCEDURE. A proceeding under |
|
|
this subchapter is subject to Chapter 2001, Government Code. |
|
|
[Sections 207.362-207.400 reserved for expansion] |
|
|
SUBCHAPTER I. OTHER PENALTIES AND ENFORCEMENT PROVISIONS |
|
|
Sec. 207.401. INJUNCTIVE RELIEF. (a) The board may |
|
|
institute in the board's name an action to restrain a violation of |
|
|
this chapter. An action under this subsection is in addition to any |
|
|
other action authorized by law. |
|
|
(b) The state may sue for an injunction to restrain the |
|
|
practice of integrative medicine in violation of this chapter. |
|
|
(c) The state shall be represented in suits for injunction |
|
|
by: |
|
|
(1) the attorney general; |
|
|
(2) the district attorney of the district in which the |
|
|
defendant resides; or |
|
|
(3) the county attorney of the county in which the |
|
|
defendant resides. |
|
|
(d) A suit for injunction under Subsection (b) may not be |
|
|
filed before the final conviction for a violation of this chapter of |
|
|
the party sought to be enjoined. |
|
|
(e) The state is not required to show that a person is |
|
|
personally injured by the defendant's unlawful practice of |
|
|
integrative medicine. |
|
|
(f) A court may not grant a temporary or permanent |
|
|
injunction until a hearing of the complaint on its merits. A court |
|
|
may not issue an injunction or restraining order until the final |
|
|
trial and final judgment on the merits of the suit. |
|
|
(g) If the defendant is shown to have been unlawfully |
|
|
practicing integrative medicine or to have been about to unlawfully |
|
|
practice integrative medicine, the court shall perpetually enjoin |
|
|
the defendant from practicing integrative medicine in the manner |
|
|
that was the subject of the suit. |
|
|
(h) A defendant who disobeys the injunction is subject to |
|
|
the penalties provided by law for the violation of an injunction. |
|
|
The remedy by injunction is in addition to a criminal prosecution. |
|
|
(i) A suit for injunction under this section shall be |
|
|
advanced for trial on the docket of the trial court and advanced and |
|
|
tried in the appellate courts in the same manner as other suits for |
|
|
injunction. |
|
|
Sec. 207.402. CEASE AND DESIST ORDER. (a) If it appears to |
|
|
the board that a person is engaging in an act or practice that |
|
|
constitutes the practice of integrative medicine without a license |
|
|
or registration under this chapter, the board, after notice and |
|
|
opportunity for a hearing, may issue a cease and desist order |
|
|
prohibiting the person from engaging in that activity. |
|
|
(b) A violation of an order under this section constitutes |
|
|
grounds for imposing an administrative penalty under Subchapter H. |
|
|
Sec. 207.403. CIVIL PENALTY. (a) A person who violates |
|
|
this chapter or a rule adopted by the board under this chapter is |
|
|
liable to the state for a civil penalty of $1,000 for each day of |
|
|
violation. |
|
|
(b) At the request of the board, the attorney general shall |
|
|
bring an action to recover a civil penalty authorized by this |
|
|
section. |
|
|
Sec. 207.404. CRIMINAL PENALTY. A person commits an |
|
|
offense if the person violates this chapter. An offense under this |
|
|
section is a misdemeanor punishable by a fine of not less than $50 |
|
|
or more than $500 or by confinement in the county jail for not more |
|
|
than 30 days. |
|
|
SECTION 2. As soon as practicable after the effective date |
|
|
of this Act, the governor shall appoint nine members to the Texas |
|
|
Board of Integrative Medicine in accordance with Chapter 207, |
|
|
Occupations Code, as added by this Act. In making the initial |
|
|
appointments, the governor shall designate three members for terms |
|
|
expiring January 31, 2013, three members for terms expiring January |
|
|
31, 2015, and three members for terms expiring January 31, 2017. |
|
|
SECTION 3. Not later than June 1, 2012, the Texas Board of |
|
|
Integrative Medicine shall adopt the rules, procedures, and fees |
|
|
necessary to administer Chapter 207, Occupations Code, as added by |
|
|
this Act. |
|
|
SECTION 4. Notwithstanding Chapter 207, Occupations Code, |
|
|
as added by this Act, a practitioner of integrative medicine is not |
|
|
required to hold a license under that chapter to practice |
|
|
integrative medicine in this state before September 1, 2012. |
|
|
SECTION 5. (a) Except as provided by Subsection (b) of this |
|
|
section, this Act takes effect September 1, 2011. |
|
|
(b) Section 207.251 and Subchapters G, H, and I, Chapter |
|
|
207, Occupations Code, as added by this Act, take effect September |
|
|
1, 2012. |