HBA-MPM H.B. 2837 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2837
By: Dukes
Public Health
4/4/2001
Introduced


BACKGROUND AND PURPOSE 

Kinesiotherapy is the treatment of the effects of chronic disease and
injury through the use of therapeutic exercise and education by a
kinesiotherapist.  By assessing the natural movements and functions of
persons affected by a disease or injury and comparing them to the natural
movements of a healthy human body, a kinesiotherapist may optimize an
individual's existing physical abilities and restore impaired physical
abilities through regimented education and exercise. Currently, there is no
regulatory body for kinesiotherapists practicing in the state of Texas.
House Bill 2837 establishes the Texas State Board of Examiners of
Kinesiotherapists to regulate kinesiotherapy licensing and examination. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas State Board of Examiners of
Kinesiotherapists in SECTION 1 (Sections 456.056, 456.057, 456.151,
456.153, 456.202, 456.204, 456.205, 456.252, 456.301, 456.304, 456.305,
456.353, 456.404, 456.406, and  456.451Occupations Code) of this bill. 

ANALYSIS

House Bill 2837 amends the Occupations Code to establish the Texas State
Board of Examiners of Kinesiotherapists (board), which consists of nine
members appointed by the governor with the advice and consent of the senate
(Sec. 456.051).  The bill sets forth provisions related to the composition,
administration, operation, and training requirements of the board (Secs.
456.052-46.059, 456.104456.105, and SECTION 2).  The bill requires the
commissioner of public health (commissioner) to designate an employee of
the Texas Department of Health (TDH) to serve as executive secretary to the
board and as the administrator of the board's licensing activities (Sec.
456.101).  The bill sets forth the duties of the executive secretary
(456.102).  The bill requires that basic personnel and facilities necessary
to administer the provisions of this bill be personnel and facilities of
TDH.  TDH personnel are required to act as agents of the board.  The bill
authorizes TDH to employ and compensate other personnel if necessary (Sec.
456.103). The bill requires the executive secretary to prepare a written
equal employment opportunity policy (Sec. 456.106). 

The bill authorizes the board to adopt rules consistent with the provisions
of this bill and requires the board to consider the rules and procedures of
the Texas Board of Health (health board) and TDH and to adopt procedural
rules that are not inconsistent with similar existing rules and procedures
of the health board and TDH (Sec. 456.151).  The bill sets forth the duties
of the board with respect to adopting a code of ethics and an official
seal, licensing, expending funds for administrative purposes, and
establishing administrative fees (Sec. 456.152).  After consultation with
the commissioner or TDH, the board is required by rule to set reasonable
and necessary fees that are adequate to collect sufficient revenue to meet
administrative expenses.  The bill sets forth provisions regarding how
money collected from the fees shall be deposited (Sec. 456.153).  

H.B. 2837 prohibits the board from adopting rules restricting competitive
bidding or advertising by a person regulated by the board except to
prohibit false, misleading, or deceptive practices, and provides specific
rules that may not be adopted for this purpose (Sec. 456.154).  The bill
sets forth the powers and duties  of the health board in administering the
provisions of this bill (Sec. 456.155). 

The bill requires the board to prepare information of public interest
describing the board's functions and the procedures by which complaints are
processed and to make the information available to the public and
appropriate state agencies (Sec. 456.201).  The bill requires the board by
rule to establish methods for notifying service recipients of the contact
information for filing complaints with the board and provides a protocol
for complaint files and the investigation and disposition of complaints
(Secs. 456.202-456.205). 

The board is required to develop and implement policies that provide the
opportunity for public input regarding any issue under the board's
jurisdiction and to prepare and maintain a written plan describing how a
person who does not speak English may be provided with access to board
programs (Secs. 456.202 and 456.203).   

H.B. 2837 establishes what constitutes the practice of kinesiotherapy and
prohibits an individual from using certain titles, acronyms, or arrangement
of words or letters representing or implying that the person is licensed or
provisionally licensed as a kinesiotherapist unless the person holds a
license issued by the board (Secs. 456.002 and 456.251).  The bill
establishes provisions regarding licensing, license expiration and renewal,
and required examinations and continuing education (Secs. 456.252-456.305). 

H.B. 2837 requires a person licensed under the provisions of this bill to
display the license certificate in an appropriate and public manner and
provides that a certificate is the property of the board and must be
surrendered upon demand (Sec. 456.351).  A license holder is required to
keep TDH informed of the license holder's current address (Sec. 456.352). 

The bill authorizes the board by rule to require each license holder to
obtain an authorized seal of the design specified by the board bearing the
holder's name and the legend "licensed kinesiotherapist" and that formal
documentation of kinesiotherapy services provided by a kinesiotherapist
must include the license holder's seal affixed to the document (Sec.
456.353).   

H.B. 2837 establishes grounds for disciplinary action against a license
holder, prohibited conduct during the course of treatment, and
administrative procedure in suspending or revoking a license (Secs.
456.401456.403).  The bill requires the board by rule to establish
procedures governing informal proceedings and authorizes the board to
require a license holder who is on probation to report to the board
regularly, limit the person's practice to certain areas, or continue or
review continuing professional education (Secs. 456.404 and 456.405).  The
bill provides that the schedule of sanctions adopted by the board by rule
shall be used by the State Office of Administrative Hearings for any
sanction imposed as the result of a hearing conducted by that office (Sec.
456.406).  The bill requires the board to develop a system for monitoring
compliance by license holders with the provisions of this bill.  The bill
provides that a person licensed by the board commits an offense if the
person knowingly or intentionally violates a provision of this bill or uses
a seal authorized by the board without holding a license (Secs. 456.451 and
456.452). 

The bill requires a person actively engaged in the practice of
kinesiotherapy consistent with applicable law on or before January 1, 2001
to receive a license under the provisions of this bill without examination
if the person applies before September 1, 2003, and submits proof
satisfactory to the board that the person has met all of the other
requirements established by this bill for issuance of a license (SECTION
2). 

The bill sets forth applicability standards for the requirements of the
bill and establishes the bill's effect on local regulation (Sec. 456.003
and 456.004).  The bill provides that the board is subject to the Texas
Sunset Act and unless continued in existence, the board is abolished and
this bill expires September 1, 2013 (Sec. 456.005). 

EFFECTIVE DATE

September 1, 2003.  Provisions applying to person appointed to a board who
must obtain a license no later than March 1, 2002 take effect September 1,
2001.