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.