OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 101. HEALTH PROFESSIONS COUNCIL
SUBCHAPTER A. HEALTH PROFESSIONS COUNCIL
§ 101.001. HEALTH PROFESSIONS COUNCIL. In this
chapter, "council" means the Health Professions Council.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.002. COMPOSITION OF COUNCIL. The council consists
of 14 members, with one member appointed by each of the following:
(1) the Texas Board of Chiropractic Examiners;
(2) the State Board of Dental Examiners;
(3) the Texas Optometry Board;
(4) the Texas State Board of Pharmacy;
(5) the Texas State Board of Podiatric Medical
Examiners;
(6) the State Board of Veterinary Medical Examiners;
(7) the Texas State Board of Medical Examiners;
(8) the Board of Nurse Examiners;
(9) the Texas State Board of Examiners of
Psychologists;
(10) the Texas Funeral Service Commission;
(11) the entity that regulates the practice of
physical therapy;
(12) the entity that regulates the practice of
occupational therapy;
(13) the health licensing division of the Texas
Department of Health; and
(14) the governor's office.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 682, § 1.01, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 553, § 2.013, eff. Feb. 1, 2004.
§ 101.003. OFFICERS. The council shall elect from the
council's members a presiding officer and assistant presiding
officer to conduct the business of the council.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.004. COMPENSATION OF MEMBERS. A member of the
council is not entitled to receive compensation or a per diem for
the member's service on the council.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.005. COUNCIL STAFF. The council may employ staff
or designate staff for the council from the employees of the
regulatory agencies listed in Section 101.002 as necessary for the
council to carry out the council's duties.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.006. BUDGET. The council shall adopt an annual
budget that is funded by a prorated assessment paid by the
regulatory agencies listed in Section 101.002.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.007. DUTIES OF COUNCIL. The council shall:
(1) administer the functions provided by this chapter;
and
(2) provide a means for the regulatory agencies
represented on the council to coordinate administrative and
regulatory efforts.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TELEPHONE COMPLAINT SYSTEM
§ 101.051. TELEPHONE COMPLAINT SYSTEM. The council
shall establish and operate a toll-free telephone complaint system
to provide assistance and referral services for persons making a
complaint relating to a health profession regulated by the state.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.0515. APPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to the Texas Funeral Service Commission.
Added by Acts 2001, 77th Leg., ch. 682, § 1.02, eff. Sept. 1,
2001.
§ 101.052. TELEPHONE LISTING. A state agency that
regulates a health profession shall list the toll-free telephone
number of the complaint system with the agency's regular telephone
number.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.053. CONFIDENTIALITY. A complaint, adverse
report, or other information regarding the content of a complaint
in the possession of the council or its employee or agent relating
to a person initiating a complaint or the license holder who is the
subject of the complaint is privileged and confidential and is not
subject to discovery, subpoena, or other means of legal compulsion
for release to anyone other than:
(1) a council employee or agent involved in collecting
complaint information;
(2) the specific council member agency or board
responsible for regulating the health profession in which the
person who is the subject of the complaint is a license holder; or
(3) an employee or agent of the member agency or board
who is involved in the discipline of license holders.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. TRAINING PROGRAM
§ 101.101. TRAINING PROGRAM. (a) The council shall
establish a training program for the governing bodies of state
agencies that regulate health professions.
(b) Before a member of a governing body may assume the
member's duties and before the member may be confirmed by the
senate, the member must complete at least one course of the training
program established under this section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.102. PROGRAM REQUIREMENTS. The training program
must provide information to a participant regarding:
(1) the enabling legislation that created the
governing body to which the member is appointed;
(2) the programs operated by the state agency governed
by the governing body;
(3) the role and functions of that state agency;
(4) the rules of that state agency with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for that state agency;
(6) the results of the most recent formal audit of that
state agency;
(7) the requirements of the:
(A) open meetings law, Chapter 551, Government
Code;
(B) open records law, Chapter 552, Government
Code; and
(C) administrative procedure law, Chapter 2001,
Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by that
state agency or the Texas Ethics Commission.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER D. REPORTING REQUIREMENTS
§ 101.151. ANNUAL REPORT. (a) The council shall
prepare an annual report that includes:
(1) a statistical compilation of enforcement actions
taken by a regulatory agency listed in Section 101.002;
(2) recommendations for statutory changes to improve
the regulation of the health care professions; and
(3) other relevant information and recommendations
determined necessary by the council.
(b) The council shall send the report to the governor, the
lieutenant governor, and the speaker of the house of
representatives not later than February 1 of each year.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER E. GROUNDS FOR LICENSE REVOCATION OR DENIAL
§ 101.201. FALSE, MISLEADING, OR DECEPTIVE
ADVERTISING. (a) A person may not use advertising that is false,
misleading, deceptive, or not readily subject to verification.
(b) False, misleading, or deceptive advertising or
advertising not readily subject to verification includes
advertising that:
(1) makes a material misrepresentation of fact or
omits a fact necessary to make the statement as a whole not
materially misleading;
(2) makes a representation likely to create an
unjustified expectation about the results of a health care service
or procedure;
(3) compares a health care professional's services
with another health care professional's services unless the
comparison can be factually substantiated;
(4) contains a testimonial;
(5) causes confusion or misunderstanding as to the
credentials, education, or licensing of a health care professional;
(6) represents that health care insurance deductibles
or copayments may be waived or are not applicable to health care
services to be provided if the deductibles or copayments are
required;
(7) represents that the benefits of a health benefit
plan will be accepted as full payment when deductibles or
copayments are required;
(8) makes a representation that is designed to take
advantage of the fears or emotions of a particularly susceptible
type of patient; or
(9) represents in the use of a professional name a
title or professional identification that is expressly or commonly
reserved to or used by another profession or professional.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.202. FAILURE TO PROVIDE BILLING INFORMATION. On
the written request of a patient, a health care professional shall
provide, in plain language, a written explanation of the charges
for professional services previously made on a bill or statement
for the patient.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.203. OVERCHARGING OR OVERTREATING. A health care
professional may not violate Section 311.0025, Health and Safety
Code.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.011(a), eff. Sept. 1,
2001.
§ 101.204. REMEDIES. (a) A violation of this
subchapter is subject to action by the appropriate health licensing
agency as a ground for revocation or denial of a license.
(b) A violation of Section 101.201 is grounds for action
under Section 17.47, 17.58, 17.60, or 17.61, Business & Commerce
Code, by the consumer protection division of the office of the
attorney general.
(c) A violation of Section 101.201 does not create a private
cause of action, including an action for breach of warranty or for
an implied contract or warranty for good and workmanlike service.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER F. ENFORCEMENT
§ 101.251. CIVIL PENALTY. (a) A person who violates
this chapter is liable to the state for a civil penalty in an amount
not to exceed $1,000 for each violation. Each day a violation
occurs constitutes a separate violation.
(b) The attorney general may initiate an action under this
section by filing suit in a district court in Travis County or in
the county in which the violation occurred.
(c) The attorney general may recover reasonable expenses
incurred in obtaining a civil penalty under this section, including
court costs, reasonable attorney's fees, reasonable investigative
costs, witness fees, and deposition expenses.
(d) A civil penalty recovered under this section shall be
deposited in the state treasury.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.252. INJUNCTION. (a) The attorney general or
the appropriate health licensing agency may bring an action for an
injunction to stop a violation or threatened violation of this
chapter.
(b) The attorney general or health licensing agency may
recover reasonable expenses incurred in obtaining an injunction
under this section, including court costs, reasonable attorney's
fees, reasonable investigative costs, witness fees, and deposition
expenses.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 101.253. REMEDIES NOT EXCLUSIVE. The remedies
provided by this chapter are in addition to any other remedy
provided by law, including rules.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER G. OFFICE OF PATIENT PROTECTION
§ 101.301. GENERAL PROVISIONS. (a) In this
subchapter:
(1) "Consumers as a class" means five or more
individuals whose complaints are of the same or similar regulatory
and factual circumstances and issues.
(2) "Licensing agency" means a health occupation
regulatory agency that is a member of the council.
(3) "Office" means the office of patient protection.
(b) The council shall establish an office of patient
protection within the council to represent the interests of
consumers in matters before licensing agencies.
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
§ 101.302. EXECUTIVE COMMITTEE; DIRECTOR. (a) The
governor shall appoint an executive committee consisting of at
least three members who are public members of the governing bodies
of licensing agencies. The executive committee shall appoint a
director for the office. The director shall be responsible for
administering the provisions of this subchapter.
(b) The director may not be:
(1) a health care professional licensed or certified
by a licensing agency;
(2) financially involved with the provision of health
care or with an entity that provides health care, including an
entity regulated by a licensing agency;
(3) an officer, employee, or paid consultant of a
trade association for a profession that is regulated by a licensing
agency;
(4) an officer, employee, or paid consultant of a
trade association for an entity regulated by the Texas Department
of Insurance; or
(5) required to register as a lobbyist under Chapter
305, Government Code, because of the person's activities for
compensation related to a person or organization subject to
regulation by a licensing agency.
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
§ 101.303. ADMINISTRATIVE ATTACHMENT TO COUNCIL;
REIMBURSEMENT. The office is located in the council but may not
interfere with the other duties of the council. The office shall
reimburse the council from fees received by the office under
Section 101.307 for administrative costs incurred by the council in
providing administrative support for the office.
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
§ 101.304. PUBLIC INFORMATION PROVIDED BY OFFICE;
STANDARD COMPLAINT FORM. (a) The office shall provide to the
public information about the complaint process at each licensing
agency.
(b) The office shall conduct a public awareness campaign to
increase awareness of the telephone complaint system under
Subchapter B.
(c) Through the use of the Internet and other information
and communications media, the office shall provide information to
the public in easily understood language regarding the complaint
procedures and sanctions processes used by the licensing agencies.
(d) The office, in cooperation with the licensing agencies,
shall adopt a standard complaint form that may be used by a member
of the public to file a complaint with a licensing agency. Each
licensing agency shall accept the form adopted under this section
in addition to any other form required by the agency.
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
§ 101.305. POWERS AND DUTIES OF OFFICE. (a) The office
shall:
(1) establish, in consultation with and on the
approval of the council, protocols for interaction with licensing
agencies;
(2) serve as the ombudsman for consumer complaints at
the licensing agencies on the request of an individual consumer;
(3) assist consumers in obtaining information about
the status of complaints; and
(4) review the Internet websites of licensing agencies
and make recommendations to the agencies on making public
information, including information relating to disciplinary
actions, understandable to and easily accessible by the public.
(b) The office may:
(1) appear at or present information or testimony to a
licensing agency on behalf of consumers as a class; and
(2) appeal the decisions of licensing agencies to the
governing body of the appropriate licensing agency on behalf of
consumers as a class but not for individual complainants.
(c) The office may not appeal an individual complainant's
case before any agency.
(d) The office is entitled to access to:
(1) complaints received by a licensing agency, unless
the access would jeopardize an ongoing investigation; and
(2) the public records of a licensing agency and the
records of a licensing agency that are filed with the State Office
of Administrative Hearings.
(e) The confidentiality requirements that apply to the
records of a licensing agency and the sanctions for disclosure of
confidential information apply to the office and to information
obtained by the office under Subsection (d).
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
§ 101.306. MONITORING OF AGENCIES. (a) The office
shall review and evaluate rules proposed for adoption by the
licensing agencies and changes made to the statutes that govern the
operation of the agencies and the professions regulated by the
agencies.
(b) The office may report to the legislature and recommend
to licensing agencies changes in agency rules that, in the office's
judgment, would positively affect the interests of consumers.
(c) The office shall recommend changes to the statutes
described by Subsection (a) to the Sunset Advisory Commission
during the commission's review of the relevant licensing agency.
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
§ 101.307. FUNDING OF OFFICE. (a) To provide funding
sufficient for the office to exercise the powers and duties
prescribed by this subchapter:
(1) the initial licensing or registration fee charged
by each licensing agency is increased by $5; and
(2) the renewal fee charged by each licensing agency
is increased by $1 for each year for which the license or
registration is renewed.
(b) The fee increases authorized under this section shall be
collected in the same manner as the assessment under Section
101.006. The council may spend the fees collected under this
section only to fund the activities of the office under this
subchapter.
Added by Acts 2003, 78th Leg., ch. 305, § 1, eff. Sept. 1, 2003.
