CHAPTER 101. HEALTH PROFESSIONS COUNCIL
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY
CHAPTER 101. HEALTH PROFESSIONS COUNCIL
SUBCHAPTER A. HEALTH PROFESSIONS COUNCIL
Sec. 101.001. HEALTH PROFESSIONS COUNCIL. In this chapter,
"council" means the Health Professions Council.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 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 Medical Board;
(8) the Texas Board of Nursing;
(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 Department of State
Health Services; and
(14) the governor's office.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.01, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 553, Sec. 2.013, eff. Feb. 1,
2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 31, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER B. TELEPHONE COMPLAINT SYSTEM
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 101.0515. APPLICABILITY OF SUBCHAPTER. This subchapter
does not apply to the Texas Funeral Service Commission.
Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.02, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER C. TRAINING PROGRAM
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. REPORTING REQUIREMENTS
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. GROUNDS FOR LICENSE REVOCATION OR DENIAL
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.011(a), eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER F. ENFORCEMENT
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
Sec. 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, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER G. OFFICE OF PATIENT PROTECTION
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. Sept. 1,
2003.
SUBCHAPTER H. BILLING
Sec. 101.351. 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. This section does not apply to a physician
subject to Section 101.352.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Transferred from Occupations Code, Section 101.202 and amended by
Acts 2007, 80th Leg., R.S., Ch.
997, Sec. 6, eff. September 1, 2007.
Sec. 101.352. BILLING POLICIES AND INFORMATION; PHYSICIANS. (a)
A physician shall develop, implement, and enforce written
policies for the billing of health care services and supplies.
The policies must address:
(1) any discounting of charges for health care services or
supplies provided to an uninsured patient that is not covered by
a patient's third-party payor, subject to Chapter 552, Insurance
Code;
(2) any discounting of charges for health care services or
supplies provided to an indigent patient who qualifies for
services or supplies based on a sliding fee scale or a written
charity care policy established by the physician;
(3) whether interest will be applied to any billed health care
service or supply not covered by a third-party payor and the rate
of any interest charged; and
(4) the procedure for handling complaints relating to billed
charges for health care services or supplies.
(b) Each physician who maintains a waiting area shall post a
clear and conspicuous notice of the availability of the policies
required by Subsection (a) in the waiting area and in any
registration, admission, or business office in which patients are
reasonably expected to seek service.
(c) On the request of a patient who is seeking services that are
to be provided on an out-of-network basis or who does not have
coverage under a government program, health insurance policy, or
health maintenance organization evidence of coverage, a physician
shall provide an estimate of the charges for any health care
services or supplies. The estimate must be provided not later
than the 10th business day after the date of the request. A
physician must advise the consumer that:
(1) the request for an estimate of charges may result in a delay
in the scheduling and provision of the services;
(2) the actual charges for the services or supplies will vary
based on the patient's medical condition and other factors
associated with performance of the services;
(3) the actual charges for the services or supplies may differ
from the amount to be paid by the patient or the patient's
third-party payor; and
(4) the patient may be personally liable for payment for the
services or supplies depending on the patient's health benefit
plan coverage.
(d) For services provided in an emergency department of a
hospital or as a result of an emergent direct admission, the
physician shall provide the estimate of charges required by
Subsection (c) not later than the 10th business day after the
request or before discharging the patient from the emergency
department or hospital, whichever is later, as appropriate.
(e) A physician shall provide a patient with an itemized
statement of the charges for professional services or supplies
not later than the 10th business day after the date on which the
statement is requested if the patient requests the statement not
later than the first anniversary of the date on which the health
care services or supplies were provided.
(f) If a patient requests more than two copies of the statement,
a physician may charge a reasonable fee for the third and
subsequent copies provided. The Texas Medical Board shall by
rule set the permissible fee a physician may charge for copying,
processing, and delivering a copy of the statement.
(g) On the request of a patient, a physician shall provide, in
plain language, a written explanation of the charges for services
or supplies previously made on a bill or statement for the
patient.
(h) If a patient overpays a physician, the physician must refund
the amount of the overpayment not later than the 30th day after
the date the physician determines that an overpayment has been
made. This subsection does not apply to an overpayment subject
to Section 1301.132 or 843.350, Insurance Code.
(i) In this section, "physician" means a person licensed to
practice in this state.
Added by Acts 2007, 80th Leg., R.S., Ch.
997, Sec. 6, eff. September 1, 2007.