CHAPTER 451. ATHLETIC TRAINERS
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY
CHAPTER 451. ATHLETIC TRAINERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 451.001. DEFINITIONS. In this chapter:
(1) "Athletic injury" means an injury sustained by a person as a
result of the person's participation in an organized sport or
sport-related exercise or activity, including interscholastic,
intercollegiate, intramural, semiprofessional, and professional
sports activities.
(2) "Athletic trainer" means a person who practices athletic
training, is licensed by the board, and may use the initials
"LAT," "LATC," and "AT" to designate the person as an athletic
trainer. The terms "sports trainer" and "licensed athletic
trainer" are equivalent to "athletic trainer."
(3) "Athletic training" means the form of health care that
includes the practice of preventing, recognizing, assessing,
managing, treating, disposing of, and reconditioning athletic
injuries under the direction of a physician licensed in this
state or another qualified, licensed health professional who is
authorized to refer for health care services within the scope of
the person's license.
(4) "Board" means the Advisory Board of Athletic Trainers.
(5) "Commissioner" means the commissioner of public health.
(6) "Department" means the Texas Department of Health.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.201(a), eff.
Sept. 1, 2001.
Sec. 451.002. INTERPRETATION; PRACTICE OF MEDICINE. This
chapter does not authorize the practice of medicine by a person
not licensed by the Texas State Board of Medical Examiners.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.003. APPLICABILITY. This chapter does not apply to:
(1) a physician licensed by the Texas State Board of Medical
Examiners;
(2) a dentist, licensed under the laws of this state, engaged in
the practice of dentistry;
(3) a licensed optometrist or therapeutic optometrist engaged in
the practice of optometry or therapeutic optometry as defined by
statute;
(4) an occupational therapist engaged in the practice of
occupational therapy;
(5) a nurse engaged in the practice of nursing;
(6) a licensed podiatrist engaged in the practice of podiatry as
defined by statute;
(7) a physical therapist engaged in the practice of physical
therapy;
(8) a registered massage therapist engaged in the practice of
massage therapy;
(9) a commissioned or contract physician, physical therapist, or
physical therapist assistant in the United States Army, Navy, Air
Force, or Public Health Service; or
(10) an athletic trainer who does not live in this state, who is
licensed, registered, or certified by an authority recognized by
the board, and who provides athletic training in this state for a
period determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.201(b), eff.
Sept. 1, 2001.
SUBCHAPTER B. ADVISORY BOARD OF ATHLETIC TRAINERS
Sec. 451.051. BOARD; MEMBERSHIP. (a) The Advisory Board of
Athletic Trainers is a part of the department and shall perform
its duties as a board within the department.
(b) The board consists of five members appointed by the governor
with the advice and consent of the senate as follows:
(1) three members who are athletic trainers; and
(2) two members who represent the public.
(c) Each member of the board must be a citizen of the United
States and a resident of this state for the five years preceding
appointment.
(d) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(a), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1170, Sec. 4.01, eff.
Sept. 1, 2003.
Sec. 451.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be a
public member of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by a regulatory agency
in the field of athletic training;
(2) is employed by or participates in the management of a
business entity or other organization regulated by or receiving
money from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization
regulated by or receiving money from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or money from the board other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.
Sept. 1, 2001.
Sec. 451.0512. MEMBERSHIP RESTRICTIONS. (a) In this section,
"Texas trade association" means a cooperative and voluntarily
joined association of business or professional competitors in
this state designed to assist its members and its industry or
profession in dealing with mutual business or professional
problems and in promoting their common interest.
(b) A person may not be a member of the board if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of athletic training; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of athletic
training.
(c) A person may not be a member of the board if the person is
required to register as a lobbyist under Chapter 305, Government
Code, because of the person's activities for compensation on
behalf of a profession related to the operation of the board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.
Sept. 1, 2001.
Sec. 451.0513. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 451.051;
(2) does not maintain during service on the board the
qualifications required by Section 451.051;
(3) is ineligible for membership under Section 451.0512;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year without an excuse approved by the board.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a board
member exists.
(c) If the commissioner has knowledge that a potential ground
for removal exists, the commissioner shall notify the presiding
officer of the board of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential
ground for removal involves the presiding officer, the
commissioner shall notify the next highest ranking officer of the
board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.
Sept. 1, 2001.
Sec. 451.052. OFFICIAL OATH. A person appointed to the board
shall take the constitutional oath of office not later than the
15th day after the date of appointment. On presentation of the
oath, the secretary of state shall issue a commission to the
appointee as evidence of the appointee's authority to act as a
member of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.053. TERMS; VACANCY. (a) Board members serve
staggered six-year terms with the terms of one or two members
expiring on January 31 of each odd-numbered year.
(b) If a vacancy occurs on the board, the governor shall appoint
a successor to serve for the unexpired portion of the term.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 4.02, eff. Sept.
1, 2003.
Sec. 451.054. COMPENSATION. A member or employee of the board
is entitled to compensation and reimbursement of travel expenses
incurred by the member or employee as provided by the General
Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.055. OFFICERS. (a) The governor shall designate a
member of the board as the board's presiding officer to serve in
that capacity at the will of the governor. The board shall elect
an assistant presiding officer and secretary-treasurer from its
members. The assistant presiding officer and secretary-treasurer
serve a one-year term.
(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(36).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(a), eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(36), eff.
Sept. 1, 2003.
Sec. 451.056. MEETINGS. The board shall meet at least twice a
year. The board may hold additional meetings on the call of the
presiding officer or at the written request of any three members
of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.057. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted as a member in attendance at a meeting
of the board until the person completes a training program that
complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the rules that
relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the board;
(7) the requirements of:
(A) the open meetings law, Chapter 551, Government Code;
(B) the public information law, Chapter 552, Government Code;
(C) the administrative procedure law, Chapter 2001, Government
Code; and
(D) other laws relating to public officials, including conflict
of interest laws; and
(8) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the 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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.
Sept. 1, 2001.
SUBCHAPTER C. BOARD POWERS AND DUTIES
Sec. 451.101. GENERAL POWERS AND DUTIES. (a) The board shall:
(1) adopt an official seal;
(2) prescribe the application form for a license applicant;
(3) prescribe a suitable form for a license certificate; and
(4) prepare and conduct an examination for license applicants.
(b) The board shall have suitable office space to:
(1) administer this chapter; and
(2) maintain permanent records.
(c) The board may appoint committees that the board considers
necessary to carry out its duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.204(a), eff.
Sept. 1, 2001.
Sec. 451.1015. STANDARDS OF CONDUCT INFORMATION. The
commissioner or the commissioner's designee shall provide to
members of the board, as often as necessary, information
regarding the requirements for office under this chapter,
including information regarding a person's responsibilities under
applicable laws relating to standards of conduct for state
officers.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(c), eff.
Sept. 1, 2001.
Sec. 451.1016. 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 commissioner and the staff of the
department.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(c), eff.
Sept. 1, 2001.
Sec. 451.102. EXECUTIVE SECRETARY AND EMPLOYEES. The board may
employ an executive secretary and other personnel necessary to
administer this chapter. The executive secretary has the duties
and responsibilities determined by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.103. RULES. The board may adopt rules necessary for
the performance of its duties.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.1035. RULES REGARDING ADVERTISING OR COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a license holder except to
prohibit false, misleading, or deceptive practices.
(b) 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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.205(a), eff.
Sept. 1, 2001.
Sec. 451.104. RECORDS. (a) The board shall:
(1) keep a record of its proceedings in a book kept for that
purpose;
(2) maintain a complete record of all licensed athletic
trainers; and
(3) annually prepare a roster showing the names and addresses of
all licensed athletic trainers.
(b) The board shall make a copy of the roster available to any
person requesting it on payment of a fee established by the board
in an amount sufficient to cover the cost of the roster.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.105. EXPENDITURES. (a) The department may expend
funds appropriated to it to administer this chapter.
(b) The board may authorize all necessary expenditures to
administer this chapter, including expenditures for:
(1) stationery;
(2) equipment; and
(3) facilities.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.106. FEES. After consultation with the commissioner of
public health or the department, the board by rule shall set fees
under this chapter in amounts reasonable and necessary to cover
the cost of administering this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.107. ANNUAL REPORT. (a) The department shall file
annually with the governor and the presiding officer of each
house of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the board or
the department during the preceding fiscal year.
(b) The annual report must be in the form and reported in the
time provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.108. PUBLIC PARTICIPATION. 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 jurisdiction of the board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(b), eff.
Sept. 1, 2001.
Sec. 451.109. COMPLAINTS. (a) The board shall maintain a file
on each written complaint filed with the board. The file must
include:
(1) the name of the person who filed the complaint;
(2) the date the complaint is received by the board;
(3) the subject matter of the complaint;
(4) the name of each person contacted in relation to the
complaint;
(5) a summary of the results of the review or investigation of
the complaint; and
(6) an explanation of the reason the file was closed, if the
board closed the file without taking action other than to
investigate the complaint.
(b) The board shall provide to the person filing the complaint
and to each person who is a subject of the complaint a copy of
the board's policies and procedures relating to complaint
investigation and resolution.
(c) The board, at least quarterly until final disposition of the
complaint, shall notify the person filing the complaint and each
person who is a subject of the complaint of the status of the
investigation unless the notice would jeopardize an undercover
investigation.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(b), eff.
Sept. 1, 2001.
Sec. 451.110. SUBPOENAS. (a) In an investigation of a
complaint filed with the board, the board may request that the
commissioner or the commissioner's designee approve the issuance
of a subpoena. If the request is approved, the board may issue a
subpoena to compel the attendance of a relevant witness or the
production, for inspection or copying, of relevant evidence that
is in this state.
(b) A subpoena may be served personally or by certified mail.
(c) If a person fails to comply with the subpoena, the board,
acting through the attorney general, may file suit to enforce the
subpoena in a district court in Travis County or in the county in
which a hearing conducted by the board may be held.
(d) On finding that good cause exists for issuing the subpoena,
the court shall order the person to comply with the subpoena. The
court may punish a person who fails to obey the court order.
(e) The board may delegate the authority granted under
Subsection (a) to the secretary-treasurer or executive secretary
of the board.
(f) The board shall pay a reasonable fee for photocopies
subpoenaed under this section in an amount not to exceed the
amount the board may charge for copies of its records.
(g) The reimbursement of the expenses of a witness whose
attendance is compelled under this section is governed by Section
2001.103, Government Code.
(h) All information and materials subpoenaed or compiled by the
board in connection with a complaint and investigation are
confidential and not subject to disclosure under Chapter 552,
Government Code, and not subject to disclosure, discovery,
subpoena, or other means of legal compulsion for their release to
anyone other than the board or its employees or agents involved
in discipline of the holder of a license, except that this
information may be disclosed to:
(1) persons involved with the board in a disciplinary action
against the holder of a license;
(2) athletic trainer licensing or disciplinary boards in other
jurisdictions;
(3) peer assistance programs approved by the board under Chapter
467, Health and Safety Code;
(4) law enforcement agencies; and
(5) persons engaged in bona fide research, if all
individual-identifying information has been deleted.
(i) The filing of formal charges by the board against a holder
of a license, the nature of those charges, disciplinary
proceedings of the board, and final disciplinary actions,
including warnings and reprimands, by the board are not
confidential and are subject to disclosure in accordance with
Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(b), eff.
Sept. 1, 2001.
SUBCHAPTER D. LICENSE REQUIREMENTS
Sec. 451.151. LICENSE REQUIRED. A person may not hold the
person out as an athletic trainer or perform any activity of an
athletic trainer unless the person holds a license under this
chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.152. LICENSE APPLICATION. An applicant for an athletic
trainer license must submit to the board:
(1) an application on a form prescribed by the board; and
(2) the required examination fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.153. APPLICANT QUALIFICATIONS. (a) An applicant for
an athletic trainer license must:
(1) have met the athletic training curriculum requirements of a
college or university approved by the board and give proof of
graduation;
(2) hold a degree or certificate in physical therapy and have
completed:
(A) a basic athletic training course from an accredited college
or university; and
(B) an apprenticeship described by Subsection (b); or
(3) have a degree in corrective therapy with at least a minor in
physical education or health that includes a basic athletic
training course and meet the apprenticeship requirement or any
other requirement established by the board.
(b) The apprenticeship required to be completed by an applicant
consists of 720 hours completed in two years under the direct
supervision of a licensed athletic trainer acceptable to the
board. Actual working hours include a minimum of 20 hours a week
during each fall semester.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.154. OUT-OF-STATE LICENSE APPLICANTS. (a) An
out-of-state applicant must:
(1) satisfy the requirements under Section 451.153; and
(2) submit proof of active engagement as an athletic trainer in
this state as described by Subsection (b).
(b) A person is actively engaged as an athletic trainer if the
person:
(1) is employed on a salary basis by an educational institution
for the institution's school year or by a professional or other
bona fide athletic organization for the athletic organization's
season; and
(2) performs the duties of athletic trainer as the major
responsibility of that employment.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.155. EXAMINATION RESULTS. (a) Not later than the 30th
day after the day on which a licensing examination is
administered under this chapter, the board shall notify each
examinee of the results of the examination. If an examination is
graded or reviewed by a national testing service, the board shall
notify each examinee of the results of the examination not later
than the 14th day after the day on which the board receives the
results from the testing service.
(b) If the notice of examination results graded or reviewed by a
national testing service will be delayed for longer than 90 days
after the examination date, the board shall notify the examinee
of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails a licensing
examination administered under this chapter, the board shall
furnish the person with an analysis of the person's performance
on the examination.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An applicant
for an athletic trainer license is entitled to receive the
license if the applicant:
(1) satisfies the requirements of Section 451.153 or 451.154;
(2) satisfactorily completes the examination administered by the
board;
(3) pays the required license fee; and
(4) has not committed an act that constitutes grounds for
refusal of a license under Section 451.251.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.157. TEMPORARY LICENSE. (a) The board may issue a
temporary license to an applicant if the applicant satisfies:
(1) the requirements of Section 451.153 or 451.154; and
(2) any other requirement established by the board.
(b) The board by rule shall prescribe the time during which a
temporary license is valid.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER E. LICENSE RENEWAL
Sec. 451.201. LICENSE EXPIRATION. (a) A license issued under
Section 451.156 expires on the first anniversary of the date of
issuance.
(b) The board by rule may adopt a system under which licenses
expire on various dates during the year. For the year in which
the license expiration date is changed, the license fee shall be
prorated on a monthly basis so that a license holder pays only
that portion of the license fee that is allocable to the number
of months during which the license is valid. On renewal of the
license on the new expiration date, the total license renewal fee
is payable.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.202. LICENSE RENEWAL. (a) 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.
(b) If the person's license has been expired for 90 days or
less, the person may renew the license by paying to the board a
renewal fee that is 1-1/2 times the normally required renewal
fee.
(c) If the person's license has been expired for longer than 90
days but less than one year, the person may renew the license by
paying to the board a renewal fee that is equal to two times the
normally required renewal fee for the license.
(d) If the person's license has been expired for one year or
longer, the person may not renew the license. The person may
obtain a new license by submitting to reexamination and complying
with the requirements and procedures for obtaining an original
license.
(e) At least 30 days before the expiration of a person's
license, the board shall send written notice of the impending
license expiration to the person at the person's last known
address.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.206(a), eff.
Sept. 1, 2001.
Sec. 451.203. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without examination the
expired license of a person who was licensed in this state, moved
to another state, and is currently licensed and has been in
practice in the other state for the two years preceding
application.
(b) The person must pay to the board a fee that is equal to two
times the normally required renewal fee for the license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.206(b), eff.
Sept. 1, 2001.
Sec. 451.204. CONTINUING EDUCATION. 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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.204(b), eff.
Sept. 1, 2001.
SUBCHAPTER F. DISCIPLINARY PROCEDURES
Sec. 451.251. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINARY
ACTION. (a) The board may refuse to issue a license to an
applicant and shall reprimand a license holder or suspend,
revoke, or refuse to renew a person's license if the person:
(1) has been convicted of a misdemeanor involving moral
turpitude or a felony;
(2) obtained the license by fraud or deceit;
(3) violated or conspired to violate this chapter or a rule
adopted under this chapter; or
(4) provided services outside the scope of practice of athletic
training.
(b) For the purposes of Subsection (a)(1), the record of
conviction is conclusive evidence of conviction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.207(a), eff.
Sept. 1, 2001.
Sec. 451.2512. PROBATION. The board may place on probation a
person whose license is suspended. If a 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.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.207(b), eff.
Sept. 1, 2001.
Sec. 451.252. ADMINISTRATIVE HEARING. A person whose
application for a license or license renewal is denied is
entitled to a hearing before the board in accordance with Chapter
2001, Government Code, if the person submits to the board a
written request for a hearing not later than the 30th day after
the day the license or license renewal is denied.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.253. AUTHORITY TO ISSUE SUBPOENA. The board may issue
a subpoena to compel a witness to testify or produce evidence in
a proceeding to deny, revoke, or suspend a license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.254. ADMINISTRATIVE PROCEDURE. A proceeding to revoke
or suspend a license and an appeal from the proceeding are
governed by Chapter 2001, Government Code.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 451.255. EMERGENCY SUSPENSION. (a) The board or a
three-member committee of board members designated by the board
shall temporarily suspend the license of a license holder if the
board or committee 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.
Added by Acts 2003, 78th Leg., ch. 326, Sec. 8, eff. Sept. 1,
2003.
SUBCHAPTER G. PENALTIES
Sec. 451.301. CRIMINAL PENALTY. (a) A person commits an
offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor punishable by
a fine of not less than $25 or more than $200.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER H. ADMINISTRATIVE PENALTY
Sec. 451.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
board may impose an administrative penalty on a person licensed
under this chapter who violates this chapter or a rule or order
adopted under this chapter. A penalty collected under this
section or Section 451.352 shall be deposited in the state
treasury in the general revenue fund.
(b) A proceeding to impose the penalty is considered to be a
contested case under Chapter 2001, Government Code.
(c) The amount of the penalty may not exceed $500 for each
violation, and each day a violation continues or occurs is a
separate violation for purposes of imposing a penalty. The total
amount of the penalty assessed for a violation continuing or
occurring on separate days under this subsection may not exceed
$2,500.
(d) The amount shall be based on:
(1) the seriousness of the violation, including the nature,
circumstances, extent, and gravity of the violation;
(2) the threat to health or safety caused by the violation;
(3) the history of previous violations;
(4) the amount necessary to deter a future violation;
(5) whether the violator demonstrated good faith, including,
when applicable, whether the violator made good faith efforts to
correct the violation; and
(6) any other matter that justice may require.
(e) If the executive secretary determines that a violation
occurred, the executive secretary shall give written notice of
the violation by certified mail to the person.
(f) The notice under Subsection (e) must:
(1) include a brief summary of the alleged violation;
(2) state the amount of the recommended 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.
(g) Within 20 days after the date the person receives the notice
under Subsection (e), the person in writing may:
(1) accept the determination and recommended penalty of the
executive secretary; or
(2) make a request for a hearing on the occurrence of the
violation, the amount of the penalty, or both.
(h) If the person accepts the determination and recommended
penalty or if the person fails to respond to the notice, the
board by order shall approve the determination and impose the
recommended penalty.
(i) If the person requests a hearing, the board shall refer the
matter to the State Office of Administrative Hearings, which
shall promptly set a hearing date and give written notice of the
time and place of the hearing to the person. An administrative
law judge of the State Office of Administrative Hearings shall
conduct the hearing.
(j) The administrative law judge shall make findings of fact and
conclusions of law and promptly issue to the board a proposal for
a decision about the occurrence of the violation and the amount
of a proposed penalty.
(k) Based on the findings of fact, conclusions of law, and
proposal for a decision, the board by order may determine that:
(1) a violation occurred and impose a penalty; or
(2) a violation did not occur.
(l) The notice of the board's order under Subsection (k) that is
sent to the person in accordance with Chapter 2001, Government
Code, must include a statement of the right of the person to
judicial review of the order.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.208(a), eff.
Sept. 1, 2001.
Sec. 451.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;
JUDICIAL REVIEW. (a) Within 30 days after the date an order of
the board under Section 451.351(k) that imposes an administrative
penalty becomes final, the person shall:
(1) pay the penalty; or
(2) file a petition for judicial review of the board's order
contesting the occurrence of the violation, the amount of the
penalty, or both.
(b) Within the 30-day period prescribed by Subsection (a), a
person who files a petition for judicial review may:
(1) stay enforcement of the penalty by:
(A) paying the penalty to the court for placement in an escrow
account; or
(B) giving the court a supersedeas bond approved by the court
that is:
(i) for the amount of the penalty; and
(ii) effective until all judicial review of the board's 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) sending a copy of the affidavit to the board by certified
mail.
(c) If the board receives a copy of an affidavit under
Subsection (b)(2), the board may file with the court, within five
days after the date the copy is received, a contest to the
affidavit. 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 or to
give a supersedeas bond.
(d) If the person does not pay the penalty and the enforcement
of the penalty is not stayed, the penalty may be collected. The
attorney general may sue to collect the penalty.
(e) If the court sustains the determination that a violation
occurred, the court may uphold or reduce the amount of the
penalty and order the person to pay the full or reduced amount of
the penalty.
(f) If the court does not sustain the determination that a
violation occurred, the court shall order that a penalty is not
owed.
(g) If the person paid the penalty and if the amount of the
penalty is reduced or the penalty is not upheld by the court, the
court shall order, when the court's judgment becomes final, that
the appropriate amount plus accrued interest be remitted to the
person within 30 days after the date the judgment of the court
becomes final. The interest accrues 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.
(h) If the person gave a supersedeas bond and the penalty is not
upheld by the court, the court shall order, when the court's
judgment becomes final, the release of the bond. If the person
gave a supersedeas bond and the amount of the penalty is reduced,
the court shall order the release of the bond after the person
pays the reduced amount.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.208(a), eff.
Sept. 1, 2001.