HBA-ATS H.B. 1197 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1197 By: Gutierrez Public Health 3/15/1999 Introduced BACKGROUND AND PURPOSE Under current law, an applicant seeking an original or renewal operator license, instructor license, reciprocal license, or specialty certificate issued by the Texas Cosmetology Commission (commission) must present a health certificate signed by a licensed physician or a licensed physician assistant. This requirement can delay the application process and increase costs borne by the applicant. Currently, the health certificate must evidence freedom from tuberculosis, hepatitis, or a contagious disease. However, a recent opinion issued by the Office of the Attorney General of Texas suggests that the requirement that an applicant be free from hepatitis violates the Americans with Disabilities Act. Removing hepatitis from the list of diseases from which an applicant must be free of infection will bring state law into compliance with federal law. H.B. 1197 adds advanced practice nurses to the list of the health professionals who may sign a health certificate demonstrating that an applicant for a license or certificate is free from disease. In addition, this bill removes hepatitis from the list of diseases from which an applicant must be free of infection. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 31, Article 8451a, V.T.C.S., to include an advanced practice nurse among the health professionals who may sign a health certificate demonstrating that an applicant for certain licenses and certificates issued by the Texas Cosmetology Commission is free from disease. Removes hepatitis from the list of diseases from which an applicant must be free of infection. Makes a conforming change. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.