HBA-NMO C.S.H.B. 2085 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2085 By: McCall Public Health 3/16/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE The Texas Department of Health (TDH) is responsible for protecting and promoting the health of the citizens of this state. TDH administers Medicaid acute services as well as other health care plans. The agency has broad regulatory authority over various health professions and health care facilities, as well as food and drug safety and environmental health matters. Federal funds account for about 60 percent of the agency's budget of $6.5 billion. The agency is governed by the six-member Board of Health (board), appointed by the governor, and assisted in its various responsibilities by 25 advisory committees. TDH is subject to the Texas Sunset Act and will be abolished on September 1, 1999, unless continued by the legislature. The Sunset Advisory Commission has recommended continuation of the agency with several statutory modifications. C.S.H.B. 2085 continues TDH until September 1, 2011 and makes statutory modifications recommended by the Sunset Advisory Commission. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Texas Department of Health is modified in SECTION 1.08 (Section 12.004, Health and Safety Code) and SECTION 8.01 (Section 577.006, Health and Safety Code) of this bill. SECTION BY SECTION ANALYSIS ARTICLE 1. GENERAL OPERATIONS AND ADMINISTRATION OF THE TEXAS BOARD AND DEPARTMENT OF HEALTH SECTION 1.01. Amends Section 2003.021, Government Code, by adding Subsection (e), as follows: (e) Requires the State Office of Administrative Hearings to conduct all hearings in contested cases under Chapter 2001 (Administrative Procedure), Government Code, that are before the commissioner of health (commissioner), the Texas Board of Health (board), or the Texas Department of Health (TDH). SECTION 1.02. Amends Section 11.003, Health and Safety Code, to continue TDH until September 1, 2011, rather than September 1, 1999. SECTION 1.03. Amends Chapter 11, Health and Safety Code, by adding Section 11.0045, as follows: Sec. 11.0045. COMPREHENSIVE STRATEGIC AND OPERATIONAL PLAN. Requires the board to develop, publish, and implement a comprehensive strategic and operational plan. Requires the board to publish, make available to the public, and submit the plan to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and committees of the senate and house of representatives that have oversight responsibilities regarding the board and TDH not later September 1 of each even-numbered year. Provides that the plan must specify and analyze TDH's missions and the methods it will use to integrate and coordinate all agency operations, address areas of overlap between programs in order to streamline agency operations, and sets forth other features the plan must include. SECTION 1.04. Amends Chapter 11, Health and Safety Code, by adding Section 11.0055, as follows: Sec. 11.0055. REQUIRED BOARD MEMBER TRAINING. Sets forth standard Sunset language regarding board member training. SECTION 1.05. Amends Section 11.006(a), Health and Safety Code, to amend existing language to conform to standard Sunset language regarding conflicts of interest. SECTION 1.06. Amends Section 11.009(c), Health and Safety Code, to set forth standard Sunset language regarding removal. SECTION 1.07. Amends Section 11.018(d), Health and Safety Code, to require TDH to maintain certain information on written complaints filed with TDH. SECTION 1.08. Amends Subchapter A, Chapter 12, Health and Safety Code, by adding Section 12.004, as follows: Sec. 12.004. DEVELOPMENT OF PROPOSED RULES. Requires the board to require TDH to establish and use a method for soliciting stakeholder input when developing rules for programs administered by TDH. Prohibits the challenge of a rule adopted by the board on the grounds that the board, commissioner, or TDH did not comply with this section. SECTION 1.09. Amends Subchapter B, Chapter 12, Health and Safety Code, by adding Section 12.0115, as follows: Sec. 12.0115. INTEGRATION OF HEALTH CARE DELIVERY PROGRAMS. Defines "health care delivery programs" under this section. Requires TDH to integrate health care delivery programs, including Medicaid and non-Medicaid programs, to the maximum extent possible. Specifies that at a minimum integration must include policy development and implementation, and contract development. Authorizes TDH to seek certain federal waivers. Prohibits TDH from integrating health care delivery programs in a way that affects the single state agency status of another state agency for federal purposes without obtaining the approval of the Health and Human Services Commission and any necessary federal approval. SECTION 1.10. Amends Subchapter B, Chapter 12, Health and Safety Code, by adding Sections 12.0123 and 12.0124, as follows: Sec. 12.0123. ANNUAL EXTERNAL AUDIT OF MEDICAID FISCAL AGENT. Defines "fiscal agent" under this section. Requires TDH, or any agency that administers the state's Medicaid program in the future to annually obtain an external audit of the Medicaid fiscal agent. Sec. 12.0124. ELECTRONIC FUNDS TRANSFER REQUIREMENT FOR MEDICAID FISCAL INTERMEDIARY. Requires a Medicaid fiscal intermediary who makes payments to service providers on behalf of TDH to use electronic funds transfer when making such payments. SECTION 1.11. Amends Subchapter B, Chapter 12, Health and Safety Code, by adding Sections 12.0145 and 12.0146, as follows: Sec. 12.0145. INFORMATION ABOUT ENFORCEMENT ACTIONS. Requires TDH to use electronic media, toll-free telephone lines and other appropriate methods to publish and provide information regarding final enforcement action taken by TDH, the commissioner, or the board against a person or facility regulated by TDH. Sec. 12.0146. TRENDS IN ENFORCEMENT. Requires TDH to publish enforcement trends annually. SECTION 1.12. Amends Section 466.001(a), Health and Safety Code, to designate TDH as the only state agency with the authority to regulate narcotic treatment programs within the state, by deleting the Texas Commission on Alcohol and Drug Abuse from the provision granting authority in this area. SECTION 1.13. Amends Section 466.002, Health and Safety Code, to make conforming changes. SECTION 1.14. Amends Section 466.004, Health and Safety Code, to make conforming changes. SECTION 1.15. Amends Section 466.022, Health and Safety Code, to make a conforming change. SECTION 1.16. Repealer: Section 11.016(c), Health and Safety Code, relating to public members on advisory committees. SECTION 1.17. Repealer: Section 466.005, Health and Safety Code. Repeals to make conforming changes. SECTION 1.18. Repealer: Section 503.008, Health and Safety Code. Repeals to remove the expiration date of the Toxic Substances Coordinating Committee. SECTION 1.19. Requires TDH to publish the first comprehensive strategic and operational plan required under Section 11.0045, Health and Safety Code, not later that September 1, 2000. SECTION 1.20. Requires TDH to conduct a one-time comprehensive impact study on the effects of Medicaid managed care on all populations served by TDH and on all health care providers, clinics, and hospitals . Requires TDH to submit the study to each presiding officer of each house of the legislature and of each legislative committee that has oversight responsibility for TDH, not later than November 1, 2000. SECTION 1.21. Requires TDH, as soon as possible after the effective date of this Act and to the extent allowed by federal law, but not later than September 1, 2001, to initiate a pilot project that integrates all appropriate health-care delivery activities, both Medicaid and non-Medicaid, into a managed care model. Provides that the pilot project terminates September 1, 2001, but authorizes TDH to continue successful elements of the project after that date. Requires TDH to make an interim report regarding it problems and progress in implementing the pilot project not later than September 1, 2000. Requires TDH to submit a final evaluation of the pilot project, in addition to a general evaluation of the duties imposed on it under Section 12.0115 (Integration of Health Care Delivery Programs), Health and Safety Code, as part of the comprehensive strategic and operational plan that TDH is required to publish not later than September 1, 2002. SECTION 1.22. Requires TDH, with the assistance of the state auditor, to conduct a comprehensive evaluation of its regulatory functions. Sets forth the elements the evaluation must include. Requires TDH to report the results of the evaluation to the legislature and to the board not later than November 1, 2000. SECTION 1.23. Specifies that the only hearings affected by the transfer under the Administrative Procedures Act of all contested cases from the commissioner and TDH to the State Office of Administrative Hearings, set forth in SECTION 1.01 (Section 2003.021, Government Code) of this Act, are those in which the notice of hearing is given on or after the effective date of this Act, September 1, 1999. Provides that this Act does not transfer from the commissioner, the board, or TDH the responsibility to conduct a fair hearing that is required under federal law. Provides that this Act does not require the commissioner, the board, or TDH to transfer personnel to the State Office of Administrative Hearings. SECTION 1.24. Sets forth instructional provisions regarding to prohibitions applying to members of the board. ARTICLE 2. LICENSURE OF HOSPITAL OUTPATIENT FACILITIES; FEES CHARGED TO HOSPITALS SECTION 2.01. Amends Section 241.023, Health and Safety Code, to provide that a license issued under this section for a hospital includes each outpatient facility that is not separately licensed, that is located apart from the hospital, and for which the hospital has submitted to the department a copy of a fire safety survey dated not earlier than one year before the submission date indicating approval by the proper local fire authority; and if the hospital is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association, documentation indicating that the outpatient facility is included within the hospital's accreditation. Provides that this provision only applies if the federal Department of Health and Human Services, Health Care Financing Administration, or the Office of the Inspector General adopts final or interim final rules requiring state licensure of outpatient facilities as a condition of the determination of provider-based status for Medicare reimbursement purposes. Makes conforming changes. SECTION 2.02. Amends Section 241.025, Health and Safety Code, to prohibit the hospital license fee from exceeding $15, rather than $10, per bed. Authorizes the establishment of a minimum license fee, rather than prohibiting the fee from being less than $200. Prohibits the minimum fee from exceeding $1,000, rather than 10,000. Provides the basis for a fee under this chapter (Hospitals). Makes a nonsubstantive change. SECTION 2.03. Amends Section 241.104, Health and Safety Code, to delete language that provides that the estimated cost is $105 per square foot, if an estimated construction cost cannot be established. Restructures the fee schedule for hospital plan reviews based on estimated construction cost by adding a fee bracket and increasing fees. Increases the minimum fee to $500, from $100, and the maximum to $1,000, from $400, for each field survey of construction plans reviewed under this section (Hospital Plan Reviews). Makes conforming changes. SECTION 2.04. Repealer: Amends Section 241.0231 (Temporary Initial License), Health and Safety Code. ARTICLE 3. AMBULATORY SURGICAL CENTERS; ADMINISTRATIVE PENALTIES SECTION 3.01. Amends Chapter 243, Health and Safety Code, by adding Sections 243.015 and 243.016, as follows: Sec. 243.015. IMPOSITION OF ADMINISTRATIVE PENALTY. Sets forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sec. 243.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. ARTICLE 4. BIRTHING CENTERS; ADMINISTRATIVE PENALTIES SECTION 4.01. Amends Chapter 244, Health and Safety Code, by adding Sections 244.015 and 244.016, as follows: Sec. 244.015. IMPOSITION OF ADMINISTRATIVE PENALTY. Sets forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sec. 244.016. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. ARTICLE 5. SPECIAL CARE FACILITIES; ADMINISTRATIVE PENALTIES SECTION 5.01. Amends Chapter 248, Health and Safety Code, by adding Subchapter D, Sections 248.101-248.113, to set forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. ARTICLE 6. ABUSABLE GLUES AND AEROSOL PAINTS; ADMINISTRATIVE PENALTY SECTION 6.01. Amends Chapter 485, Health and Safety Code, by adding Subchapter D, Sections 485.101-485.113, to set forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. ARTICLE 7. HAZARDOUS SUBSTANCES; ADMINISTRATIVE PENALTY SECTION 7.01. Amends Chapter 501, Health and Safety Code, by adding Subchapter D, Sections 501.101-501.113, to set forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. ARTICLE 8. FEES FOR PRIVATE MENTAL HOSPITALS AND CERTAIN OTHER MENTAL HEALTH FACILITIES SECTION 8.01. Amends Section 577.006, Health and Safety Code, to require TDH to charge each hospital an annual license fee for an initial license or a license renewal, rather than requiring the board to adopt certain hospital fees. Requires the board, by rule, to adopt these fees according to a schedule under which the number of beds in the hospital determines the amount of the fee. Prohibits the fee from exceeding $15 per bed. Authorizes that a minimum license fee be established. Prohibits the minimum fee from exceeding $1,000. Requires the board, by rule, to adopt fees for hospital plan reviews according to a schedule under which the amount of a fee is based on estimated construction costs. Sets forth the hospital plan review fee schedule. Requires TDH to charge a fee for field surveys of construction plans. Requires the board, by rule, to adopt a fee schedule for the surveys that provides a minimum fee of $500 and a maximum of $1,000 for each survey conducted, rather than prohibiting such a fee from exceeding $650. Requires that all license fees collected be deposited in the state treasury to the credit of TDH to administer and enforce this chapter (Private Mental Hospitals and Other Mental Health Facilities). Authorizes that these fees be appropriated only to TDH, rather than for specific purposes. ARTICLE 9. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE RADIATION ADVISORY BOARD SECTION 9.01. Amends Section 401.015, Health and Safety Code, by adding Subsections (d), (e), and (f), as follows: (d) Defines "Texas trade association" under this subsection. Sets forth standard Sunset language regarding prohibitions against conflicts of interest. (e) Sets forth standard Sunset language regarding prohibitions against conflicts of interest. (f) Sets forth standard Sunset language regarding equal opportunity. SECTION 9.02. Amends Subchapter B, Chapter 401, Health and Safety Code, by adding Sections 401.0151 through 401.0153, as follows: Sec. 401.0151. TRAINING FOR ADVISORY BOARD MEMBERS. Sets forth standard Sunset language regarding board member training. Sec. 401.0152. INFORMATION ABOUT STANDARDS OF CONDUCT. Sets forth standard Sunset language regarding board member standards of conduct. Sec. 401.0153. GROUNDS FOR REMOVAL. Sets forth standard Sunset language regarding grounds for removal. SECTION 9.03. Amends Section 401.016, Health and Safety Code, to set forth standard Sunset language regarding designation of the presiding officer by the governor. Makes conforming changes. SECTION 9.04. Amends Subchapter B, Chapter 401, Health and Safety Code, by adding Section 401.0181, as follows: Sec. 401.0181. PUBLIC TESTIMONY. Sets forth standard Sunset language regarding public testimony. SECTION 9.05. Sets forth instructional provisions regarding prohibitions applying to members of the radiation advisory board. ARTICLE 10. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE COUNCIL ON ALZHEIMER'S DISEASE SECTION 10.01. Amends Section 101.002, Health and Safety Code, by amending Subsection (c) and adding Subsection (d), as follows: (c) Amends existing language to conform with standard Sunset language regarding designation of the presiding officer by the governor. (d) Sets forth standard Sunset language regarding equal opportunity. SECTION 10.02. Amends Chapter 101, Health and Safety Code, by adding Sections 101.0021 through 101.0023, as follows: Sec. 101.0021. CONFLICT OF INTEREST. Sets forth standard Sunset language regarding prohibitions against conflicts of interest. Sec. 101.0022. GROUNDS FOR REMOVAL. Sets forth standard Sunset language regarding grounds for removal. Sec. 101.0023. TRAINING. Sets forth standard Sunset language regarding board member training. SECTION 10.03. Amends Chapter 101, Health and Safety Code, by adding Section 101.0065, as follows: Sec. 101.0065. PUBLIC TESTIMONY. Sets forth standard Sunset language regarding public testimony. SECTION 10.04. Amends Chapter 101, Health and Safety Code, by adding Section 101.0075, as follows: Sec. 101.0075. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES. Sets forth standard Sunset language regarding division of policy and management responsibilities. SECTION 10.05. Amends Chapter 101, Health and Safety Code, by adding Section 101.0081, as follows: Sec. 101.0081. INFORMATION ABOUT STANDARDS OF CONDUCT. Sets forth standard Sunset language regarding council member standards of conduct. SECTION 10.06. Sets forth instructional provisions regarding prohibitions applying to members of the Texas Council on Alzheimer's Disease and Related Disorders. ARTICLE 11. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE STATEWIDE HEALTH COORDINATING COUNCIL SECTION 11.01. Amends Section 104.011, Health and Safety Code, by adding Subsections (c) and (d), as follows: (c) Sets forth standard Sunset language regarding designation of the presiding officer by the governor. (d) Sets forth standard Sunset language regarding equal opportunity. SECTION 11.02. Amends Subchapter B, Chapter 104, Health and Safety Code, by adding Sections 104.0111 through 104.0113, as follows: Sec. 104.0111. CONFLICT OF INTEREST. Sets forth standard Sunset language regarding prohibitions against conflicts of interest. Sec. 104.0112. GROUNDS FOR REMOVAL. Sets forth standard Sunset language regarding grounds for removal. Sec. 104.0113. TRAINING. Sets forth standard Sunset language regarding board member training. SECTION 11.03. Amends Subchapter B, Chapter 104, Health and Safety Code by adding Sections 104.0141 and 104.0142, as follows: Sec. 104.0141. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES. Sets forth standard Sunset language regarding division of policy and management responsibilities. Sec. 104.0142. INFORMATION ABOUT STANDARDS OF CONDUCT. Sets forth standard Sunset language regarding council member standards of conduct. SECTION 11.04. Amends Subchapter B, Chapter 104, Health and Safety Code, by adding Section 104.016, as follows: Sec. 104.016. PUBLIC TESTIMONY. Sets forth standard Sunset language regarding public testimony. SECTION 11.05. Sets forth instructional provisions regarding prohibitions applying to members of the statewide health coordinating council. ARTICLE 12. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE TEXAS DIABETES COUNCIL SECTION 12.01. Amends Section 103.002(d), Health and Safety Code, to amend existing language to conform to standard Sunset language regarding equal opportunity. SECTION 12.02. Amends Section 103.006, Health and Safety Code, to amend existing language to conform to standard Sunset language regarding designation of the presiding officer by the governor. SECTION 12.03. Amends Chapter 103, Health and Safety Code, by adding Sections 103.0024 and 103.0025, as follows: Sec. 103.0024. TRAINING. Sets forth standard Sunset language regarding board member training. Sec. 103.0025. INFORMATION ABOUT STANDARDS OF CONDUCT. Sets forth standard Sunset language regarding board member standards of conduct. SECTION 12.04. Amends Chapter 103, Health and Safety Code, by adding Section 103.0105, as follows: Sec. 103.0105. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES. Sets forth standard Sunset language regarding division of policy and management responsibilities. SECTION 12.05. Sets forth instructional provisions regarding prohibitions applying to members of the Texas Diabetes Council. ARTICLE 13. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE ADVISORY BOARD OF ATHLETIC TRAINERS SECTION 13.01. Amends Section 2, Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.,) by amending Subsections (a) and (b) and adding Subsection (e), as follows: (a) Sets forth standard Sunset language regarding public membership. (b) Provides that all members of the advisory board hold office for terms of six years. Provides that the terms of two members expire on January 31 of each odd-numbered year. (e) Sets forth standard Sunset language regarding equal opportunity. SECTION 13.02. Amends Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by adding Sections 2B, 2C, 2D, 2E, and 2F, as follows: Sec. 2B. CONFLICT OF INTEREST. Sets forth standard Sunset language regarding prohibitions against conflicts of interest. Sec. 2C. GROUNDS FOR REMOVAL. Sets forth standard Sunset language regarding grounds for removal. Sec. 2D. TRAINING. Sets forth standard Sunset language regarding board member training. Sec. 2E. INFORMATION ABOUT STANDARDS OF CONDUCT. Sets forth standard Sunset language regarding advisory board member standards of conduct. Sec. 2F. DIVISION OF POLICY AND MANAGEMENT RESPONSIBILITIES. Sets forth standard Sunset language regarding division of policy and management responsibilities. SECTION 13.03. Amends Section 3, Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971, (Article 4512d, V.T.C.S.), by amending Subsection (a) and adding Subsection (d), as follows: (a) Sets forth standard Sunset language regarding designation of the presiding officer by the governor. Makes conforming changes. (d) Sets forth standard Sunset language regarding public testimony. SECTION 13.04. Amends Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by adding Section 4A, as follows: Sec. 4A. COMPLAINTS. Sets forth standard Sunset language regarding complaints filed with the board. SECTION 13.05. Amends Section 5, Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971, (Article 4512d, V.T.C.S.), by amending Subsection (c) and adding Subsection (j), as follows: (c) Deletes language requiring the advisory board to establish guidelines for athletic trainers in this state, which are authorized to include requirements for continuing education. (j) Sets forth standard Sunset language regarding continuing education. SECTION 13.06. Amends Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by adding Section 5A, as follows: Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 13.07. Amends Section 11, Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by amending Subsections (b)-(e) to update standard Sunset language regarding license renewal time frames. SECTION 13.08. Amends Section 12, Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by amending Subsection (a) and adding Subsection (b), as follows: (a) Amends existing language to conform with standard Sunset language regarding grounds for denial, suspension, or revocation of license. (b) Sets forth standard Sunset language regarding grounds for denial, suspension, or revocation of license. SECTION 13.09. Amends Chapter 498, Acts of the 62nd Legislature, Regular Session, 1971 (Article 4512d, V.T.C.S.), by adding Sections 15A and 15B, as follows: Sec. 15A. IMPOSITION OF ADMINISTRATIVE PENALTY. Sets forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sec. 15B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. SECTION 13.10. Sets forth instructional provisions regarding prohibitions applying to members of the Advisory Board of Athletic Trainers. SECTION 13.11. Sets forth instructional provisions regarding the expiration of terms of members of the Advisory Board of Athletic Trainers and the appointment of members by the governor. ARTICLE 14. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE REGULATION OF RESPIRATORY CARE PRACTITIONERS SECTION 14.01. Amends Chapter 829, Acts of the 69th Legislature, Regular Session, 1985 (Article 45121, V.T.C.S.), by adding Sections 3A and 3B, as follows: Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. Sets forth standard Sunset language regarding notification of exam results. Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 14.02. Amends Section 7, Chapter 829, Acts of the 69th Legislature, Regular Session, 1985 (Article 45121, V.T.C.S.), to set forth standard Sunset language regarding certificate renewal time frames. Makes conforming changes. SECTION 14.03. Amends Chapter 829, Acts of the 69th Legislature, Regular Session, 1985 (Article 45121, V.T.C.S.), by adding Section 7A, as follows: Sec. 7A. STAGGERED RENEWAL DATES. Sets forth standard Sunset language regarding the staggered renewal of certificates. ARTICLE 15. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE REGISTRATION OF DISPENSING OPTICIANS SECTION 15.01. Amends Subsection (b), Section 5, Article 4551-1, V.T.C.S. (Opticians' Registry Act), to make a conforming change. SECTION 15.02. Amends Article 4551-1, V.T.C.S. (Opticians' Registry Act), by adding Section 5A, as follows: Sec. 5A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 15.03. Amends Section 7, Article 4551-1, V.T.C.S. (Opticians' Registry Act), by adding Subsections (c)-(f), to set forth standard Sunset language regarding notice of exam results. SECTION 15.04. Amends Section 9, Article 4551-1, V.T.C.S. (Opticians' Registry Act), to set forth standard Sunset language regarding continuing education and certificate of registration renewal time frames. Makes conforming changes. SECTION 15.05. Amends Section 12, Article 4551-1, V.T.C.S. (Opticians' Registry Act), to set forth standard Sunset language regarding the full range of penalties applicable to a certificate of registration holder. Makes conforming changes. ARTICLE 16. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE REGULATION OF MEDICAL RADIOLOGICAL TECHNOLOGISTS SECTION 16.01. Amends Section 2.05(d), Article 4512m, V.T.C.S. (Medical Technologist Certification Act), to amend existing language to conform to standard Sunset language regarding continuing education. SECTION 16.02. Amends Article 4512m, V.T.C.S. (Medical Technologist Certification Act), by adding Section 2.055, as follows: Sec. 2.055. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 16.03. Amends Article 4512m, V.T.C.S. (Medical Technologist Certification Act), by adding Section 2.075, as follows: Sec. 2.075. PROVISIONAL CERTIFICATES. Sets forth standard Sunset language regarding provisional certificates. SECTION 16.04. Amends Section 2.09, Article 4512m, V.T.C.S. (Medical Technologist Certification Act), by amending Subsection (d) and adding Subsections (e)-(j), to set forth standard Sunset language regarding certificate renewal time frames. SECTION 16.05. Amends Article 4512m, V.T.C.S. (Medical Technologist Certification Act), by adding Sections 2.091 and 2.092, as follows: Sec. 2.091. NOTIFICATION OF EXAMINATION RESULTS. Sets forth standard Sunset language regarding notice of exam results. Sec. 2.092. STAGGERED RENEWAL DATES. Sets forth standard Sunset language regarding staggered certificate renewal dates. ARTICLE 17. ADMINISTRATIVE PENALTY AND STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE BOARD OF LICENSURE FOR PROFESSIONAL MEDICAL PHYSICISTS SECTION 17.01. Amends Section 5(d), Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), to amend existing language to conform to standard Sunset language regarding equal opportunity. SECTION 17.02. Amends Section 7(d), Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), to set forth standard Sunset language regarding public membership. SECTION 17.03. Amends Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by adding Sections 7A and 7B, as follows: Sec. 7A. CONFLICT OF INTEREST. Sets forth standard Sunset language regarding prohibitions against conflicts of interest. Sec. 7B. TRAINING. Sets forth standard Sunset language regarding board member training. SECTION 17.04. Amends Section 8, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), to set forth standard Sunset language regarding grounds for board member removal. Makes conforming changes. SECTION 17.05. Amends Section 10, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by amending Subsection (a) and adding Subsection (c), as follows: (a) Sets forth standard Sunset language regarding the appointment of the presiding officer of the board by the governor. (c) Sets forth standard Sunset language regarding public testimony. SECTION 17.06. Amends Section 11, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), to set forth standard Sunset language regarding continuing education and the division of policy and management responsibilities. Makes conforming changes. SECTION 17.07. Amends Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by adding Sections 11A and 11B, as follows: Sec. 11A. COMPLAINTS. Sets forth standard Sunset language regarding complaints filed with the board of licensure. Sec. 11B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 17.08. Amends Section 12, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by adding Subsection (c), as follows: (c) Sets forth standard Sunset language regarding board of licensure member standards of conduct. SECTION 17.09. Amends Section 18, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), as follows: Sec. 18. New Title: LICENSING BY ENDORSEMENT OR RECIPROCITY. Sets forth standard Sunset language regarding licensing by endorsement and reciprocity. Makes conforming changes. SECTION 17.10. Amends Section 21, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), to set forth standard Sunset language regarding the full range of penalties applicable to license holders. Makes conforming changes. SECTION 17.11. Amends Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by adding Sections 23A and 23B, as follows: Sec. 23A. IMPOSITION OF ADMINISTRATIVE PENALTY. Sets forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sec. 23B. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY; JUDICIAL REVIEW. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for judicial review. SECTION 17.12. Amends Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), by adding Section 27, as follows: Sec. 27. PROVISIONAL LICENSES. Sets forth standard Sunset language regarding provisional licenses. SECTION 17.13. Repealer: Subsection (e), Section 7, Article 4512n, V.T.C.S. (Texas Medical Physics Practice Act), concerning eligibility for membership on the board of licensure. SECTION 17.14. Sets forth instructional provisions regarding prohibitions applying to members of the Texas Board of Licensure for Professional Medical Physicists. ARTICLE 18. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE REGULATION OF MASSAGE THERAPISTS SECTION 18.01. Amends Subsection (b), Section 2, Chapter 752, Acts of the 69th Legislature, Regular Session, 1985, Article 4512k, V.T.C.S., to delete existing language to conform to standard Sunset language regarding licensure by endorsement and reciprocity. Makes conforming changes. SECTION 18.02. Amends Chapter 752, Acts of the 69th Legislature, Regular Session, 1985, Article 4512k, V.T.C.S., by adding Sections 2C and 2D, as follows: Sec. 2C. APPLICANT REGISTERED IN ANOTHER JURISDICTION. Sets forth standard Sunset language regarding licensure by endorsement and reciprocity. Sec. 2D. PROVISIONAL REGISTRATION. Sets forth standard Sunset language regarding provisional registration. SECTION 18.03. Amends Chapter 752, Acts of the 69th Legislature, Regular Session, 1985, Article 4512k, V.T.C.S., by adding Sections 7E, 7F, and 7G, as follows: Sec. 7E. NOTIFICATION OF EXAMINATION RESULTS. Sets forth standard Sunset language regarding notification of exam results. Sec. 7F. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING BY REGISTRANT. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. Sec. 7G. CONTINUING EDUCATION. Sets forth standard Sunset language regarding continuing education. SECTION 18.04. Amends Sections 11 and 12, Chapter 752, Acts of the 69th Legislature, Regular Session, 1985, Article 4512k, V.T.C.S., as follows: Sec. 11. REGISTRATION, DENIAL, PROBATION, SUSPENSION, OR REVOCATION. Sets forth standard Sunset language regarding the full range of penalties applicable to license holders. Sec. 12. RENEWAL OF REGISTRATION. Sets forth standard Sunset language regarding registration renewal time frames. ARTICLE 19. STANDARD SUNSET REVIEW PROVISIONS AND CERTAIN OTHER PROVISIONS APPLICABLE TO STATE REGULATION INVOLVING EMERGENCY MEDICAL SERVICES SECTION 19.01. Amends Subchapter A, Chapter 773, Health and Safety Code, by adding Section 773.012, as follows: Sec. 773.012. ADVISORY COUNCIL. (a) Requires the governor to appoint an emergency medical services (EMS) advisory council to advise the board regarding matters related to the responsibilities of the board, commissioner, and TDH under this chapter. Provides that the EMS advisory council is composed of 15 qualified members appointed by the governor. Sets forth standard Sunset language regarding public membership. Sets forth Sunset language regarding prohibitions against conflicts of interest, public membership, and appointment of the presiding officer by the governor. Provides that a member of the EMS advisory board serves without compensation. SECTION 19.02. Amends Section 773.050, Health and Safety Code, to set forth Sunset language regarding continuing education. Makes conforming changes. SECTION 19.03. Amends Subchapter C, Chapter 773, Health and Safety Code, by adding Section 773.0505, as follows: Sec. 773.0505. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 19.04. Amends Section 773.055, Health and Safety Code, by adding Subsections (g) and (h), as follows: (g) Sets forth standard Sunset language regarding the staggered renewal of certificates. (h) Requires TDH to ensure that examinations for EMS certification are conducted throughout the state. SECTION 19.05. Amends Section 773.059, Health and Safety Code, as follows: Sec. 773.059. LATE RECERTIFICATION. Sets forth standard Sunset language regarding registration renewal time frames. Makes conforming changes. SECTION 19.06. Amends Section 773.061, Health and Safety Code, to set forth standard Sunset language regarding the full range of penalties applicable to a license or certificate holder. Makes conforming changes. SECTION 19.07. Requires the board to abolish any advisory body created to perform the functions assigned to the advisory council created by Section 773.012, Health and Safety Code, as added by this Act. ARTICLE 20. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE REGULATION OF CERTAIN ASBESTOS-RELATED ACTIVITIES SECTION 20.01. Amends Article 4477-3a, V.T.C.S. (the Texas Asbestos Health Protection Act), by adding Section 5A, as follows: Sec. 5A. PROVISIONAL LICENSE OR REGISTRATION. Sets forth standard Sunset language regarding provisional licenses or registrations. SECTION 20.02. Amends Section 6, Article 4477-3a, V.T.C.S. (the Texas Asbestos Health Protection Act), by amending Subsections (a) and (f) and adding Subsections (g)-(k), to set forth standard Sunset language regarding staggered renewal of licenses, and license renewal time frames. SECTION 20.03. Amends Section 8, Article 4477-3a, V.T.C.S. (the Texas Asbestos Health Protection Act), by amending Subsection (a) and adding Subsection (g) to set forth standard Sunset language regarding the full range of penalties applicable to license holders. SECTION 20.04. Amends Section 9, Article 4477-3a, V.T.C.S. (the Texas Asbestos Health Protection Act), by amending Subsections (b) and (h) and adding Subsection (j) to set forth standard Sunset language regarding the full range of penalties applicable to license holders. SECTION 20.05. Amends Article 4477-3a, V.T.C.S. (the Texas Asbestos Health Protection Act), by adding Section 10A, as follows: Sec. 10A. NOTIFICATION OF EXAMINATION RESULTS. Sets forth standard Sunset language regarding notification of exam results. SECTION 20.06. Amends Article 4477-3a, V.T.C.S. (the Texas Asbestos Health Protection Act), by adding Section 12A, as follows: Sec. 12A. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. ARTICLE 21. STANDARD SUNSET REVIEW PROVISIONS APPLICABLE TO THE REGULATION OF CERTAIN LEAD-BASE PAINT ACTIVITIES SECTION 21.01. Amends Chapter 332, Acts of the 74th Legislature, Regular Session, 1995, Article 9029, V.T.C.S., by adding Sections 3A and 3B, as follows: Sec. 3A. NOTIFICATION OF EXAMINATION RESULTS. Sets forth standard Sunset language regarding notification of exam results. Sec. 3B. RULES REGARDING ADVERTISING OR COMPETITIVE BIDDING. Sets forth standard Sunset language concerning rules regarding advertising or competitive bidding. SECTION 21.02. Amends Chapter 332, Acts of the 74th Legislature, Regular Session, 1995, Article 9029, V.T.C.S., by adding Sections 6A, 6B, and 6C, as follows: Sec. 6A. EXPIRATION DATES ON CERTIFICATION OR ACCREDITATION. Sets forth standard Sunset language regarding staggered renewal of certification or accreditation. Sec. 6B. RENEWAL OF CERTIFICATION OR ACCREDITATION. Sets forth standard Sunset language regarding certification or accreditation renewal time frames. Sec. 6C. DISCIPLINARY ACTIONS. Sets forth standard Sunset language regarding the full range of penalties applicable to certification or accreditation holders. ARTICLE 22. EFFECTIVE DATE; EMERGENCY SECTION 22.01. Effective date: September 1, 1999. SECTION 22.02. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2085 modifies the original, as follows: ARTICLE 1. Adds new SECTION 1.16 which repeals Section 11.016(c), Health and Safety Code, relating to public members on advisory committees. Section 2110.002, Government Code, specifies the composition of advisory committees. Sections 1.17-1.24 redesignated from proposed Sections 1.16-1.23. ARTICLE 2. Adds new ARTICLE 2 relating to licensure of hospital outpatient facilities, and fees imposed on hospitals by TDH. ARTICLES 3-7. Redesignated from proposed ARTICLES 2-6, respectively. Amends language in the first section of each article to conform to standard administrative penalty language currently in statute for other entities regulated by TDH. ARTICLE 8. Adds a new ARTICLE 8 relating to fees for private mental hospitals and certain other mental health facilities. Modifies rulemaking authority previously delegated to the Texas Board of Health. ARTICLE 9. Redesignated from proposed ARTICLE 7. SECTION 9.01. Substitutes "health physics or radiological health" for "radiography," to make a technical correction. ARTICLES 10-12. Redesignated from proposed ARTICLES 8-10, respectively. ARTICLE 13. Redesignated from ARTICLE 11. SECTION 13.09. Amends language to conform to standard administrative penalty language currently in statute for other entities regulated by TDH. ARTICLES 14-16. Redesignated from ARTICLES 12-14, respectively. ARTICLE 17. Redesignated from ARTICLE 15. SECTION 17.11. Amends language to conform to standard administrative penalty language currently in statute for other entities regulated by TDH. ARTICLE 18. Redesignated from ARTICLE 16. ARTICLE 19. Redesignated from ARTICLE 17. SECTION 19.06. Substitutes "department" for "board," to make a technical correction. ARTICLES 19-22. Redesignated from ARTICLES 17-20, respectively.