HBA-NMO S.B. 314 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 314
By: Ellis
Public Health
3/31/1999
Engrossed



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.