HBA-MSH H.B. 2248 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2248 By: Goodman Public Health 4/12/2001 Introduced BACKGROUND AND PURPOSE Clinical nutrition is a specialization within the science of nutrition that applies principles derived from current nutritional, biochemical, and physiological knowledge to promote and maintain optimal health. While there is a regulatory body for dieticians, there is no regulatory body for clinical nutritionists practicing in the state of Texas. House Bill 2248 establishes the Texas State Board of Examiners of Clinical Nutritionists to regulate the licensing and examination of clinical nutritionists. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas State Board of Examiners of Clinical Nutritionists in SECTION 1 (Sections 703.057, 703.058, 703.152, 703.154, 703.156, 703.202, 703.204, 703.252, 703.253, 703.255, 703.261, 703.302, 703.305, 703.306, 703.404, and 703.406 Occupations Code) of this bill. ANALYSIS House Bill 2248 amends the Occupations Code to set forth the Licensed Clinical Nutritionist Act (LCNA). The bill creates the Texas State Board of Examiners of Clinical Nutritionists (board) composed of nine members appointed by the governor with the advice and consent of the Senate who serve staggered six year terms (Sections 703.051 and 703.054). The bill sets forth provisions relating to the composition of the board, the qualifications of board members, grounds for removal from the board, and administration and operation of the board (Sections 703.052, 703.053, 703.055-703.059, 703.104-703.106, and SECTION 2). The bill requires the board to employ an executive director and sets forth the powers and duties of the executive director (Sections 703.101 and 703.102). The bill requires Texas Department of Health (TDH) personnel to administer the LCNA as agents of the board (Sec. 703.103). The bill requires the executive director or designee to develop an intra-agency career ladder program and a system of annual performance evaluations (Sec. 703.107). The bill authorizes the board to adopt rules necessary to implement the LCNA and requires the board to consider the rules and procedures of the Texas Board of Health and TDH and to adopt procedural rules that are not inconsistent with similar existing rules and procedures (Sec. 703.152). The bill sets forth the duties of the board with respect to licensing, establishing administrative fees, and adopting a code of ethics and an official seal (Sec. 703.151 and Sec. 703.156). After consultation with the commissioner of public health or TDH, the board is required by rule to set reasonable and necessary fees that are adequate to collect sufficient revenue to meet administrative expenses. The bill sets forth provisions regarding how money collected from the fees shall be deposited (Sec. 703.154 and 703.155). The bill prohibits the board from adopting rules restricting competitive bidding or advertising by a person regulated by the board except to prohibit false, misleading, or deceptive practices and provides specific rules that may not be adopted for this purpose (Sec. 703.153). The bill sets forth the powers and duties of the Texas Board of Health in administering the LCNA (Sec. 703.157). The bill requires the board to prepare information of public interest describing the board's functions and the procedures by which complaints are processed and to make the information available to the public and appropriate state agencies (Sec. 703.201). The bill requires the board by rule to establish methods by which consumers and service recipients are notified of the contact information for filing complaints with the board, and provides a protocol for maintaining complaint files and the investigation and disposition of complaints (Secs. 703.202-703.204). The board is required to develop and implement policies that provide the opportunity for public input regarding any issue under the board's jurisdiction and to prepare and maintain a written plan describing how a person who does not speak English may be provided with access to board programs (Sec. 703.205). The bill prohibits a person from practicing as a clinical nutritionist unless the person holds a license issued under the LCNA (Sec. 703.251). The bill establishes provisions regarding licensing, license expiration and renewal, investigations, and required examinations and continuing education (Secs. 703.252-703.261 and 703.301-703.306). The bill sets forth provisions relating to how and where a clinical nutritionist may practice (Sec. 703.351). The bill requires a person licensed under the provisions of this bill to display the license certificate in an appropriate and public manner and provides that a license is the property of the board and must be surrendered upon demand (Sec. 703.352). A license holder is required to keep TDH informed of the license holder's current address (Sec. 703.353). The bill prohibits a person who is not licensed under the LCNA from using the seal or any title or initial that represents or implies the person is a licensed clinical nutritionist (Secs. 703.354 and 703.401). The bill establishes grounds for disciplinary action against a license holder, sets forth provisions regarding probating or sanctioning a license holder and the administrative procedures for suspending or revoking a license (Secs. 703.402-703.407). The bill provides that a person commits a Class B Misdemeanor if the person knowingly or intentionally violates the LCNA or a rule adopted by the Texas Board of Health under the LCNA (Sec. 703.451) The bill requires the board to waive until September 1, 2002 the examination requirement for a person that has at least five years of experience in clinical nutrition, a person who holds a clinical nutrition authorization issued by a national certifying entity recognized by the board, or certain health care providers with appropriate academic credentials and three years of experience in clinical nutrition (SECTION 2). The bill provides that the board is subject to the Texas Sunset Act and unless continued in existence, the board is abolished and this bill expires September 1, 2005 (Sec. 703.004). EFFECTIVE DATE September 1, 2001. Provisions applying to criminal penalties and the requirement of license to practice clinical nutrition take effect January 1, 2002.