By: Martinez (Senate Sponsor - Taylor of Collin) H.B. No. 442          (In the Senate - Received from the House April 24, 2017;   May 10, 2017, read first time and referred to Committee on Business &   Commerce; May 22, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 8, Nays 0;   May 22, 2017, sent to printer.)Click here to see the committee vote    COMMITTEE SUBSTITUTE FOR H.B. No. 442 By:  Creighton     A BILL TO BE ENTITLED   AN ACT     relating to the licensing and regulation of certain professions,   including the online publication of home addresses of certain   occupational license holders.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 403, Occupations Code, is   amended by adding Section 403.053 to read as follows:          Sec. 403.053.  PUBLISHING LICENSE HOLDER HOME ADDRESS   PROHIBITED. (a) The department may not include the home address of   a person licensed under this chapter in a roster, registry, or other   database the department publishes on the department's Internet   website unless the person requests that the person's home address   appear in the roster, registry, or other database on the website. A   request under this subsection must be made in the manner prescribed   by the department.          (b)  The home address of a person licensed under this chapter   that is included in a roster, registry, or other database the   department maintains is public information and is not excepted from   required disclosure under Chapter 552, Government Code.          SECTION 2.  Section 501.059, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing board operations;                (2)  [this chapter and] the programs, functions, rules,   and budget of the board;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the types of board rules, interpretations, and   enforcement actions that may implicate federal antitrust law by   limiting competition or impacting prices charged by persons engaged   in a profession or business the board regulates, including rules,   interpretations, and enforcement actions that:                      (A)  regulate the scope of practice of persons in   a profession or business the board regulates;                      (B)  restrict advertising by persons in a   profession or business the board regulates;                      (C)  affect the price of goods or services   provided by persons in a profession or business the board   regulates; and                      (D)  restrict participation in a profession or   business the board regulates;                (5) [(2)]  the results of the most recent formal audit   of the board;                (6) [(3)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (7) [(4)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b). The   executive director shall distribute a copy of the training manual   annually to each board member. On receipt of the training manual,   each board member shall sign and submit to the executive director a   statement acknowledging receipt of the training manual.          SECTION 3.  Sections 501.158(c) and (e), Occupations Code,   are amended to read as follows:          (c)  The board shall issue an order requiring a [an applicant   or] person [seeking renewal of a provisional license] who refuses   to submit to an examination under this section to show cause for the   person's refusal at a hearing on the order scheduled for not later   than the 30th day after the date notice is served on the person. The   board shall provide notice under this section by personal service   or by registered mail, return receipt requested.          (e)  Unless the request is withdrawn, the board may take   disciplinary action against a person who refuses to submit to the   physical or mental examination [may not take the provisional   license examination or renew the person's license, as appropriate].          SECTION 4.  Sections 501.205(a) and (b), Occupations Code,   are amended to read as follows:          (a)  Except as provided by Subsection (b), a complaint and   investigation [concerning a license holder] and all information and   materials compiled by the board in connection with the complaint   and investigation are not subject to:                (1)  disclosure under Chapter 552, Government Code; or                (2)  disclosure, discovery, subpoena, or other means of   legal compulsion for release of information to any person.          (b)  A complaint or investigation [subject to Subsection   (a)] and all information and materials compiled by the board in   connection with the complaint may be disclosed to:                (1)  the board and board employees or agents involved   in license holder discipline;                (2)  a party to a disciplinary action against the   license holder or that party's designated representative;                (3)  a law enforcement agency if required by law;                (4)  a governmental agency, if:                      (A)  the disclosure is required or permitted by   law; and                      (B)  the agency obtaining the disclosure protects   the identity of any patient whose records are examined; or                (5)  a legislative committee or committee staff   directed to make an inquiry regarding state hospitals or schools,   by either house of the legislature, the presiding officer of either   house of the legislature, or the chairman of the legislative   committee if the information or records that identify a patient or   client are not released for any purpose unless the patient consents   and the records are created by the state hospital or school or its   employees.          SECTION 5.  The heading to Section 501.301, Occupations   Code, is amended to read as follows:          Sec. 501.301.  LICENSE EXPIRATION AND RENEWAL.          SECTION 6.  Section 501.301(a), Occupations Code, is amended   to read as follows:          (a)  The board shall adopt rules providing for the expiration   and renewal of a [A] license issued under this chapter. The rules   must require a license be renewed annually or biennially [expires   on December 31 of the year following the date the license is issued   or renewed. A license of a psychological associate expires on May   31 of the year following the date the license is issued or renewed].          SECTION 7.  Subchapter I, Chapter 501, Occupations Code, is   amended by adding Section 501.411 to read as follows:          Sec. 501.411.  REMEDIAL PLAN. (a) The board may issue and   establish the terms of a remedial plan to resolve the investigation   of a complaint filed under this chapter.          (b)  The board by rule shall establish the types of   complaints or violations that may be resolved with a remedial plan.   The rules must provide that a remedial plan may not be imposed to   resolve a complaint:                (1)  involving conduct that poses a significant risk of   harm to a patient; or                (2)  in which the appropriate resolution may involve   revoking, suspending, limiting, or restricting a person's license.           (c)  A remedial plan may not contain a provision that:                (1)  revokes, suspends, limits, or restricts a person's   license; or                (2)  assesses an administrative penalty against a   person.          (d)  The board may not issue a remedial plan to resolve a   complaint against a license holder if the license holder has   previously entered into a remedial plan with the board for the   resolution of a different complaint filed under this chapter.          (e)  The board may assess a fee against a license holder   participating in a remedial plan in an amount necessary to recover   the costs of administering the plan.          SECTION 8.  Section 502.059, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing board operations [this chapter];                (2)  the programs, [operated by the board;                [(3)  the role and] functions, [of the board;                [(4)  the] rules, and [of the board, with an emphasis on   the rules that relate to disciplinary and investigatory authority;                [(5)  the current] budget of [for] the board;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the types of board rules, interpretations, and   enforcement actions that may implicate federal antitrust law by   limiting competition or impacting prices charged by persons engaged   in a profession or business the board regulates, including rules,   interpretations, and enforcement actions that:                      (A)  regulate the scope of practice of persons in   a profession or business the board regulates;                      (B)  restrict advertising by persons in a   profession or business the board regulates;                      (C)  affect the price of goods or services   provided by persons in a profession or business the board   regulates; and                      (D)  restrict participation in a profession or   business the board regulates;                (5) [(6)]  the results of the most recent formal audit   of the board;                (6) [(7)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts   [conflict] of interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (7) [(8)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b). The   executive director shall distribute a copy of the training manual   annually to each board member. On receipt of the training manual,   each board member shall sign and submit to the executive director a   statement acknowledging receipt of the training manual.          SECTION 9.  Section 502.252(c), Occupations Code, is amended   to read as follows:          (c)  An applicant is eligible to apply for a license as a   licensed marriage and family therapist if the person:                (1)  meets the requirements of Subsection (b);                (2)  after receipt of a degree described by Subsection   (b)(4), has completed two years of work experience in marriage and   family therapist services that includes at least 3,000 hours of   clinical practice consisting of [which:                      [(A)]  at least 1,500 hours [consist] of direct   clinical services, including a minimum number of [; and (B)     at   least 750] hours providing [consist of] direct clinical services to   couples or families as required by board rule; and                (3)  has completed, in a manner acceptable to the   board, at least 200 hours of supervised provision of direct   clinical services by the applicant, 100 hours of which must be   supervised on an individual basis.          SECTION 10.  Section 503.110, Occupations Code, is amended   by amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing board operations;                (2)  [this chapter and] the [board's] programs,   functions, rules, and budget of the board;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the types of board rules, interpretations, and   enforcement actions that may implicate federal antitrust law by   limiting competition or impacting prices charged by persons engaged   in a profession or business the board regulates, including rules,   interpretations, and enforcement actions that:                      (A)  regulate the scope of practice of persons in   a profession or business the board regulates;                      (B)  restrict advertising by persons in a   profession or business the board regulates;                      (C)  affect the price of goods or services   provided by persons in a profession or business the board   regulates; and                      (D)  restrict participation in a profession or   business the board regulates;                (5) [(2)]  the results of the most recent formal audit   of the board;                (6) [(3)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing   conflicts-of-interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (7) [(4)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b).  The   executive director shall distribute a copy of the training manual   annually to each board member. On receipt of the training manual,   each board member shall sign and submit to the executive director a   statement acknowledging receipt of the training manual.          SECTION 11.  Section 503.207, Occupations Code, is amended   by adding Subsections (c) and (d) to read as follows:          (c)  The board may not include the home address of a person   licensed under this chapter in a registry the board publishes on the   board's Internet website unless the person requests that the   person's home address appear in the registry on the website. A   request under this subsection must be made in the manner prescribed   by the board.          (d)  The home address of a person licensed under this chapter   that is included in the registry the board prepares under this   section is public information and is not excepted from required   disclosure under Chapter 552, Government Code.          SECTION 12.  Section 504.055, Occupations Code, is amended   by adding Subsections (e) and (f) to read as follows:          (e)  The department may not include the home address of a   person licensed by the department in a roster the department   publishes on the department's Internet website unless the person   requests that the person's home address appear in the roster on the   website. A request under this subsection must be made in the manner   prescribed by the department.          (f)  The home address of a person licensed under this chapter   that is included in a roster the department prepares under this   section is public information and is not excepted from required   disclosure under Chapter 552, Government Code.          SECTION 13.  Section 505.109, Occupations Code, is amended   by amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing [legislation that created the]   board operations;                (2)  [and] the [board's] programs, functions, rules,   and budget of the board;                (3)  the scope of and limitations on the rulemaking   authority of the board;                (4)  the types of board rules, interpretations, and   enforcement actions that may implicate federal antitrust law by   limiting competition or impacting prices charged by persons engaged   in a profession or business the board regulates, including rules,   interpretations, and enforcement actions that:                      (A)  regulate the scope of practice of persons in   a profession or business the board regulates;                      (B)  restrict advertising by persons in a   profession or business the board regulates;                      (C)  affect the price of goods or services   provided by persons in a profession or business the board   regulates; and                      (D)  restrict participation in a profession or   business the board regulates;                (5) [(2)]  the results of the most recent formal audit   of the board;                (6) [(3)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (7) [(4)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director shall create a training manual   that includes the information required by Subsection (b). The   executive director shall distribute a copy of the training manual   annually to each board member. On receipt of the training manual,   each board member shall sign and submit to the executive director a   statement acknowledging receipt of the training manual.          SECTION 14.  Section 505.205, Occupations Code, is amended   by adding Subsections (d) and (e) to read as follows:          (d)  The board may not include the home address of a person   licensed under this chapter in a roster the board publishes on the   board's Internet website unless the person requests that the   person's home address appear in the roster on the website. A   request under this subsection must be made in the manner prescribed   by the board.          (e)  The home address of a person licensed under this chapter   that is included in the roster the board prepares under this section   is public information and is not excepted from required disclosure   under Chapter 552, Government Code.          SECTION 15.  The following provisions of the Occupations   Code are repealed:                (1)  Section 501.152(b);                (2)  Section 502.153(b);                (3)  Section 503.202(b); and                (4)  Section 505.203(b).          SECTION 16.  (a) Except as provided by Subsection (b) of   this section, Sections 501.059, 502.059, 503.110, and 505.109,   Occupations Code, as amended by this Act, apply to a member of the   applicable board appointed before, on, or after the effective date   of this Act.          (b)  A member of a board who, before the effective date of   this Act, completed the training program required by Section   501.059, 502.059, 503.110, or 505.109, Occupations Code, as the   applicable law existed before the effective date of this Act, is   required to complete additional training only on the subjects added   by this Act to the training program required by Section 501.059,   502.059, 503.110, or 505.109, Occupations Code, as applicable.  A   board member described by this subsection may not vote, deliberate,   or be counted as a member in attendance at a meeting of the board   held on or after December 1, 2017, until the member completes the   additional training.          SECTION 17.  Section 502.252, Occupations Code, as amended   by this Act, applies only to an application for a license submitted   on or after the date on which rules adopted by the Texas State Board   of Examiners of Marriage and Family Therapists under that section   take effect. An application submitted before that date is governed   by the law in effect immediately before the effective date of this   Act, and the former law is continued in effect for that purpose.          SECTION 18.  This Act takes effect September 1, 2017.     * * * * *