Jurisprudenece Exam II

License

"License" means a license, certificate, registration, permit, or other form of authorization required by law or a state agency rule that must be obtained by an individual to engage in a particular occupation or profession.

"Public interest"

"Public interest" means protection from a present and recognizable harm to public health, safety, or welfare. The term does not include speculative threats, or other non- demonstrable menaces to public health, safety, or welfare. For the purposes of this subdivision, the term "welfare" includes the financial health of the public when the absence of governmental regulation unreasonably increases risk and liability to broad classes of consumers. (b) In an assessment of an agency that licenses an occupation or profession, the commission and its staff shall consider: (1) whether the occupational licensing program: (A) serves a meaningful, defined public interest; and (B) provides the least restrictive form of regulation that will adequately protect the public interest; (2) the extent to which the regulatory objective of the occupational licensing program may be achieved through market forces, private or industry certification and accreditation programs, or enforcement of other law; (3) the extent to which licensing criteria, if applicable, ensure that applicants have occupational skill sets or competencies that correlate with a public interest and the impact that those criteria have on applicants, particularly those with moderate or low incomes, seeking to enter the occupation or profession; and (4) the impact of the regulation, including the extent to which the program stimulates or restricts competition and affects consumer choice and the cost of services. (c) As part of the commission's review of an agency that licenses an occupation or profession, the commission and its staff shall determine whether the governing body of the agency being reviewed has made an evaluation regarding the type of personal information of license holders that the agency should make available on the agency's Internet website based on the following factors: (1) the type of information the public needs to file a complaint with the agency; (2) the type of information the public needs to locate an existing or potential service provider; (3) the type of information the public needs to verify a license; and (4) whether making the information available on the agency's Internet website could subject a license holder to harassment, solicitation, or other nuisance. (d) If the commission determines that the governing body of an agency has not completed the evaluation described by Subsection (c), the commission shall make a recommendation that the governing body of the agency perform such an evaluation.

State agency

"State agency" means an entity expressly made subject to this chapter. (2) "Advisory committee" means a committee, council, commission, or other entity created under state law whose primary function is to advise a state agency. (3) "Commission" means the Sunset Advisory Commission.

GROUNDS FOR REMOVAL. (a) It is a ground for removal from the advisory board that a member:

(1) does not have at the time of taking officethe qualifications required by Section 202.051 or 202.053; (2) does not maintain during service on the advisory board the qualifications required by Section 202.051 or202.053; (3) is ineligible for membership under Section 202.054; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of theregularly scheduled advisory board meetings that the member is eligible to attend during a calendar year unless the absence is excused by a majority vote ofthe advisory board. (b) The validity of an action of the advisory board is not affected by the fact that the action is taken when a ground for removal of an advisory [a] board memberexists. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the [president of the board of the potential ground. The president shall then notify the] governor and the attorney general that a potential ground for removal exists. [If the potential ground for removal involves the president, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.]

On application, the department [board] shall grant a provisional license to practice podiatry to an applicant who:

(1) is licensed in good standing as a podiatrist in another state that has licensing requirements that are substantially equivalent to the requirements of this chapter; (2) has passed a national or other examination recognized by the department [board] relating to the practice of podiatry; and (3) is sponsored by a person licensed under this chapter with whom the provisional license holder may practice under this section. (b) The department [board] may excuse an applicant for a provisional license from the requirement of Subsection (a)(3)if the department [board] determines that compliance with that subdivision [subsection] constitutes a hardship to the applicant. (c) A provisional license is valid until the date the department [board] approves or denies the provisional license holder's application for a license. Except as provided by Subsection (e), the department [board] shall issue a license under this chapter to the holder of a provisional license under this section if: (1) the provisional license holder passes the examination required by Section 202.254; (2) the department [board] verifies that the provisional license holder has the academic and experience requirements for a license under this chapter; and (3) the provisional license holder satisfies any other license requirements under thischapter. (d) The department [board] shall complete the processing of a provisional license

(f) For purposes of this section, a podiatry or chiropody school is reputable if:

(1) the course of instruction consists of four terms of approximately eight months each, or the substantial equivalent; and (2) the school is approved by the department

A person may not be a member of the advisory board

(1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care. (c) A person may not be a member of the advisory board f the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the advisory board.

TRAINING

(a) A person who is appointed to and qualifies for office as a member of the advisory board may not vote, deliberate, or be counted as a member in attendance at a meeting of the advisory board until the person completes a training program that complies with this section. (b) The training program must provide the person with information regarding: (1) thischapter; programs, functions, and rules with respect to this chapter the results of the most recent formal audit of the department with respect to this chapter (4) the scope and limitations on the rulemaking authority of the advisory board; (5) the types of 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 regulated under this chapter, including rules, interpretations, and enforcement actions that: (A) regulate the scope of practice of persons in a profession or business regulated under thischapter; (B) restrict advertising by persons in a profession or business regulated under this chapter; (C) affect the price of goods or services provided by persons in a profession or business regulated under this chapter; and (D) restrict participation in a profession or business regulated under this chapter; (6) the requirementsof: (A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and (B) other laws applicable to members ofthe advisory board in performing the members' duties; andany applicable ethics policies adopted by the commission [board] or the Texas Ethics Commission. (c) 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 advisory board member. On receipt of the training manual, each advisory board member shall sign and submit to the executive director a statement acknowledging receipt of the training manual.

RESTRICTED LICENSE TERM.

(a) A restricted license issued under Section 51.357 is valid for the term provided for an unrestricted license of the same type. (b) A restricted license may be renewed by complying with the requirements for the renewal of an unrestricted license of the same type. (c) On the expiration of the term of a restricted license and the receipt by the department of a license renewal application, there is a rebuttable presumption that the applicant is entitled to issuance by the department of an unrestricted license. (d) The presumption under Subsection (c) may be rebutted by the department's determination that: (1) the applicant failed to comply with any condition imposed under Section 51.357; (2) the applicant is not in good standing with the department; or (3) issuing an unrestricted license to the applicant would result in an increased risk of harm to any person or property.

PROCEDURE AFTER TERMINATION.

(a) A state agency that is abolished in an odd-numbered year may continue in existence until September 1 of the following year to conclude its business. Unless the law provides otherwise, abolishment does not reduce or otherwise limit the powers and authority of the state agency during the concluding year. A state agency is terminated and shall cease all activities at the expiration of the one-year period. Unless the law provides otherwise, all rules that have been adopted by the state agency expire at the expiration of the one-year period. (b) Any unobligated and unexpended appropriations of an abolished agency or advisory committee lapse on September 1 of the even-numbered year after abolishment. (c) Except as provided by Subsection (f) or as otherwise provided by law, all money in a dedicated fund of an abolished state agency or advisory committee on September 1 of the even- numbered year after abolishment is transferred to the General Revenue Fund. The part of the law dedicating the money to a specific fund of an abolished agency becomes void on September 1 of the even-numbered year after abolishment. (d) Unless the law or a rider in the General Appropriations Act provides otherwise, an abolished state agency or advisory committee funded in the General Appropriations Act for both years of the biennium may not spend or obligate any of the money appropriated to it for the second year of the biennium.

COMMISSION REPORT

(a) At each regular legislative session, the commission shall present to the legislature and the governor a report on the agencies and advisory committees reviewed. (b) In the report the commission shall include: (1) its findings regarding the criteria prescribed by Section 325.011, except Section 325.011(14);(2) its recommendations based on the matters prescribed by Section 325.012, except recommendations relating to criteria prescribed by Section 325.011(14); and (3) other information the commission considers necessary for a complete review of the agency.

training manual

(a) Before February 1 of the year a state agency subject to this chapter and its advisory committees are abolished, the commission shall conduct public hearings concerning but not limited to the application to the agency of the criteria provided in Section 325.011. (b) The commission may hold the public hearings after the review of the agency required by Section 325.008(a)(3) is complete and available to the public. (c) Notwithstanding Subsection (a), the commission may not discuss in a public hearing the application to an agency of the criteria provided in Section 325.011(14). The commission staff shall notify the commission of any findings and recommendations regarding the criteria provided in Section 325.011(14).

AGENCY REPORT TO COMMISSION.

(a) Before September 1 of the odd-numbered year before the year in which a state agency subject to this chapter is abolished, the agency shall report to the commission: (1) information regarding the application to the agency of the criteria in Section 325.011; and (2) any other information that the agency considers appropriate or that is requested by the commission. (b) The reports under Subsection (a) must be submitted in electronic format only. The commission shall prescribe the electronic format to be used.

EXAMINATIONS

(a) Not later than the 30th day after the date a person takes a license examination, the department shall notify the person of the results of the examination. (b) If the examination is graded or reviewed by a testing service: (1) the department shall notify the person of the results of the examination not later than the 14th day after the date the department receives the results from the testing service; and (2) if notice of the examination results will be delayed for longer than 90 days after the examination date, the department shall notify the person of the reason for the delay before the 90th day. (c) The department may require a testing service to: (1) notify a person of the results of the person's examination; or (2) collect a fee for administering a license examination from a person taking the examination.

LICENSE ELIGIBILITY REQUIREMENTS FOR APPLICANTS WITH MILITARY EXPERIENCE.

(a) Notwithstanding any other law, the department shall credit verified military service, training, or education toward the licensing requirements, other than examination requirements, for a license issued by the department. (b) The commission shall adopt rules necessary to implement this section.

REFUND

(a) Subject to Subsection (b), the commission or executive director may order a license holder to pay a refund to a consumer as provided in an agreed settlement, default order, or commission order instead of or in addition to imposing an administrative penalty or sanction. (b) The amount of a refund ordered may not exceed the amount the consumer paid to the license holder for a service regulated by the department. The commission or executive director may not require payment of other damages or estimate harm in a refund order.

TEMPORARY LICENSE

(a) The commission by rule may provide for the issuance of a temporary license to an applicant who: (1) submits to the executive director an application on a form prescribed by the executive director; (2) meets preliminary qualifications established by commission rule; and (3) pays any required fees. (b) A temporary license issued under this section expires on the 21st day after the date of issuance and may not be renewed. (c) A temporary license holder is subject to: (1) this chapter; (2) any law applicable to the activity for which the license is required; and (3) any rule of the commission or the executive director applicable to the license.

FINANCIAL DISCLOSURE STATEMENT.

(a) The commission by rule may require a person, other than an individual, applying for a license issued by the department to submit with the license application a financial disclosure statement. The rules may require any of the following information to be disclosed based on the type of license for which the application is submitted: (1) the name of the applicable business entity; (2) the name of each person who has a direct financial investment in the business; (3) the name of each person, other than an individual, who: and (2); (A) has a financial investment in the business; (B) is not otherwise disclosed under Subdivision (4) the total amount or percentage of the financial investment made by each person described by Subdivision (2); and (5) the name of each of the following persons associated with the business, if the person is not otherwise disclosed under Subdivision (2) or (3): (A) a partner; (B) an officer; and (C) a director; (D) a managing employee; (E) an owner or person who controls the owner; (F) a person who acts as a controlling person of the business through the exercise of direct or indirect influence or control over the management of the business, the expenditure of money by the business, or a policy of the business, including: (i) any management company, landlord, marketing company, or similar person who operates or contracts for the operation of the business and, if the business is a publicly traded corporation or is controlled by a publicly traded corporation, any officer or director of the corporation; (ii) an individual who has a personal, familial, or other relationship with an owner, manager, landlord, tenant, or provider of a business that allows the individual to exercise actual control of the business; and (iii) any other person the commission by rule requires to be included based on the person's exercise of direct or indirect influence or control other than a shareholder or lender of the corporation. (b) The department may deny an application for the issuance or renewal of a license or may suspend or revoke a license on the grounds that an applicant or license holder: (1) fails to disclose a relationship for which disclosure is required by rules adopted under this section; or (2) discloses a relationship for which disclosure is required by rules adopted under this section with a person whose license was revoked or who has failed to comply with an order of the commission or executive director.

INACTIVE STATUS

(a) The commission may adopt rules to allow a license holder to place a license issued by the department on inactive status by: (1) submitting, on a form prescribed by the department, an application for inactive status to the department not later than the expiration date of the license; and (2) paying the required fee. (b) Except as provided by Subsection (f), a person whose license is on inactive status is not required to complete continuing education required under this chapter, a law establishing a program regulated by the department, or a rule adopted by the commission. (c) A person whose license is on inactive status may reapply for inactive status before the expiration date of the license. The person must pay the required fee. (d) A person whose license is on inactive status may not engage in any activity for which the license is required. (e) A license holder may not employ a person for an activity for which a license is required if the person's license is on inactive status.(f) A person whose license is on inactive status may return the license to active status by: (1) applying to the department for active status on a form prescribed by the department; (2) paying the required fee; and (3) providing evidence satisfactory to the department that the person has completed the number of hours of continuing education that would otherwise have been required for a renewal of an active license for the preceding license period. (g) The commission may set fees and adopt rules as necessary to implement this section.

NOTIFICATION TO PARTIES REGARDING COMPLAINT.

(a) The department shall notify a license holder who is the subject of a complaint filed with the department that a complaint has been filed and shall notify the license holder of the nature of the complaint. (b) The department is not required to provide notice under this section if the notice would jeopardize an investigation. Sec. 202.2032. REQUIREMENTS FOR CERTAIN COMPLAINTS. (a) In this section: (1) "Anonymous complaint" means a complaint that lacks sufficient information to identify the source or the name of the person who filed the complaint. (2) "Insurance agent" means a person licensed under Chapter 4054, Insurance Code. (3) "Insurer" means an insurance company or other entity authorized to engage in the business of insurance under Subtitle C, Title 6, InsuranceCode. (4) "Third-party administrator" means a person required to have a certificate of authority under Chapter 4151, Insurance Code. (b) The department may not accept anonymous complaints. (c) Notwithstanding any confidentiality requirements under Chapter 552, Government Code, or this chapter, a complaint filed with the department by an insurance agent, insurer, pharmaceutical company, or third-party administrator against a license holder must include the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator filing the complaint. (d) Not later than the 15th day after the date the complaint is filed with the department, the department shall notify the license holder who is the subject of the complaint of the name and address of the insurance agent, insurer, pharmaceutical company, or third-party administrator who filed the complaint, unless the notice would jeopardize an investigation.

CONTINUING EDUCATION

(a) The department shall recognize, prepare, or administer continuing education programs for license holders. A license holder must participate in the programs to the extent required by the commission to keep the person's license. (b) Notwithstanding other law, the commission by rule may: (1) establish a minimum number of hours of continuing education required for license renewal; (2) provide for the registration and renewal of continuing education providers and the approval of continuing education courses; and (3) assess reasonable and necessary fees on continuing education providers. (c) In adopting rules under this section for a program regulated by the department, the commission shall consult, if applicable, with the advisory board established for the program.

CRIMINAL HISTORY RECORD INFORMATIONFOR LICENSE ISSUANCE.

(a) The department shall require that an applicant for a license submit a complete and legible set of fingerprints, on a form prescribed by the executive director, to the department or to the Department of Public Safety for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureauof Investigation. (b) The department may not issue a license to a person who does not comply with the requirement of Subsection (a). (c) The department shall conduct a criminal history record information check of each applicant for a licenseusing information: (1) provided by the individual under this section;and (2) made available to the department by the Department of Public Safety, the Federal Bureau of Investigation, and any other criminal justice agency under Chapter 411, Government Code. (d) The department may: (1) enter into an agreement with the Department of Public Safety to administer a criminal history record information check required under this section; and (2) authorize the Department of Public Safety to collect from each applicant the costs incurred by the Department of Public Safety in conducting the criminal history record information check. SECTION 25. Section 202.253, Occupations Code, is amended to read as follows: Sec. 202.253. GROUNDS FOR DENIAL OF LICENSE.(a) The commission may refuse to issue a license or certificate to a person who violates this chapter, a rule adopted under this chapter, or an order of the commission or executive director. (a-1) The commission or department may refuse to admit a person to an examination, and may refuse to issue a license to practice podiatry to a person,for: (1) presenting [to the board] a license, certificate, or diploma that was illegally or fraudulently obtained or engaging in fraud or deception in passing the examination; (2) being convicted of: (A) a felony; (B) a crime that involves moral turpitude; or (C) an offense under Section202.606; (3) engaging in habits of intemperance or drug addiction that inthe department's opinion would endanger the health, well-being, or welfare of patients; (4) engaging in grossly unprofessional or dishonorable conduct of a character that in the department's [board's] opinion is likely to deceive or defraud the public; (5) directly or indirectly violating or attempting to violate this chapter or a rule adopted under this chapter as a principal, accessory, or accomplice; (6) using any advertising statement of a character tending to mislead or deceive thepublic; (7) advertising professional superiority or the performance of professional service in a superior manner; (8) purchasing, selling, bartering, or using or offering to purchase, sell, barter, or use a podiatry degree, license, certificate, diploma, or a transcript of a license, certificate, or diploma, in or incident to an application [to the board] for a license to practice podiatry; (9) altering, with fraudulent intent, a podiatry license, certificate, diploma, or a transcript of a podiatry license, certificate, or diploma; (10) using a podiatry license, certificate, or diploma, or a transcript of a podiatry license, certificate, or diploma, that has been fraudulently purchased, issued, counterfeited, or materiallyaltered; (11) impersonating, or acting as proxy for, another person in a podiatry license examination; (12) impersonating a license holder, or permitting another person to use the license holder's license to practice podiatry in this state, to treat or offer to treat, by any method, conditions and ailments of human feet; (13) directly or indirectly employing a person whose license to practice podiatry has been suspended or associating in the practice of podiatry with a person whose license to practice podiatry has been suspended or who has been convicted of the unlawful practice of podiatry in this state or elsewhere; (14) wilfully making in the application for a license to practice podiatry a material misrepresentation or material untrue statement; (15) being unable to practice podiatry with reasonable skill and safety to a patient because of age, illness, drunkenness, or excessive use of drugs, narcotics, chemicals, or other substances or as a result of a mental or physicalcondition; (16) failing to practice podiatry in an acceptable manner consistent with public health and welfare; (17) being removed, suspended, or disciplined in another manner by the podiatrist's peers in a professional podiatry association or society, whether local, regional, state, or national in scope, or being disciplined by a licensed hospital or themedical staff of a hospital, including removal, suspension, limitation of hospital privileges, or other disciplinary action, if the commission or department [board] determines that the action was: (A) based on unprofessional conduct or professional incompetence likely to harm the public; and (B) appropriate and reasonably supported by evidence submitted to the association, society, hospital, or medical staff; or (18) having repeated or recurring meritorious health care liability claims filed against the podiatrist that inthe commission's or department's [board's] opinion are evidence of professional incompetence likely to injure the public. (b) In enforcing Subsection (a-1)(15) [(a)(15)],the department [board], on probable cause, shall request the affected podiatrist to submit to a mental or physical examination by a physician designated by the department [board]. If the podiatrist refuses to submit to the examination, the commission or executive director [board] shall issue an order requiring the podiatrist to show cause why the podiatrist will not submit to the examination and shall schedule a hearing on the order not later than the 30th day after the date notice is served on the podiatrist. The podiatrist shall be notified by either personal service or certified mail with return receipt requested. (c) At the hearing, the podiatrist and the podiatrist's attorney may present testimony and other evidence to show why the podiatrist should not be required to submit to the examination. After a complete hearing, the commission or executive director [board] shall issue an order either requiring the podiatrist to submit to the examination or withdrawing the request for examination.

EMERGENCY LICENSE.

(a) The executive director may issue an emergency license to a person who meets eligibility requirements provided by: (1) a law establishing a regulatory program administered by the department; or (2) a rule adopted to implement this section. (b) An emergency license issued under this section expires on the date indicated by the executive director, but not later than the 90th day after the date the license is issued. If the governor declares an extended state of disaster under Section Government Code, the executive director may extend the term of an emergency license to an expiration date after the 90th day after the date the license was issued. (c) The emergency license holder may engage in the activities authorized by the type of license only: (1) during a period in which a state of disaster has been declared and the following recovery period; and (2) in an area designated as a disaster area under Chapter 418, Government Code.

An application for a license under this chapter must be submitted in the manner and on a form prescribed by theexecutive director

(b) The commission by rule shall establish the information and documentation required to be submitted as part of an application for a license under this chapter including evidence satisfactory to the commission or department [board] that the applicant: (1) is at least 21 years of age; has completed at least 90 semester hours of college courses acceptable at the time of completion for credit toward a bachelor's degree at an institution of higher education determined by the department to have acceptable standards is a graduate of a reputable school of podiatry or chiropody; and has successfully completed any other course of training reasonably required by commission rule relating to the safe care and treatment of patients. (e) All educational attainments or credits for evaluation under this chapter must be completed within the United States. The departmentmay not accept educational credits attained in a foreign country that are not approved by the department

COMPENSATION [PER DIEM];REIMBURSEMENT OF EXPENSES.

An advisory board member may not receive compensation but is entitled to. reimbursement for actual and necessary expenses incurred in performing the functions of the advisory board, subject to

RESTRICTED LICENSES FOR CERTAIN OCCUPATIONS.

As an alternative to denying, revoking, suspending, or refusing to issue or renew a license under Section 51.356 or 51.4012(a) or Chapter 53, the commission or executive director may issue a restricted license to an applicant for a license under: (b) The department may impose reasonable conditions on a holder of a restricted license, including requiring the license holder to: (1) limit the scope or location of the license holder's practice; (2) be supervised; and (3) report to the department, including notifying the department promptly of any change in the license holder's supervision. (c) The department may: (1) include on the face of a license and in the department's records a statement: (A) that the license is restricted; and and (B) of any condition of the restricted license; (2) use a distinctive design for a restricted license. (d) A license holder who supervises the holder of a restricted license shall use reasonable care to ensure that the license holder complies with any condition imposed under this section. (e) The commission or executive director may impose an administrative penalty or other sanction on the holder of a restricted license or on a license holder who supervises the person for a violation of this section.

INFORMATION PROVIDED TO LICENSE HOLDERS

At least once each biennium, the department [board] shall provide to license holders information on: (1) prescribing and dispensing pain medications, with particular emphasis on Schedule II and Schedule III controlled substances; (2) abusive and addictive behavior of certain persons who use prescription pain medications; (3) common diversion strategies employed bycertain persons who use prescription pain medications, including fraudulent prescription patterns; and (4) the appropriate use of pain medications and the differences between addiction, pseudo-addiction, tolerance, and physical dependence. SECTION 19. Section 202.161, Occupations Code, is amended to read as follows: Sec. 202.161. POISON CONTROL CENTER INFORMATION. The department shall provide to license holders information regarding the services provided by poison control centers. SECTION 20. The heading to Subchapter E, Chapter 202, Occupations Code, is amended to read as follows: SUBCHAPTER E. COMPLAINT PROCEDURES SECTION 21. Subchapter E, Chapter 202, Occupations Code, is amended by adding Section 202.2025 to read asfollows: Sec. 202.2025. COMPLAINT PRIORITY. The executive director shall develop, implement, and enforce a written policy for determining the complaints filed under this chapter that will be given priority for investigation and resolution by thedepartment.

REPORTING REQUIREMENTS OF AGENCY BEING REVIEWED.

Before September 1 of the odd-numbered year before the year in which a state agency subject to this chapter is abolished, the agency shall submit to the commission, the governor, the lieutenant governor, and each member of the legislature a report that: (1) lists each report that the agency is required by a statute to prepare; and (2) evaluates the need for each report listed in Subdivision (1) based on whether factors or conditions have changed since the date the statutory requirement to prepare the report was enacted.

LICENSE ELIGIBILITY REQUIREMENTS REGARDING APPLICANT'S BACKGROUND; DETERMINATION LETTER.

Notwithstanding any other law, the commission may determine that a person is not eligible for a license based on the person's criminal history. (b) Before applying for a license from the department, a person may request that the department issue a letter determining whether the person would be eligible for a license under Subsection (a) of this section, Section 51.356, or Chapter 53. To obtain a determination letter, a person must file a request on a form prescribed by the department and pay the required fee. (c) Not later than the 30th day after the date the department makes its determination, the department shall issue the determination letter to the person. (d) The department has the same powers to investigate a request filed under this section as the department has to investigate a person applying for a license. (e) A determination letter issued under this section that is adverse to a person does not prevent the person from subsequently applying for a license. (f) The department is not bound by its determination that the person would be eligible if, after the issuance of the determination letter, the department determines there has been a change in a person's circumstances or discovers a previously undiscovered fact. (g) A determination under this section is not a contested case under Chapter 2001, Government Code.

public member eligibility

PUBLIC MEMBER ELIGIBILITY. A person is not eligible for appointment as a public member ofthe advisory board if the person or the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care; (2) is employed by or participates in the management of a business entity or other organization regulated by the department [board] or receiving funds fromthe department [board]; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the department [board] or receiving funds from the department [board]; or (4) uses or receives a substantial amount of tangible goods, services, or funds from the department [board], otherthan [compensation or] reimbursement authorized by law for advisory board membership, attendance, or expenses.

Podiatric Medical Examiners Advisory Board

Podiatric Medical Examiners Advisory Board consists of nine members appointed by the governor as follows: (1) six members who are licensed in this state to practice podiatry and [are reputable practicing podiatrists who have resided in this state and] have been actively engaged in the practice of podiatry for the five years preceding appointment;and (2) three members who represent the public.

Recommendations

RECOMMENDATIONS. (a) In its report on a state agency, the commission shall: (1) make recommendations on the abolition, continuation, or reorganization of each affected state agency and its advisory committees and on the need for the performance of the functions of the agency and its advisory committees; (2) make recommendations on the consolidation, transfer, or reorganization of programs within state agencies not under review when the programs duplicate functions performed in agencies under review; (3) make recommendations to improve the operations of the agency, its policy body, and its advisory committees, including management recommendations that do not require a change in the agency's enabling statute; and (4) make recommendations on the continuation or abolition of each reporting requirement imposed on the agency by law. (b) The commission shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for certain programs to improve the operations of the state agency, to be forwarded to the Legislative Budget Board. (c) The commission shall have drafts of legislation prepared to carry out the commission's recommendations under this section. (d) After the legislature acts on the report under Section 325.010, the commission shall present to the state auditor the commission's recommendations that do not require a statutory change to be put into effect. Based on a risk assessment and subject to the legislative audit committee's approval of including the examination in the audit plan under Section 321.013, the state auditor may examine the recommendations and include as part of the next approved audit of the agency a report on whether the agency has implemented the recommendations and, if so, in what manner.

Occupations code

SECTION 12. Section 202.059(a), Occupations Code, is amended to read as follows: (a) The advisory board shall meet at the call of the presiding officer of the commission or the executive director

Sec. 51.403. EXAMINATION FEE REFUND.

Sec. 51.403. EXAMINATION FEE REFUND. (a) The department may refund a license examination fee to a person who is unable to take the examination if the person: (1) provides reasonable advance notice to the department; or (2) cannot take the examination because of an emergency. (b) The commission by rule shall define what constitutes reasonable notice and an emergency under this section.

duties of advisory board

The advisory board shall provide advice and recommendations to the department on technical matters relevant to the administration of thischapter. SECTION 15. The heading to Subchapter D, Chapter 202, Occupations Code, is amended to read as follows: SUBCHAPTER D. POWERS ANDDUTIES SECTION 16. Subchapter D, Chapter 202, Occupations Code, is amended by adding Section 202.1515 to read as follows: Sec. 202.1515. GENERAL POWERS AND DUTIES. (a) The executive director shall administer and enforce this chapter. (b) The commission shall adopt rules necessary to administer and enforce thischapter. SECTION 17. Section 202.153, Occupations Code, is amended to read asfollows: Sec. 202.153. FEES. [(a)] The commission [board] by rule shall establish fees in amounts reasonable and necessary to cover the cost of administering this chapter.

CRITERIA FOR REVIEW

The commission and its staff shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees: (1) the efficiency and effectiveness with which the agency or the advisory committee operates; (2)(A) an identification of the mission, goals, and objectives intended for the agency or advisory committee and of the problem or need that the agency or advisory committee was intended to address; and (B) the extent to which the mission, goals, and objectives have been achieved and the problem or need has been addressed; (3)(A) an identification of any activities of the agency in addition to those granted by statute and of the authority for those activities; and (B) the extent to which those activities are needed; (4) an assessment of authority of the agency relating to fees, inspections, enforcement, and penalties; (5) whether less restrictive or alternative methods of performing any function that the agency performs could adequately protect or provide service to the public; (6) the extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies; (7) the promptness and effectiveness with which the agency addresses complaints concerning entities or other persons affected by the agency, including an assessment of the agency's administrative hearings process; (8) an assessment of the agency's rulemaking process and the extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which the public participation has resulted in rules that benefit the public; (9) the extent to which the agency has complied with: (A) federal and state laws and applicable rules regarding equality of employment opportunity and the rights and privacy of individuals; and (B) state law and applicable rules of any state agency regarding purchasing guidelines and programs for historically underutilized businesses; (10) the extent to which the agency issues and enforces rules relating to potential conflicts of interest of its employees; (11) the extent to which the agency complies with Chapters 551 and 552 and follows records management practices that enable the agency to respond efficiently to requests for public information; (12) the effect of federal intervention or loss of federal funds if the agency is abolished; (13) the extent to which the purpose and effectiveness of reporting requirements imposed on the agency justifies the continuation of the requirement; and (14) an assessment of the agency's cybersecurity practices using confidential information available from the Department of Information Resources or any other appropriate state agency.

STAGGERED RENEWAL OF LICENSES

The commission by rule may adopt a system under which licenses expire on various dates during the year. For the year in which the license expiration date is changed, the department shall prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. On renewal of the license on the new expiration date, the total license renewal fee is payable.

DEFERRED ADJUDICATION; LICENSE SUSPENSION, LICENSE REVOCATION, OR DENIAL OR REFUSAL TO RENEW LICENSE.

The commission may deny, suspend, revoke, or refuse to renew a license or other authorization issued by a program regulated by the department if: (1) the person holding or seeking the license received deferred adjudication for: (A) any offense described by Article 62.001(5), Code of Criminal Procedure; or (B) an offense other than an offense described by Paragraph (A) if: (i) the person has not completed the period of deferred adjudication or the person completed the period of deferred adjudication less than five years before the date the person applied for the license; or (ii) a conviction for the offense would make the person ineligible for the license by operation of law; and (2) the commission determines that the deferred adjudication makes the person unfit for the license. (b) In making a determination under Subsection (a)(2), the commission shall consider the factors set forth in Sections 53.022 and 53.023 and the guidelines issued by the department under Section 53.025.

ALTERNATIVE QUALIFICATIONS FOR LICENSE

The commission, department, or executive director may adopt alternative means of determining or verifying a person's eligibility for a license issued by the department, including evaluating the person's education, training, experience, and military service. (a-1) Notwithstanding any other law, the alternative means adopted under Subsection (a) may include accepting as sufficient evidence of a person's eligibility for a license relevant education, training, or experience obtained while the person was imprisoned if the person: (1) previously held a license of the same type for which the person is applying and the license was revoked under Section 53.021(b); (2) has not been convicted of, placed on deferred adjudication for, or entered a plea of guilty or nolo contendere to: (A) an offense listed in Article 42A.054, Code of Criminal Procedure; (B) a sexually violent offense, as defined by Article 62.001, Code of Criminal Procedure; or (C) an offense under Chapter 21 or 43, Penal (3) while imprisoned, maintained a record of good Code; and behavior and: (A) successfully participated in a program acceptable to the department to prepare the person for reentry into the workforce in the occupation for which the person seeks a license; or (B) performed work on a regular basis in the occupation for which the person seeks a license. (b) Notwithstanding any other law, the commission or the executive director may waive any prerequisite for obtaining a license if the applicant currently holds a similar license issued by another jurisdiction that: (1) has requirements for the license that are substantially equivalent to those of this state; or (2) has a reciprocity agreement with this state for the license. (c) The department, with approval of the governor, may enter into an agreement with another state to allow for licensing by reciprocity.

VACANCIES

VACANCIES. (a) Members of the advisory board serve staggered six-year terms, with the term of three members expiring on February 1 of each odd- numbered year. At the expiration of the term of each member, the governor shall appoint a successor. (b) If a vacancy occurs during a term, the governor shall appoint a replacement who meets the qualifications of the vacated position to serve for the remainder of the term.

LICENSE EXPIRATION AND RENEWAL.

a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department before the expiration date of the license. A person whose license has expired may not engage in activities that require a license until the license has been renewed. (b) A person whose license has been expired for 90 days or less may renew the license by paying to the department a renewal fee that is equal to 1-1/2 times the normally required renewal fee. (c) A person whose license has been expired for more than 90 days but less than 18 months may renew the license by paying to the department a renewal fee that is equal to two times the normally required renewal fee. On approval by the executive director, a person whose license has been expired for at least 18 months but less than three years may renew the license by paying to the department a renewal fee equal to two times the normally required renewal fee. (d) Except as provided by Subsection (c), a person whose license has been expired for 18 months or more may not renew the license. The person may obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. (e) A person who was licensed in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding the date of application may obtain a new license without reexamination. The person must pay to the department a fee that is equal to two times the normally required renewal fee for the license. (f) Not later than the 30th day before the date a person's license is scheduled to expire, the department shall send written notice of the impending expiration to the person at the person's last known address according to the records of the department.

COMMISSION DUTIES

a) Before January 1 of the year in which a state agency subject to this chapter and its advisory committees are abolished, the commission shall: (1) review and take action necessary to verify the reports submitted by the agency under Section 325.007; (2) consult the Legislative Budget Board, the Governor's Budget, Policy, and Planning Division, the State Auditor, and the comptroller of public accounts, or their successors, on the application to the agency of the criteria provided in Section 325.011; (3) conduct a review of the agency based on the criteria provided in Section 325.011 and prepare a written report; and (4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation. (b) The written report prepared by the commission under Subsection (a)(3) is a public record. (c) Work performed under this section by the state auditor is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c).

SUBPOENA POWER.

a) The commission may issue process to compel the attendance of witnesses and the production of books, records, papers, and other objects necessary or proper for the purposes of the commission proceedings. The process may be served on a witness at any place in this state. (b) If a majority of the commission directs the issuance of a subpoena, the chairman shall issue the subpoena in the name of the commission. (c) If the chairman is absent, the chairman's designee may issue a subpoena or other process in the same manner as the chairman. (d) If necessary to obtain compliance with a subpoena or other process, the commission may issue attachments. The attachments may be addressed to and served by any peace officer in this state. (e) Testimony taken under subpoena must be reduced to writing and given under oath subject to the penalties of perjury. (f) A witness who attends a commission proceeding under process is entitled to the same mileage and per diem as a witness who appears before a grand jury in this state.

STAFF

a) The commission shall employ an executive director to act as the executive head of the commission. (b) The executive director shall employ persons necessary to carry out this chapter through funds made available by the legislature. (c) The chairman and vice-chairman of the commission may each employ a staff to work for them on matters related to commission activities.

The governorshall appoint one

of the advisory board members to serve as presiding officer [the president] of the advisory board at the pleasure of the governor. Thepresiding officer may vote on any matter before the advisory board