CHAPTER 101. HEALTH PROFESSIONS COUNCIL

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE A. PROVISIONS APPLYING TO HEALTH PROFESSIONS GENERALLY

CHAPTER 101. HEALTH PROFESSIONS COUNCIL

SUBCHAPTER A. HEALTH PROFESSIONS COUNCIL

Sec. 101.001. HEALTH PROFESSIONS COUNCIL. In this chapter,

"council" means the Health Professions Council.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.002. COMPOSITION OF COUNCIL. The council consists of

14 members, with one member appointed by each of the following:

(1) the Texas Board of Chiropractic Examiners;

(2) the State Board of Dental Examiners;

(3) the Texas Optometry Board;

(4) the Texas State Board of Pharmacy;

(5) the Texas State Board of Podiatric Medical Examiners;

(6) the State Board of Veterinary Medical Examiners;

(7) the Texas Medical Board;

(8) the Texas Board of Nursing;

(9) the Texas State Board of Examiners of Psychologists;

(10) the Texas Funeral Service Commission;

(11) the entity that regulates the practice of physical therapy;

(12) the entity that regulates the practice of occupational

therapy;

(13) the health licensing division of the Department of State

Health Services; and

(14) the governor's office.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 682, Sec. 1.01, eff. Sept.

1, 2001; Acts 2003, 78th Leg., ch. 553, Sec. 2.013, eff. Feb. 1,

2004.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 31, eff. September 1, 2007.

Sec. 101.003. OFFICERS. The council shall elect from the

council's members a presiding officer and assistant presiding

officer to conduct the business of the council.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.004. COMPENSATION OF MEMBERS. A member of the council

is not entitled to receive compensation or a per diem for the

member's service on the council.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.005. COUNCIL STAFF. The council may employ staff or

designate staff for the council from the employees of the

regulatory agencies listed in Section 101.002 as necessary for

the council to carry out the council's duties.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.006. BUDGET. The council shall adopt an annual budget

that is funded by a prorated assessment paid by the regulatory

agencies listed in Section 101.002.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.007. DUTIES OF COUNCIL. The council shall:

(1) administer the functions provided by this chapter; and

(2) provide a means for the regulatory agencies represented on

the council to coordinate administrative and regulatory efforts.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER B. TELEPHONE COMPLAINT SYSTEM

Sec. 101.051. TELEPHONE COMPLAINT SYSTEM. The council shall

establish and operate a toll-free telephone complaint system to

provide assistance and referral services for persons making a

complaint relating to a health profession regulated by the state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.0515. APPLICABILITY OF SUBCHAPTER. This subchapter

does not apply to the Texas Funeral Service Commission.

Added by Acts 2001, 77th Leg., ch. 682, Sec. 1.02, eff. Sept. 1,

2001.

Sec. 101.052. TELEPHONE LISTING. A state agency that regulates

a health profession shall list the toll-free telephone number of

the complaint system with the agency's regular telephone number.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.053. CONFIDENTIALITY. A complaint, adverse report, or

other information regarding the content of a complaint in the

possession of the council or its employee or agent relating to a

person initiating a complaint or the license holder who is the

subject of the complaint is privileged and confidential and is

not subject to discovery, subpoena, or other means of legal

compulsion for release to anyone other than:

(1) a council employee or agent involved in collecting complaint

information;

(2) the specific council member agency or board responsible for

regulating the health profession in which the person who is the

subject of the complaint is a license holder; or

(3) an employee or agent of the member agency or board who is

involved in the discipline of license holders.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER C. TRAINING PROGRAM

Sec. 101.101. TRAINING PROGRAM. (a) The council shall

establish a training program for the governing bodies of state

agencies that regulate health professions.

(b) Before a member of a governing body may assume the member's

duties and before the member may be confirmed by the senate, the

member must complete at least one course of the training program

established under this section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.102. PROGRAM REQUIREMENTS. The training program must

provide information to a participant regarding:

(1) the enabling legislation that created the governing body to

which the member is appointed;

(2) the programs operated by the state agency governed by the

governing body;

(3) the role and functions of that state agency;

(4) the rules of that state agency with an emphasis on the rules

that relate to disciplinary and investigatory authority;

(5) the current budget for that state agency;

(6) the results of the most recent formal audit of that state

agency;

(7) the requirements of the:

(A) open meetings law, Chapter 551, Government Code;

(B) open records law, Chapter 552, Government Code; and

(8) the requirements of the conflict of interest laws and other

laws relating to public officials; and

(9) any applicable ethics policies adopted by that state agency

or the Texas Ethics Commission.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. REPORTING REQUIREMENTS

Sec. 101.151. ANNUAL REPORT. (a) The council shall prepare an

annual report that includes:

(1) a statistical compilation of enforcement actions taken by a

regulatory agency listed in Section 101.002;

(2) recommendations for statutory changes to improve the

regulation of the health care professions; and

(3) other relevant information and recommendations determined

necessary by the council.

(b) The council shall send the report to the governor, the

lieutenant governor, and the speaker of the house of

representatives not later than February 1 of each year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER E. GROUNDS FOR LICENSE REVOCATION OR DENIAL

Sec. 101.201. FALSE, MISLEADING, OR DECEPTIVE ADVERTISING. (a)

A person may not use advertising that is false, misleading,

deceptive, or not readily subject to verification.

(b) False, misleading, or deceptive advertising or advertising

not readily subject to verification includes advertising that:

(1) makes a material misrepresentation of fact or omits a fact

necessary to make the statement as a whole not materially

misleading;

(2) makes a representation likely to create an unjustified

expectation about the results of a health care service or

procedure;

(3) compares a health care professional's services with another

health care professional's services unless the comparison can be

factually substantiated;

(4) contains a testimonial;

(5) causes confusion or misunderstanding as to the credentials,

education, or licensing of a health care professional;

(6) represents that health care insurance deductibles or

copayments may be waived or are not applicable to health care

services to be provided if the deductibles or copayments are

required;

(7) represents that the benefits of a health benefit plan will

be accepted as full payment when deductibles or copayments are

required;

(8) makes a representation that is designed to take advantage of

the fears or emotions of a particularly susceptible type of

patient; or

(9) represents in the use of a professional name a title or

professional identification that is expressly or commonly

reserved to or used by another profession or professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.203. OVERCHARGING OR OVERTREATING. A health care

professional may not violate Section 311.0025, Health and Safety

Code.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.011(a), eff.

Sept. 1, 2001.

Sec. 101.204. REMEDIES. (a) A violation of this subchapter is

subject to action by the appropriate health licensing agency as a

ground for revocation or denial of a license.

(b) A violation of Section 101.201 is grounds for action under

Section 17.47, 17.58, 17.60, or 17.61, Business & Commerce

Code, by the consumer protection division of the office of the

attorney general.

cause of action, including an action for breach of warranty or

for an implied contract or warranty for good and workmanlike

service.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER F. ENFORCEMENT

Sec. 101.251. CIVIL PENALTY. (a) A person who violates this

chapter is liable to the state for a civil penalty in an amount

not to exceed $1,000 for each violation. Each day a violation

occurs constitutes a separate violation.

(b) The attorney general may initiate an action under this

section by filing suit in a district court in Travis County or in

the county in which the violation occurred.

incurred in obtaining a civil penalty under this section,

including court costs, reasonable attorney's fees, reasonable

investigative costs, witness fees, and deposition expenses.

(d) A civil penalty recovered under this section shall be

deposited in the state treasury.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.252. INJUNCTION. (a) The attorney general or the

appropriate health licensing agency may bring an action for an

injunction to stop a violation or threatened violation of this

chapter.

(b) The attorney general or health licensing agency may recover

reasonable expenses incurred in obtaining an injunction under

this section, including court costs, reasonable attorney's fees,

reasonable investigative costs, witness fees, and deposition

expenses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 101.253. REMEDIES NOT EXCLUSIVE. The remedies provided by

this chapter are in addition to any other remedy provided by law,

including rules.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER G. OFFICE OF PATIENT PROTECTION

Sec. 101.301. GENERAL PROVISIONS. (a) In this subchapter:

(1) "Consumers as a class" means five or more individuals whose

complaints are of the same or similar regulatory and factual

circumstances and issues.

(2) "Licensing agency" means a health occupation regulatory

agency that is a member of the council.

(3) "Office" means the office of patient protection.

(b) The council shall establish an office of patient protection

within the council to represent the interests of consumers in

matters before licensing agencies.

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

Sec. 101.302. EXECUTIVE COMMITTEE; DIRECTOR. (a) The governor

shall appoint an executive committee consisting of at least three

members who are public members of the governing bodies of

licensing agencies. The executive committee shall appoint a

director for the office. The director shall be responsible for

administering the provisions of this subchapter.

(b) The director may not be:

(1) a health care professional licensed or certified by a

licensing agency;

(2) financially involved with the provision of health care or

with an entity that provides health care, including an entity

regulated by a licensing agency;

(3) an officer, employee, or paid consultant of a trade

association for a profession that is regulated by a licensing

agency;

(4) an officer, employee, or paid consultant of a trade

association for an entity regulated by the Texas Department of

Insurance; or

(5) required to register as a lobbyist under Chapter 305,

Government Code, because of the person's activities for

compensation related to a person or organization subject to

regulation by a licensing agency.

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

Sec. 101.303. ADMINISTRATIVE ATTACHMENT TO COUNCIL;

REIMBURSEMENT. The office is located in the council but may not

interfere with the other duties of the council. The office shall

reimburse the council from fees received by the office under

Section 101.307 for administrative costs incurred by the council

in providing administrative support for the office.

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

Sec. 101.304. PUBLIC INFORMATION PROVIDED BY OFFICE; STANDARD

COMPLAINT FORM. (a) The office shall provide to the public

information about the complaint process at each licensing agency.

(b) The office shall conduct a public awareness campaign to

increase awareness of the telephone complaint system under

Subchapter B.

communications media, the office shall provide information to the

public in easily understood language regarding the complaint

procedures and sanctions processes used by the licensing

agencies.

(d) The office, in cooperation with the licensing agencies,

shall adopt a standard complaint form that may be used by a

member of the public to file a complaint with a licensing agency.

Each licensing agency shall accept the form adopted under this

section in addition to any other form required by the agency.

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

Sec. 101.305. POWERS AND DUTIES OF OFFICE. (a) The office

shall:

(1) establish, in consultation with and on the approval of the

council, protocols for interaction with licensing agencies;

(2) serve as the ombudsman for consumer complaints at the

licensing agencies on the request of an individual consumer;

(3) assist consumers in obtaining information about the status

of complaints; and

(4) review the Internet websites of licensing agencies and make

recommendations to the agencies on making public information,

including information relating to disciplinary actions,

understandable to and easily accessible by the public.

(b) The office may:

(1) appear at or present information or testimony to a licensing

agency on behalf of consumers as a class; and

(2) appeal the decisions of licensing agencies to the governing

body of the appropriate licensing agency on behalf of consumers

as a class but not for individual complainants.

before any agency.

(d) The office is entitled to access to:

(1) complaints received by a licensing agency, unless the access

would jeopardize an ongoing investigation; and

(2) the public records of a licensing agency and the records of

a licensing agency that are filed with the State Office of

Administrative Hearings.

(e) The confidentiality requirements that apply to the records

of a licensing agency and the sanctions for disclosure of

confidential information apply to the office and to information

obtained by the office under Subsection (d).

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

Sec. 101.306. MONITORING OF AGENCIES. (a) The office shall

review and evaluate rules proposed for adoption by the licensing

agencies and changes made to the statutes that govern the

operation of the agencies and the professions regulated by the

agencies.

(b) The office may report to the legislature and recommend to

licensing agencies changes in agency rules that, in the office's

judgment, would positively affect the interests of consumers.

by Subsection (a) to the Sunset Advisory Commission during the

commission's review of the relevant licensing agency.

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

Sec. 101.307. FUNDING OF OFFICE. (a) To provide funding

sufficient for the office to exercise the powers and duties

prescribed by this subchapter:

(1) the initial licensing or registration fee charged by each

licensing agency is increased by $5; and

(2) the renewal fee charged by each licensing agency is

increased by $1 for each year for which the license or

registration is renewed.

(b) The fee increases authorized under this section shall be

collected in the same manner as the assessment under Section

101.006. The council may spend the fees collected under this

section only to fund the activities of the office under this

subchapter.

Added by Acts 2003, 78th Leg., ch. 305, Sec. 1, eff. Sept. 1,

2003.

SUBCHAPTER H. BILLING

Sec. 101.351. FAILURE TO PROVIDE BILLING INFORMATION. On the

written request of a patient, a health care professional shall

provide, in plain language, a written explanation of the charges

for professional services previously made on a bill or statement

for the patient. This section does not apply to a physician

subject to Section 101.352.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Transferred from Occupations Code, Section 101.202 and amended by

Acts 2007, 80th Leg., R.S., Ch.

997, Sec. 6, eff. September 1, 2007.

Sec. 101.352. BILLING POLICIES AND INFORMATION; PHYSICIANS. (a)

A physician shall develop, implement, and enforce written

policies for the billing of health care services and supplies.

The policies must address:

(1) any discounting of charges for health care services or

supplies provided to an uninsured patient that is not covered by

a patient's third-party payor, subject to Chapter 552, Insurance

Code;

(2) any discounting of charges for health care services or

supplies provided to an indigent patient who qualifies for

services or supplies based on a sliding fee scale or a written

charity care policy established by the physician;

(3) whether interest will be applied to any billed health care

service or supply not covered by a third-party payor and the rate

of any interest charged; and

(4) the procedure for handling complaints relating to billed

charges for health care services or supplies.

(b) Each physician who maintains a waiting area shall post a

clear and conspicuous notice of the availability of the policies

required by Subsection (a) in the waiting area and in any

registration, admission, or business office in which patients are

reasonably expected to seek service.

to be provided on an out-of-network basis or who does not have

coverage under a government program, health insurance policy, or

health maintenance organization evidence of coverage, a physician

shall provide an estimate of the charges for any health care

services or supplies. The estimate must be provided not later

than the 10th business day after the date of the request. A

physician must advise the consumer that:

(1) the request for an estimate of charges may result in a delay

in the scheduling and provision of the services;

(2) the actual charges for the services or supplies will vary

based on the patient's medical condition and other factors

associated with performance of the services;

(3) the actual charges for the services or supplies may differ

from the amount to be paid by the patient or the patient's

third-party payor; and

(4) the patient may be personally liable for payment for the

services or supplies depending on the patient's health benefit

plan coverage.

(d) For services provided in an emergency department of a

hospital or as a result of an emergent direct admission, the

physician shall provide the estimate of charges required by

Subsection (c) not later than the 10th business day after the

request or before discharging the patient from the emergency

department or hospital, whichever is later, as appropriate.

(e) A physician shall provide a patient with an itemized

statement of the charges for professional services or supplies

not later than the 10th business day after the date on which the

statement is requested if the patient requests the statement not

later than the first anniversary of the date on which the health

care services or supplies were provided.

(f) If a patient requests more than two copies of the statement,

a physician may charge a reasonable fee for the third and

subsequent copies provided. The Texas Medical Board shall by

rule set the permissible fee a physician may charge for copying,

processing, and delivering a copy of the statement.

(g) On the request of a patient, a physician shall provide, in

plain language, a written explanation of the charges for services

or supplies previously made on a bill or statement for the

patient.

(h) If a patient overpays a physician, the physician must refund

the amount of the overpayment not later than the 30th day after

the date the physician determines that an overpayment has been

made. This subsection does not apply to an overpayment subject

to Section 1301.132 or 843.350, Insurance Code.

(i) In this section, "physician" means a person licensed to

practice in this state.

Added by Acts 2007, 80th Leg., R.S., Ch.

997, Sec. 6, eff. September 1, 2007.

State Codes and Statutes

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