CHAPTER 451. ATHLETIC TRAINERS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE H. PROFESSIONS RELATED TO CERTAIN TYPES OF THERAPY

CHAPTER 451. ATHLETIC TRAINERS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 451.001. DEFINITIONS. In this chapter:

(1) "Athletic injury" means an injury sustained by a person as a

result of the person's participation in an organized sport or

sport-related exercise or activity, including interscholastic,

intercollegiate, intramural, semiprofessional, and professional

sports activities.

(2) "Athletic trainer" means a person who practices athletic

training, is licensed by the board, and may use the initials

"LAT," "LATC," and "AT" to designate the person as an athletic

trainer. The terms "sports trainer" and "licensed athletic

trainer" are equivalent to "athletic trainer."

(3) "Athletic training" means the form of health care that

includes the practice of preventing, recognizing, assessing,

managing, treating, disposing of, and reconditioning athletic

injuries under the direction of a physician licensed in this

state or another qualified, licensed health professional who is

authorized to refer for health care services within the scope of

the person's license.

(4) "Board" means the Advisory Board of Athletic Trainers.

(5) "Commissioner" means the commissioner of public health.

(6) "Department" means the Texas Department of Health.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.201(a), eff.

Sept. 1, 2001.

Sec. 451.002. INTERPRETATION; PRACTICE OF MEDICINE. This

chapter does not authorize the practice of medicine by a person

not licensed by the Texas State Board of Medical Examiners.

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

Sec. 451.003. APPLICABILITY. This chapter does not apply to:

(1) a physician licensed by the Texas State Board of Medical

Examiners;

(2) a dentist, licensed under the laws of this state, engaged in

the practice of dentistry;

(3) a licensed optometrist or therapeutic optometrist engaged in

the practice of optometry or therapeutic optometry as defined by

statute;

(4) an occupational therapist engaged in the practice of

occupational therapy;

(5) a nurse engaged in the practice of nursing;

(6) a licensed podiatrist engaged in the practice of podiatry as

defined by statute;

(7) a physical therapist engaged in the practice of physical

therapy;

(8) a registered massage therapist engaged in the practice of

massage therapy;

(9) a commissioned or contract physician, physical therapist, or

physical therapist assistant in the United States Army, Navy, Air

Force, or Public Health Service; or

(10) an athletic trainer who does not live in this state, who is

licensed, registered, or certified by an authority recognized by

the board, and who provides athletic training in this state for a

period determined by the board.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.201(b), eff.

Sept. 1, 2001.

SUBCHAPTER B. ADVISORY BOARD OF ATHLETIC TRAINERS

Sec. 451.051. BOARD; MEMBERSHIP. (a) The Advisory Board of

Athletic Trainers is a part of the department and shall perform

its duties as a board within the department.

(b) The board consists of five members appointed by the governor

with the advice and consent of the senate as follows:

(1) three members who are athletic trainers; and

(2) two members who represent the public.

States and a resident of this state for the five years preceding

appointment.

(d) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointee.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(a), eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1170, Sec. 4.01, eff.

Sept. 1, 2003.

Sec. 451.0511. PUBLIC MEMBER ELIGIBILITY. A person may not be a

public member of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by a regulatory agency

in the field of athletic training;

(2) is employed by or participates in the management of a

business entity or other organization regulated by or receiving

money from the board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization

regulated by or receiving money from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or money from the board other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.

Sept. 1, 2001.

Sec. 451.0512. MEMBERSHIP RESTRICTIONS. (a) In this section,

"Texas trade association" means a cooperative and voluntarily

joined association of business or professional competitors in

this state designed to assist its members and its industry or

profession in dealing with mutual business or professional

problems and in promoting their common interest.

(b) A person may not be a member of the board if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of athletic training; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of athletic

training.

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 board.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.

Sept. 1, 2001.

Sec. 451.0513. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 451.051;

(2) does not maintain during service on the board the

qualifications required by Section 451.051;

(3) is ineligible for membership under Section 451.0512;

(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 the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year without an excuse approved by the board.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a board

member exists.

for removal exists, the commissioner shall notify the presiding

officer of the board of the potential ground. The presiding

officer shall then notify the governor and the attorney general

that a potential ground for removal exists. If the potential

ground for removal involves the presiding officer, the

commissioner 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.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.

Sept. 1, 2001.

Sec. 451.052. OFFICIAL OATH. A person appointed to the board

shall take the constitutional oath of office not later than the

15th day after the date of appointment. On presentation of the

oath, the secretary of state shall issue a commission to the

appointee as evidence of the appointee's authority to act as a

member of the board.

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

Sec. 451.053. TERMS; VACANCY. (a) Board members serve

staggered six-year terms with the terms of one or two members

expiring on January 31 of each odd-numbered year.

(b) If a vacancy occurs on the board, the governor shall appoint

a successor to serve for the unexpired portion of the term.

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

Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 4.02, eff. Sept.

1, 2003.

Sec. 451.054. COMPENSATION. A member or employee of the board

is entitled to compensation and reimbursement of travel expenses

incurred by the member or employee as provided by the General

Appropriations Act.

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

Sec. 451.055. OFFICERS. (a) The governor shall designate a

member of the board as the board's presiding officer to serve in

that capacity at the will of the governor. The board shall elect

an assistant presiding officer and secretary-treasurer from its

members. The assistant presiding officer and secretary-treasurer

serve a one-year term.

(b) Repealed by Acts 2003, 78th Leg., ch. 285, Sec. 31(36).

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(a), eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 285, Sec. 31(36), eff.

Sept. 1, 2003.

Sec. 451.056. MEETINGS. The board shall meet at least twice a

year. The board may hold additional meetings on the call of the

presiding officer or at the written request of any three members

of the board.

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

Sec. 451.057. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the board may not vote,

deliberate, or be counted as a member in attendance at a meeting

of the 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) the legislation that created the board;

(2) the programs operated by the board;

(3) the role and functions of the board;

(4) the rules of the board, with an emphasis on the rules that

relate to disciplinary and investigatory authority;

(5) the current budget for the board;

(6) the results of the most recent formal audit of the board;

(7) the requirements of:

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

(B) the public information law, Chapter 552, Government Code;

Code; and

(D) other laws relating to public officials, including conflict

of interest laws; and

(8) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program,

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(b), eff.

Sept. 1, 2001.

SUBCHAPTER C. BOARD POWERS AND DUTIES

Sec. 451.101. GENERAL POWERS AND DUTIES. (a) The board shall:

(1) adopt an official seal;

(2) prescribe the application form for a license applicant;

(3) prescribe a suitable form for a license certificate; and

(4) prepare and conduct an examination for license applicants.

(b) The board shall have suitable office space to:

(1) administer this chapter; and

(2) maintain permanent records.

necessary to carry out its duties.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.204(a), eff.

Sept. 1, 2001.

Sec. 451.1015. STANDARDS OF CONDUCT INFORMATION. The

commissioner or the commissioner's designee shall provide to

members of the board, as often as necessary, information

regarding the requirements for office under this chapter,

including information regarding a person's responsibilities under

applicable laws relating to standards of conduct for state

officers.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(c), eff.

Sept. 1, 2001.

Sec. 451.1016. DIVISION OF RESPONSIBILITIES. The board shall

develop and implement policies that clearly separate the

policy-making responsibilities of the board and the management

responsibilities of the commissioner and the staff of the

department.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.202(c), eff.

Sept. 1, 2001.

Sec. 451.102. EXECUTIVE SECRETARY AND EMPLOYEES. The board may

employ an executive secretary and other personnel necessary to

administer this chapter. The executive secretary has the duties

and responsibilities determined by the board.

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

Sec. 451.103. RULES. The board may adopt rules necessary for

the performance of its duties.

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

Sec. 451.1035. RULES REGARDING ADVERTISING OR COMPETITIVE

BIDDING. (a) The board may not adopt rules restricting

advertising or competitive bidding by a license holder except to

prohibit false, misleading, or deceptive practices.

(b) In its rules to prohibit false, misleading, or deceptive

practices, the board may not include a rule that:

(1) restricts the use of any medium for advertising;

(2) restricts the use of a license holder's personal appearance

or voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

license holder; or

(4) restricts the license holder's advertisement under a trade

name.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.205(a), eff.

Sept. 1, 2001.

Sec. 451.104. RECORDS. (a) The board shall:

(1) keep a record of its proceedings in a book kept for that

purpose;

(2) maintain a complete record of all licensed athletic

trainers; and

(3) annually prepare a roster showing the names and addresses of

all licensed athletic trainers.

(b) The board shall make a copy of the roster available to any

person requesting it on payment of a fee established by the board

in an amount sufficient to cover the cost of the roster.

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

Sec. 451.105. EXPENDITURES. (a) The department may expend

funds appropriated to it to administer this chapter.

(b) The board may authorize all necessary expenditures to

administer this chapter, including expenditures for:

(1) stationery;

(2) equipment; and

(3) facilities.

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

Sec. 451.106. FEES. After consultation with the commissioner of

public health or the department, the board by rule shall set fees

under this chapter in amounts reasonable and necessary to cover

the cost of administering this chapter.

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

Sec. 451.107. ANNUAL REPORT. (a) The department shall file

annually with the governor and the presiding officer of each

house of the legislature a complete and detailed written report

accounting for all funds received and disbursed by the board or

the department during the preceding fiscal year.

(b) The annual report must be in the form and reported in the

time provided by the General Appropriations Act.

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

Sec. 451.108. PUBLIC PARTICIPATION. The board shall develop and

implement policies that provide the public with a reasonable

opportunity to appear before the board and to speak on any issue

under the jurisdiction of the board.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(b), eff.

Sept. 1, 2001.

Sec. 451.109. COMPLAINTS. (a) The board shall maintain a file

on each written complaint filed with the board. The file must

include:

(1) the name of the person who filed the complaint;

(2) the date the complaint is received by the board;

(3) the subject matter of the complaint;

(4) the name of each person contacted in relation to the

complaint;

(5) a summary of the results of the review or investigation of

the complaint; and

(6) an explanation of the reason the file was closed, if the

board closed the file without taking action other than to

investigate the complaint.

(b) The board shall provide to the person filing the complaint

and to each person who is a subject of the complaint a copy of

the board's policies and procedures relating to complaint

investigation and resolution.

complaint, shall notify the person filing the complaint and each

person who is a subject of the complaint of the status of the

investigation unless the notice would jeopardize an undercover

investigation.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(b), eff.

Sept. 1, 2001.

Sec. 451.110. SUBPOENAS. (a) In an investigation of a

complaint filed with the board, the board may request that the

commissioner or the commissioner's designee approve the issuance

of a subpoena. If the request is approved, the board may issue a

subpoena to compel the attendance of a relevant witness or the

production, for inspection or copying, of relevant evidence that

is in this state.

(b) A subpoena may be served personally or by certified mail.

acting through the attorney general, may file suit to enforce the

subpoena in a district court in Travis County or in the county in

which a hearing conducted by the board may be held.

(d) On finding that good cause exists for issuing the subpoena,

the court shall order the person to comply with the subpoena. The

court may punish a person who fails to obey the court order.

(e) The board may delegate the authority granted under

Subsection (a) to the secretary-treasurer or executive secretary

of the board.

(f) The board shall pay a reasonable fee for photocopies

subpoenaed under this section in an amount not to exceed the

amount the board may charge for copies of its records.

(g) The reimbursement of the expenses of a witness whose

attendance is compelled under this section is governed by Section

2001.103, Government Code.

(h) All information and materials subpoenaed or compiled by the

board in connection with a complaint and investigation are

confidential and not subject to disclosure under Chapter 552,

Government Code, and not subject to disclosure, discovery,

subpoena, or other means of legal compulsion for their release to

anyone other than the board or its employees or agents involved

in discipline of the holder of a license, except that this

information may be disclosed to:

(1) persons involved with the board in a disciplinary action

against the holder of a license;

(2) athletic trainer licensing or disciplinary boards in other

jurisdictions;

(3) peer assistance programs approved by the board under Chapter

467, Health and Safety Code;

(4) law enforcement agencies; and

(5) persons engaged in bona fide research, if all

individual-identifying information has been deleted.

(i) The filing of formal charges by the board against a holder

of a license, the nature of those charges, disciplinary

proceedings of the board, and final disciplinary actions,

including warnings and reprimands, by the board are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.203(b), eff.

Sept. 1, 2001.

SUBCHAPTER D. LICENSE REQUIREMENTS

Sec. 451.151. LICENSE REQUIRED. A person may not hold the

person out as an athletic trainer or perform any activity of an

athletic trainer unless the person holds a license under this

chapter.

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

Sec. 451.152. LICENSE APPLICATION. An applicant for an athletic

trainer license must submit to the board:

(1) an application on a form prescribed by the board; and

(2) the required examination fee.

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

Sec. 451.153. APPLICANT QUALIFICATIONS. (a) An applicant for

an athletic trainer license must:

(1) have met the athletic training curriculum requirements of a

college or university approved by the board and give proof of

graduation;

(2) hold a degree or certificate in physical therapy and have

completed:

(A) a basic athletic training course from an accredited college

or university; and

(B) an apprenticeship described by Subsection (b); or

(3) have a degree in corrective therapy with at least a minor in

physical education or health that includes a basic athletic

training course and meet the apprenticeship requirement or any

other requirement established by the board.

(b) The apprenticeship required to be completed by an applicant

consists of 720 hours completed in two years under the direct

supervision of a licensed athletic trainer acceptable to the

board. Actual working hours include a minimum of 20 hours a week

during each fall semester.

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

Sec. 451.154. OUT-OF-STATE LICENSE APPLICANTS. (a) An

out-of-state applicant must:

(1) satisfy the requirements under Section 451.153; and

(2) submit proof of active engagement as an athletic trainer in

this state as described by Subsection (b).

(b) A person is actively engaged as an athletic trainer if the

person:

(1) is employed on a salary basis by an educational institution

for the institution's school year or by a professional or other

bona fide athletic organization for the athletic organization's

season; and

(2) performs the duties of athletic trainer as the major

responsibility of that employment.

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

Sec. 451.155. EXAMINATION RESULTS. (a) Not later than the 30th

day after the day on which a licensing examination is

administered under this chapter, the board shall notify each

examinee of the results of the examination. If an examination is

graded or reviewed by a national testing service, the board shall

notify each examinee of the results of the examination not later

than the 14th day after the day on which the board receives the

results from the testing service.

(b) If the notice of examination results graded or reviewed by a

national testing service will be delayed for longer than 90 days

after the examination date, the board shall notify the examinee

of the reason for the delay before the 90th day.

examination administered under this chapter, the board shall

furnish the person with an analysis of the person's performance

on the examination.

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

Sec. 451.156. REQUIREMENTS FOR LICENSE ISSUANCE. An applicant

for an athletic trainer license is entitled to receive the

license if the applicant:

(1) satisfies the requirements of Section 451.153 or 451.154;

(2) satisfactorily completes the examination administered by the

board;

(3) pays the required license fee; and

(4) has not committed an act that constitutes grounds for

refusal of a license under Section 451.251.

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

Sec. 451.157. TEMPORARY LICENSE. (a) The board may issue a

temporary license to an applicant if the applicant satisfies:

(1) the requirements of Section 451.153 or 451.154; and

(2) any other requirement established by the board.

(b) The board by rule shall prescribe the time during which a

temporary license is valid.

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

SUBCHAPTER E. LICENSE RENEWAL

Sec. 451.201. LICENSE EXPIRATION. (a) A license issued under

Section 451.156 expires on the first anniversary of the date of

issuance.

(b) The board 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 license fee shall be

prorated on a monthly basis so that a 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.

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

Sec. 451.202. LICENSE 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 board 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) If the person's license has been expired for 90 days or

less, the person may renew the license by paying to the board a

renewal fee that is 1-1/2 times the normally required renewal

fee.

days but less than one year, the person may renew the license by

paying to the board a renewal fee that is equal to two times the

normally required renewal fee for the license.

(d) If the person's license has been expired for one year or

longer, the person may not renew the license. The person may

obtain a new license by submitting to reexamination and complying

with the requirements and procedures for obtaining an original

license.

(e) At least 30 days before the expiration of a person's

license, the board shall send written notice of the impending

license expiration to the person at the person's last known

address.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.206(a), eff.

Sept. 1, 2001.

Sec. 451.203. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The board may renew without examination the

expired license of 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

application.

(b) The person must pay to the board a fee that is equal to two

times the normally required renewal fee for the license.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.206(b), eff.

Sept. 1, 2001.

Sec. 451.204. CONTINUING EDUCATION. The board shall recognize,

prepare, or administer continuing education programs for its

license holders. A license holder must participate in the

programs to the extent required by the board to keep the person's

license.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.204(b), eff.

Sept. 1, 2001.

SUBCHAPTER F. DISCIPLINARY PROCEDURES

Sec. 451.251. GROUNDS FOR DENIAL OF LICENSE OR DISCIPLINARY

ACTION. (a) The board may refuse to issue a license to an

applicant and shall reprimand a license holder or suspend,

revoke, or refuse to renew a person's license if the person:

(1) has been convicted of a misdemeanor involving moral

turpitude or a felony;

(2) obtained the license by fraud or deceit;

(3) violated or conspired to violate this chapter or a rule

adopted under this chapter; or

(4) provided services outside the scope of practice of athletic

training.

(b) For the purposes of Subsection (a)(1), the record of

conviction is conclusive evidence of conviction.

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

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.207(a), eff.

Sept. 1, 2001.

Sec. 451.2512. PROBATION. The board may place on probation a

person whose license is suspended. If a suspension is probated,

the board may require the person to:

(1) report regularly to the board on matters that are the basis

of the probation;

(2) limit practice to the areas prescribed by the board; or

(3) continue or review professional education until the person

attains a degree of skill satisfactory to the board in those

areas that are the basis of the probation.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.207(b), eff.

Sept. 1, 2001.

Sec. 451.252. ADMINISTRATIVE HEARING. A person whose

application for a license or license renewal is denied is

entitled to a hearing before the board in accordance with Chapter

2001, Government Code, if the person submits to the board a

written request for a hearing not later than the 30th day after

the day the license or license renewal is denied.

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

Sec. 451.253. AUTHORITY TO ISSUE SUBPOENA. The board may issue

a subpoena to compel a witness to testify or produce evidence in

a proceeding to deny, revoke, or suspend a license.

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

Sec. 451.254. ADMINISTRATIVE PROCEDURE. A proceeding to revoke

or suspend a license and an appeal from the proceeding are

governed by Chapter 2001, Government Code.

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

Sec. 451.255. EMERGENCY SUSPENSION. (a) The board or a

three-member committee of board members designated by the board

shall temporarily suspend the license of a license holder if the

board or committee determines from the evidence or information

presented to it that continued practice by the license holder

would constitute a continuing and imminent threat to the public

welfare.

(b) A license may be suspended under this section without notice

or hearing on the complaint if:

(1) action is taken to initiate proceedings for a hearing before

the State Office of Administrative Hearings simultaneously with

the temporary suspension; and

(2) a hearing is held as soon as practicable under this chapter

and Chapter 2001, Government Code.

preliminary hearing not later than the 14th day after the date of

the temporary suspension to determine if there is probable cause

to believe that a continuing and imminent threat to the public

welfare still exists. A final hearing on the matter shall be held

not later than the 61st day after the date of the temporary

suspension.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 8, eff. Sept. 1,

2003.

SUBCHAPTER G. PENALTIES

Sec. 451.301. CRIMINAL PENALTY. (a) A person commits an

offense if the person violates this chapter.

(b) An offense under this section is a misdemeanor punishable by

a fine of not less than $25 or more than $200.

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

SUBCHAPTER H. ADMINISTRATIVE PENALTY

Sec. 451.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The

board may impose an administrative penalty on a person licensed

under this chapter who violates this chapter or a rule or order

adopted under this chapter. A penalty collected under this

section or Section 451.352 shall be deposited in the state

treasury in the general revenue fund.

(b) A proceeding to impose the penalty is considered to be a

contested case under Chapter 2001, Government Code.

violation, and each day a violation continues or occurs is a

separate violation for purposes of imposing a penalty. The total

amount of the penalty assessed for a violation continuing or

occurring on separate days under this subsection may not exceed

$2,500.

(d) The amount shall be based on:

(1) the seriousness of the violation, including the nature,

circumstances, extent, and gravity of the violation;

(2) the threat to health or safety caused by the violation;

(3) the history of previous violations;

(4) the amount necessary to deter a future violation;

(5) whether the violator demonstrated good faith, including,

when applicable, whether the violator made good faith efforts to

correct the violation; and

(6) any other matter that justice may require.

(e) If the executive secretary determines that a violation

occurred, the executive secretary shall give written notice of

the violation by certified mail to the person.

(f) The notice under Subsection (e) must:

(1) include a brief summary of the alleged violation;

(2) state the amount of the recommended penalty; and

(3) inform the person of the person's right to a hearing on the

occurrence of the violation, the amount of the penalty, or both.

(g) Within 20 days after the date the person receives the notice

under Subsection (e), the person in writing may:

(1) accept the determination and recommended penalty of the

executive secretary; or

(2) make a request for a hearing on the occurrence of the

violation, the amount of the penalty, or both.

(h) If the person accepts the determination and recommended

penalty or if the person fails to respond to the notice, the

board by order shall approve the determination and impose the

recommended penalty.

(i) If the person requests a hearing, the board shall refer the

matter to the State Office of Administrative Hearings, which

shall promptly set a hearing date and give written notice of the

time and place of the hearing to the person. An administrative

law judge of the State Office of Administrative Hearings shall

conduct the hearing.

(j) The administrative law judge shall make findings of fact and

conclusions of law and promptly issue to the board a proposal for

a decision about the occurrence of the violation and the amount

of a proposed penalty.

(k) Based on the findings of fact, conclusions of law, and

proposal for a decision, the board by order may determine that:

(1) a violation occurred and impose a penalty; or

(2) a violation did not occur.

(l) The notice of the board's order under Subsection (k) that is

sent to the person in accordance with Chapter 2001, Government

Code, must include a statement of the right of the person to

judicial review of the order.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.208(a), eff.

Sept. 1, 2001.

Sec. 451.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY;

JUDICIAL REVIEW. (a) Within 30 days after the date an order of

the board under Section 451.351(k) that imposes an administrative

penalty becomes final, the person shall:

(1) pay the penalty; or

(2) file a petition for judicial review of the board's order

contesting the occurrence of the violation, the amount of the

penalty, or both.

(b) Within the 30-day period prescribed by Subsection (a), a

person who files a petition for judicial review may:

(1) stay enforcement of the penalty by:

(A) paying the penalty to the court for placement in an escrow

account; or

(B) giving the court a supersedeas bond approved by the court

that is:

(i) for the amount of the penalty; and

(ii) effective until all judicial review of the board's order is

final; or

(2) request the court to stay enforcement of the penalty by:

(A) filing with the court a sworn affidavit of the person

stating that the person is financially unable to pay the penalty

and is financially unable to give the supersedeas bond; and

(B) sending a copy of the affidavit to the board by certified

mail.

Subsection (b)(2), the board may file with the court, within five

days after the date the copy is received, a contest to the

affidavit. The court shall hold a hearing on the facts alleged in

the affidavit as soon as practicable and shall stay the

enforcement of the penalty on finding that the alleged facts are

true. The person who files an affidavit has the burden of proving

that the person is financially unable to pay the penalty or to

give a supersedeas bond.

(d) If the person does not pay the penalty and the enforcement

of the penalty is not stayed, the penalty may be collected. The

attorney general may sue to collect the penalty.

(e) If the court sustains the determination that a violation

occurred, the court may uphold or reduce the amount of the

penalty and order the person to pay the full or reduced amount of

the penalty.

(f) If the court does not sustain the determination that a

violation occurred, the court shall order that a penalty is not

owed.

(g) If the person paid the penalty and if the amount of the

penalty is reduced or the penalty is not upheld by the court, the

court shall order, when the court's judgment becomes final, that

the appropriate amount plus accrued interest be remitted to the

person within 30 days after the date the judgment of the court

becomes final. The interest accrues at the rate charged on loans

to depository institutions by the New York Federal Reserve Bank.

The interest shall be paid for the period beginning on the date

the penalty is paid and ending on the date the penalty is

remitted.

(h) If the person gave a supersedeas bond and the penalty is not

upheld by the court, the court shall order, when the court's

judgment becomes final, the release of the bond. If the person

gave a supersedeas bond and the amount of the penalty is reduced,

the court shall order the release of the bond after the person

pays the reduced amount.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.208(a), eff.

Sept. 1, 2001.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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