CHAPTER 603. PERFUSIONISTS

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OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE K. PROFESSIONS RELATED TO USE OF CERTAIN MEDICAL

EQUIPMENT

CHAPTER 603. PERFUSIONISTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 603.001. SHORT TITLE. This chapter may be cited as the

Licensed Perfusionists Act.

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

Sec. 603.002. DEFINITIONS. In this chapter:

(1) "Commissioner" means the commissioner of state health

services.

(2) "Committee" means the Texas State Perfusionist Advisory

Committee.

(3) "Department" means the Department of State Health Services.

(4) "Executive commissioner" means the executive commissioner of

the Health and Human Services Commission.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 1, eff. September 1, 2005.

Sec. 603.003. PRACTICE OF PERFUSION. (a) In this section:

(1) "Extracorporeal circulation" means the diversion of a

patient's blood through a heart-lung machine or a similar device

that assumes the functions of the patient's heart, lungs, or

both.

(2) "Perfusion protocol" means a perfusion-related policy or

protocol developed or approved by a licensed health facility or a

physician through collaboration with administrators, licensed

perfusionists, and other health professionals.

(b) A person practices perfusion under this chapter when the

person performs activities necessary to:

(1) support, treat, measure, or supplement the cardiovascular,

circulatory, or respiratory system, or a combination of those

activities; or

(2) ensure the safe management of physiologic functions by

monitoring the parameters of the systems under the order and

supervision of a licensed physician.

(1) using extracorporeal circulation, cardiopulmonary support

techniques, and other therapeutic and diagnostic technologies;

(2) performing counterpulsation, ventricular assistance,

autotransfusion, blood conservation techniques, administration of

cardioplegia, and isolated limb perfusion;

(3) using techniques involving blood management, advanced life

support, and other related functions; and

(4) in performing the acts described in this subdivision:

(A) administering:

(i) pharmacological and therapeutic agents; or

(ii) blood products or anesthetic agents through the

extracorporeal circuit or through an intravenous line as ordered

by a physician;

(B) performing and using anticoagulation analysis, physiologic

analysis, blood gas and chemistry analysis, hematocrit analysis,

hypothermia, hyperthermia, hemoconcentration, and hemodilution;

and

determining whether the signs and symptoms exhibit abnormal

characteristics, and implementing appropriate reporting,

perfusion protocols, or changes in or the initiation of emergency

procedures.

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

Sec. 603.004. APPLICATION OF CHAPTER. This chapter does not

apply to:

(1) a qualified perfusionist employed by the United States

government while discharging official duties;

(2) a person licensed by another health professional licensing

board if the person:

(A) does not directly or indirectly represent to the public that

the person is licensed under this chapter and does not use a

name, title, or other designation indicating that the person is

licensed under this chapter; and

(B) confines the scope of the person's practice to that

authorized by the law under which the person is licensed as a

health professional;

(3) a student enrolled in an accredited perfusion education

program if the perfusion services performed by the student:

(A) are an integral part of the student's course of study; and

(B) are directly supervised by a licensed perfusionist who:

(i) is assigned to supervise the student; and

(ii) is on duty and immediately available in the assigned

patient care area;

(4) a person who successfully completes an approved perfusion

education program but has not been issued a provisional license

under Section 603.259 if the person:

(A) complies with Section 603.259(c); and

(B) receives a provisional license not later than the 180th day

after the date the person successfully completes the program; or

(5) a person performing autotransfusion or blood conservation

techniques under the supervision of a licensed physician.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 2, eff. September 1, 2005.

Sec. 603.005. APPLICATION OF SUNSET ACT. The Texas State

Perfusionist Advisory Committee is subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in

existence as provided by that chapter, the committee is abolished

September 1, 2017.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 3, eff. September 1, 2005.

Sec. 603.006. APPLICABILITY OF OTHER LAW. Chapter 2110,

Government Code, does not apply to the committee.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 4, eff. September 1, 2005.

SUBCHAPTER B. TEXAS STATE PERFUSIONIST ADVISORY

COMMITTEE

Sec. 603.051. COMMITTEE MEMBERSHIP. (a) The Texas State

Perfusionist Advisory Committee consists of five members

appointed by the commissioner as follows:

(1) two licensed perfusionist members who have been licensed

under this chapter for at least three years before the date of

appointment;

(2) one physician member licensed by the Texas State Board of

Medical Examiners who is certified by that board in

cardiovascular surgery; and

(3) two members who represent the public.

(b) Appointments to the committee shall reflect the historical

and cultural diversity of the inhabitants of this state.

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 2005, 79th Leg., Ch.

231, Sec. 6, eff. September 1, 2005.

Sec. 603.0511. ELIGIBILITY OF PUBLIC MEMBERS. A person may not

be a public member of the committee if the person or the person's

spouse:

(1) is registered, certified, or licensed by a 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 or receiving

money from the department;

(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 department; or

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

services, or money from the department other than compensation or

reimbursement authorized by law for committee membership,

attendance, or expenses.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 7, eff. September 1, 2005.

Sec. 603.052. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide 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

interests.

(b) A person may not be a committee member and may not be a

department employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.) if:

(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.

general counsel to the committee or the department if 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 department.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 8, eff. September 1, 2005.

Sec. 603.053. TERMS. Members of the committee serve staggered

six-year terms. The terms of one or two members, as appropriate,

expire on February 1 of each odd-numbered year.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 9, eff. September 1, 2005.

Sec. 603.054. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the committee that a member:

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

qualifications required by Section 603.051;

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

qualifications required by Section 603.051;

(3) is ineligible for membership under Section 603.0511 or

603.052;

(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

committee meetings that the member is eligible to attend during a

calendar year without an excuse approved by a majority vote of

the committee.

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

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

member of the committee exists.

ground for removal exists, the executive secretary shall notify

the presiding officer of the committee of the potential ground.

The presiding officer shall then notify the commissioner and the

attorney general that a potential ground for removal exists. If

the potential ground for removal involves the presiding officer,

the executive secretary shall notify the next highest ranking

officer of the committee, who shall then notify the commissioner

and the attorney general that a potential ground for removal

exists.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 10, eff. September 1, 2005.

Sec. 603.055. REIMBURSEMENT. A member is entitled to

reimbursement for expenses as provided by the General

Appropriations Act.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 11, eff. September 1, 2005.

Sec. 603.056. OFFICERS. (a) Not later than the 30th day after

the date the commissioner appoints new committee members, the

commissioner shall designate a presiding officer. The presiding

officer serves at the pleasure of the commissioner.

(b) The committee may appoint additional officers as necessary.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 12, eff. September 1, 2005.

Sec. 603.057. MEETINGS. The committee shall meet subject to the

call of the commissioner.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 13, eff. September 1, 2005.

Sec. 603.058. TRAINING. (a) A person who is appointed to and

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

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

of the committee until the person completes a training program

that complies with this section.

(b) The training program must provide the person with

information regarding:

(1) this chapter and the committee's programs, functions, rules,

and budget;

(2) the results of the most recent formal audit of the

department;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(4) any applicable ethics policies adopted by the executive

commissioner 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.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 14, eff. September 1, 2005.

SUBCHAPTER C. EXECUTIVE SECRETARY AND OTHER PERSONNEL

Sec. 603.101. EXECUTIVE SECRETARY. The commissioner shall

designate a department employee to serve as executive secretary

of the committee.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 15, eff. September 1, 2005.

Sec. 603.102. EXECUTIVE SECRETARY POWERS AND DUTIES. In

addition to performing other duties prescribed by this chapter

and by the department, the executive secretary shall:

(1) administer licensing activity for the department;

(2) keep full and accurate minutes of the committee's

transactions and proceedings;

(3) serve as custodian of the committee's files and other

records;

(4) prepare and recommend to the department plans and procedures

necessary to implement the objectives of this chapter, including

rules and proposals on administrative procedure;

(5) exercise general supervision over persons employed by the

department in the administration of this chapter;

(6) investigate complaints and present formal complaints;

(7) attend all committee meetings as a nonvoting participant;

(8) handle the committee's correspondence; and

(9) obtain, assemble, or prepare reports and other information

as directed or authorized by the committee.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 16, eff. September 1, 2005.

Sec. 603.103. OTHER PERSONNEL AND FACILITIES. (a) The

department shall provide department personnel and department

facilities as the basic personnel and necessary facilities

required to administer this chapter.

(b) Repealed by Acts 2005, 79th Leg., Ch. 231, Sec. 66, eff.

September 1, 2005.

agreement may:

(1) obtain and provide compensation for services; and

(2) employ professional consultants, technical assistants, or

other persons on a full-time or part-time basis.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 66, eff. September 1, 2005.

Sec. 603.105. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The department shall provide, as often as

necessary, to its employees information regarding their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 17, eff. September 1, 2005.

Sec. 603.106. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The commissioner shall develop an intra-agency career ladder

program. The program must require intra-agency posting of all

nonentry level positions concurrently with any public posting.

(b) The commissioner shall develop a system of annual

performance evaluations based on measurable job tasks. All merit

pay for department employees must be based on the system

established under this subsection.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 18, eff. September 1, 2005.

Sec. 603.107. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The commissioner shall prepare and maintain a written policy

statement to ensure implementation of an equal employment

opportunity program under which all personnel transactions are

made without regard to race, color, disability, sex, religion,

age, or national origin. The policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion, that are in compliance with Chapter 21, Labor Code;

(2) a comprehensive analysis of the committee workforce that

meets federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the committee workforce of all persons

for whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 19, eff. September 1, 2005.

SUBCHAPTER D. POWERS AND DUTIES

Sec. 603.151. GENERAL POWERS AND DUTIES OF COMMISSIONER. The

commissioner shall:

(1) establish the qualifications and fitness of applicants for

licenses, including renewed and reciprocal licenses;

(2) revoke, suspend, or deny a license, probate a license

suspension, or reprimand a license holder for a violation of this

chapter, a rule adopted by the executive commissioner, or the

code of ethics adopted by the executive commissioner;

(3) spend money necessary to administer the department's duties;

(4) request and receive necessary assistance from another state

agency, including a state educational institution;

(5) adopt an official seal; and

(6) adopt and publish a code of ethics.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 20, eff. September 1, 2005.

Sec. 603.152. GENERAL RULEMAKING AUTHORITY. The executive

commissioner may adopt rules necessary to:

(1) regulate the practice of perfusion;

(2) enforce this chapter; and

(3) perform department duties.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 21, eff. September 1, 2005.

Sec. 603.153. RULES RESTRICTING ADVERTISING OR COMPETITIVE

BIDDING. (a) The executive commissioner may not adopt a rule

restricting advertising or competitive bidding by a person

regulated by the department except to prohibit a false,

misleading, or deceptive practice.

(b) The executive commissioner may not include in rules to

prohibit a false, misleading, or deceptive practice by a person

regulated by the department a rule that:

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

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

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

person; or

(4) restricts the use by the person of a trade name in

advertising.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 22, eff. September 1, 2005.

Sec. 603.1535. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION.

(a) The executive commissioner shall adopt rules necessary to

comply with Chapter 53.

(b) In rules under this section, the executive commissioner

shall list the specific offenses for which a conviction would

constitute grounds for the commissioner to take action under

Section 53.021.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 23, eff. September 1, 2005.

Sec. 603.154. FEES. After consulting the commissioner or the

department, the executive commissioner shall set fees in amounts

reasonable and necessary to cover the costs of administering this

chapter.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 24, eff. September 1, 2005.

Sec. 603.155. EXECUTIVE COMMISSIONER AND DEPARTMENT DUTIES

REGARDING COMPLAINTS. (a) The executive commissioner by rule

shall:

(1) adopt a form to standardize information concerning

complaints made to the department; and

(2) prescribe information to be provided to a person when the

person files a complaint with the department.

(b) The department shall provide reasonable assistance to a

person who wishes to file a complaint with the department.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 25, eff. September 1, 2005.

Sec. 603.156. REGISTRY. The department shall prepare a registry

of licensed perfusionists and provisionally licensed

perfusionists that is available to the public, license holders,

and appropriate state agencies.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 26, eff. September 1, 2005.

Sec. 603.157. ANNUAL FISCAL 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 money received and disbursed by the department

for the administration of this chapter during the preceding year.

(b) The 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.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 27, eff. September 1, 2005.

Sec. 603.158. USE OF TECHNOLOGY. The executive commissioner

shall implement a policy requiring the department to use

appropriate technological solutions to improve the department's

ability to perform its functions. The policy must ensure that

the public is able to interact with the department on the

Internet.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 28, eff. September 1, 2005.

Sec. 603.159. NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE

RESOLUTION POLICY. (a) The executive commissioner shall develop

and implement a policy to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the department's

jurisdiction.

(b) The department's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the department.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 28, eff. September 1, 2005.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 603.201. PUBLIC INTEREST INFORMATION. (a) The department

shall prepare information of consumer interest describing the

profession of perfusion, the regulatory functions of the

department, and the procedures by which consumer complaints are

filed with and resolved by the department.

(b) The department shall make the information available to the

public and appropriate state agencies.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 29, eff. September 1, 2005.

Sec. 603.202. COMPLAINTS. (a) The executive commissioner by

rule shall establish methods by which consumers and service

recipients are notified of the name, mailing address, and

telephone number of the department for the purpose of directing

complaints to the department. The department may provide for

that notice:

(1) on each license form, application, or written contract for

services of a person licensed under this chapter;

(2) on a sign prominently displayed in the place of business of

each person licensed under this chapter; or

(3) in a bill for services provided by a person licensed under

this chapter.

(b) The department shall list with its regular telephone number

any toll-free telephone number established under other state law

that may be called to present a complaint about a health

professional.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 30, eff. September 1, 2005.

Sec. 603.203. RECORDS OF COMPLAINTS. (a) The department shall

maintain a system to promptly and efficiently act on complaints

filed with the department. The department shall maintain:

(1) information about the parties to the complaint and the

subject matter of the complaint;

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

the complaint; and

(3) information about the disposition of the complaint.

(b) The department shall make information available describing

its procedures for complaint investigation and resolution.

status of the complaint until final disposition of the complaint.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 31, eff. September 1, 2005.

Sec. 603.204. GENERAL RULES REGARDING COMPLAINT INVESTIGATION

AND DISPOSITION. (a) The executive commissioner shall adopt

rules concerning the investigation of a complaint filed with the

department. The rules shall:

(1) distinguish among categories of complaints;

(2) ensure that a complaint is not dismissed without appropriate

consideration;

(3) require that the commissioner be advised of a complaint that

is dismissed and that a letter be sent to the person who filed

the complaint explaining the action taken on the dismissed

complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint; and

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the department to obtain the services of a private

investigator.

(b) The department shall:

(1) dispose of each complaint in a timely manner; and

(2) establish, not later than the 30th day after the date the

department receives a complaint, a schedule for conducting each

phase of the complaint resolution process that is under the

control of the department.

projected time requirements for pursuing the complaint. Each

party shall be notified of any change in the schedule established

under Subsection (b)(2) not later than the seventh day after the

date the change is made.

(d) The executive secretary shall notify the commissioner of a

complaint that is not resolved within the time prescribed by the

commissioner for resolving the complaint so that the commissioner

may take necessary action on the complaint.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 32, eff. September 1, 2005.

Sec. 603.2041. SUBPOENAS. (a) In an investigation of a

complaint filed with the department, the department may request

that the commissioner or the commissioner's designee approve the

issuance of a subpoena. If the request is approved, the

department 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 department 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 commissioner may delegate the authority granted under

Subsection (a) to the executive secretary of the committee.

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

subpoenaed under this section in an amount not to exceed the

amount the department 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

department 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 department or its agents or employees

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

this information may be disclosed to:

(1) persons involved with the department in a disciplinary

action against the holder of a license;

(2) professional perfusionist licensing or disciplinary boards

in other jurisdictions;

(3) peer assistance programs approved by the department 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 department against a

holder of a license, the nature of those charges, disciplinary

proceedings of the department, and final disciplinary actions,

including warnings and reprimands, by the department are not

confidential and are subject to disclosure in accordance with

Chapter 552, Government Code.

Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.338(a), eff.

Sept. 1, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 33, eff. September 1, 2005.

Sec. 603.205. PUBLIC PARTICIPATION. (a) The State Health

Services Council shall develop and implement policies that

provide the public with a reasonable opportunity to appear before

the State Health Services Council and to speak on any issue

related to the practice of perfusion.

(b) The commissioner shall prepare and maintain a written plan

that describes how a person who does not speak English or who has

a physical, mental, or developmental disability may be provided

reasonable access to the department's programs.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 34, eff. September 1, 2005.

SUBCHAPTER F. LICENSE REQUIREMENTS

Sec. 603.251. LICENSE REQUIRED. (a) A person may not engage or

offer to engage in perfusion for compensation unless the person

holds an appropriate license issued under this chapter.

(b) A person may not, unless the person holds an appropriate

license issued under this chapter:

(1) use the title or represent or imply that the person has the

title "licensed perfusionist" or "provisional licensed

perfusionist" or use the letters "LP" or "PLP"; or

(2) use a facsimile of those titles to represent or imply that

the person is a licensed perfusionist or provisionally licensed

perfusionist.

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

Sec. 603.252. LICENSE APPLICATION. (a) An applicant for a

perfusionist license must submit a sworn application accompanied

by the application fee.

(b) The executive commissioner shall prescribe the application

form and by rule may establish dates by which applications and

fees must be received.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 35, eff. September 1, 2005.

Sec. 603.253. COMPETENCY EXAMINATION. (a) An applicant must

pass a competency examination to qualify for a license under this

chapter.

(b) The department shall prepare or approve an examination. The

department may prescribe an examination that consists of or

includes a written examination given by the American Board of

Cardiovascular Perfusion or by a national or state testing

service.

examination validated by an independent testing professional.

(d) The department shall administer an examination to qualified

applicants at least once each calendar year.

(e) On receipt of an application and application fee, the

department shall waive the examination requirement for an

applicant who, at the time of application:

(1) is licensed or certified by another state that has licensing

or certification requirements the department determines to be

substantially equivalent to the requirements of this chapter; or

(2) holds a certificate as a certified clinical perfusionist

issued by the American Board of Cardiovascular Perfusion before

January 1, 1994, authorizing the holder to practice perfusion in

a state that does not license or certify perfusionists.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 36, eff. September 1, 2005.

Sec. 603.2535. JURISPRUDENCE EXAMINATION. (a) An applicant

must pass a jurisprudence examination to qualify for a license

under this chapter.

(b) The department shall develop and administer at least twice

each calendar year a jurisprudence examination to determine an

applicant's knowledge of this chapter, rules adopted by the

executive commissioner, and any other applicable laws of this

state affecting the applicant's practice of perfusion.

this section, including rules related to the development and

administration of the examination, examination fees, guidelines

for reexamination, grading the examination, and providing notice

of examination results.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 37, eff. September 1, 2005.

Sec. 603.254. QUALIFICATION FOR EXAMINATION. (a) To qualify

for the licensing examinations under this chapter, an applicant

must have successfully completed a perfusion education program

approved by the department.

(b) The department may approve a perfusion education program

only if the program has educational standards that are:

(1) at least as stringent as those established by the

Accreditation Committee for Perfusion Education of the American

Medical Association or its successor; and

(2) approved by the Commission on Accreditation of the Allied

Health Education Program of the American Medical Association or

its successor.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 38, eff. September 1, 2005.

Sec. 603.255. INVESTIGATION OF APPLICANT. (a) The department

shall notify an applicant in writing of the receipt and

investigation of the applicant's application and any other

relevant evidence relating to qualifications established by an

executive commissioner rule not later than:

(1) the 45th day after the date a properly submitted and timely

application is received; and

(2) the 30th day before the next examination date.

(b) The notice must state whether the applicant has qualified

for examination based on the application and other submitted

evidence. If the applicant is not qualified, the notice must

state the reasons for the applicant's failure to qualify.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 39, eff. September 1, 2005.

Sec. 603.256. EXAMINATION RESULTS. (a) The department shall

notify each examinee of the examination results not later than

the 30th day after the date the examination is administered. If

an examination is graded or reviewed by a national or state

testing service, the department shall notify each examinee of the

examination results not later than the 14th day after the date

the department receives the results from the testing service.

(b) If the notice of the results of an examination graded or

reviewed by a national or state testing service will be delayed

for longer than 90 days after the examination date, the

department shall notify each examinee of the reason for the delay

before the 90th day.

examination, the department shall provide to the person an

analysis of the person's performance on the examination.

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

Sec. 603.257. REEXAMINATION AND ALTERNATIVES TO EXAMINATION.

The executive commissioner by rule shall establish:

(1) a limit on the number of times an applicant who fails an

examination may retake the examination;

(2) requirements for retaking an examination; and

(3) alternative methods of examining competency.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 40, eff. September 1, 2005.

Sec. 603.258. ISSUANCE OF LICENSE. A person who meets the

qualifications for a license under this chapter is entitled to a

license.

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

Sec. 603.259. PROVISIONAL LICENSE. (a) The department may

issue a provisional license to an applicant who files an

application, pays an application fee, and submits evidence

satisfactory to the department of successful completion of the

education requirement under Section 603.254.

(b) A person who meets the qualifications for a provisional

license under this chapter is entitled to a provisional license.

the supervision and direction of a licensed perfusionist while

performing perfusion. If the department finds that a licensed

perfusionist is not reasonably available to provide supervision

and direction and if the department approves an application

submitted to the department by the provisionally licensed

perfusionist, supervision and direction may be provided by a

physician who is licensed by the Texas State Board of Medical

Examiners and certified by the American Board of Thoracic

Surgeons, Inc., or certified in cardiovascular surgery by the

American Osteopathic Board of Surgery.

(d) The executive commissioner may not adopt a rule governing

supervision and direction that requires the immediate physical

presence of the supervising person.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 41, eff. September 1, 2005.

SUBCHAPTER G. LICENSE RENEWAL

Sec. 603.301. LICENSE RENEWAL. (a) A license is valid for two

years from the date of issuance and may be renewed biennially.

(b) The executive commissioner by rule may adopt a system under

which licenses expire on various dates during the year.

required renewal fee to the department before the license

expiration date.

(d) A person whose license has been expired for 90 days or less

may renew the license by paying to the department a fee that is

equal to 1-1/4 times the amount of the renewal fee. If a license

has been expired for more than 90 days but less than one year,

the person may renew the license by paying to the department a

fee that is equal to 1-1/2 times the amount of the renewal fee.

(e) Except as provided by Section 603.303, a person whose

license has been expired for one year or more 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.

(f) Before the 30th day before a person's license expiration

date, the department shall send written notice of the impending

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

address according to department records.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 42, eff. September 1, 2005.

Sec. 603.302. PROVISIONAL LICENSE RENEWAL. A provisional

license expires on the first anniversary of the date of issuance

and, if the supervising licensed perfusionist or physician

described by Section 603.259(c) signs the renewal application,

the license may be renewed annually not more than five times by

complying with the renewal procedures under this subchapter.

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

Sec. 603.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE

PRACTITIONER. (a) The department may renew without

reexamination an expired license of a person who was licensed as

a perfusionist in this state, moved to another state, and is

licensed or certified and has been in practice in the other state

for the two years preceding the date the person applies for

renewal.

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

the amount of the renewal fee for the license.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 43, eff. September 1, 2005.

Sec. 603.304. CONTINUING EDUCATION. (a) To renew a license

under this chapter, a person must submit proof satisfactory to

the department that the person has complied with the continuing

education requirements prescribed by the department.

(b) The executive commissioner shall establish continuing

education programs for licensed perfusionists and provisionally

licensed perfusionists under this chapter. The standards of the

programs must be at least as stringent as the standards of the

American Board of Cardiovascular Perfusion or its successor.

(1) establish a minimum number of hours of continuing education

required for license renewal under this chapter; and

(2) develop a process to evaluate and approve continuing

education courses.

(d) The executive commissioner shall identify key factors for a

license holder's competent performance of professional duties.

The executive commissioner shall adopt a procedure to assess a

license holder's participation in continuing education programs.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 44, eff. September 1, 2005.

Sec. 603.305. GROUNDS FOR REFUSING RENEWAL. The department may

refuse to renew the license of a person who fails to pay an

administrative penalty imposed under Subchapter K unless

enforcement of the penalty is stayed or a court has ordered that

the administrative penalty is not owed.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 45, eff. September 1, 2005.

SUBCHAPTER H. PRACTICE BY LICENSE HOLDER

Sec. 603.351. DISPLAY OF LICENSE. A person licensed under this

chapter shall:

(1) display the person's license certificate in an appropriate

and public manner; or

(2) maintain a copy of the person's license certificate in the

appropriate records of any health care facility in which the

license holder provides services.

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

Sec. 603.352. LICENSE HOLDER INFORMATION. A person licensed

under this chapter shall keep the department informed of any

change in the license holder's address.

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

Sec. 603.353. SURRENDER OF LICENSE. A license certificate

issued by the department is the property of the department and

shall be surrendered on demand.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 46, eff. September 1, 2005.

Sec. 603.354. CERTIFICATION FROM AMERICAN BOARD OF

CARDIOVASCULAR PERFUSION. Unless a person holds a certificate as

a certified clinical perfusionist issued by the American Board of

Cardiovascular Perfusion, the person may not:

(1) use the title or represent or imply that the person has the

title "certified clinical perfusionist" or use the letters "CCP";

(2) use a facsimile of that title to represent or imply that the

person is a clinical perfusionist certified by that board.

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

SUBCHAPTER I. DISCIPLINARY PROCEDURES

Sec. 603.401. GROUNDS FOR DISCIPLINARY ACTION. If a license

holder violates this chapter or a rule or code of ethics adopted

by the executive commissioner, the department shall:

(1) revoke or suspend the license;

(2) place on probation the person if the person's license has

been suspended;

(3) reprimand the license holder; or

(4) refuse to renew the license.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 47, eff. September 1, 2005.

Sec. 603.402. HEARING. (a) If the department proposes to

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

person is entitled to a hearing before a hearings officer

appointed by the State Office of Administrative Hearings.

(b) The executive commissioner shall prescribe procedures for

appealing to the commissioner a decision to revoke, suspend, or

refuse to renew a license.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 48, eff. September 1, 2005.

Sec. 603.403. ADMINISTRATIVE PROCEDURE. A proceeding under this

subchapter to suspend, revoke, or refuse to renew a license is

governed by Chapter 2001, Government Code.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 49, eff. September 1, 2005.

Sec. 603.404. SANCTIONS. (a) The executive commissioner by

rule shall adopt a broad schedule of sanctions for a violation of

this chapter.

(b) The State Office of Administrative Hearings shall use the

schedule of sanctions for a sanction imposed as the result of a

hearing conducted by that office.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 50, eff. September 1, 2005.

Sec. 603.405. PROBATION. The department may require a person

whose license suspension is probated to:

(1) report regularly to the department on matters that are the

basis of the probation;

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

(3) continue the person's professional education until the

license holder attains a degree of skill satisfactory to the

department in those areas that are the basis of the probation.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 51, eff. September 1, 2005.

Sec. 603.406. MONITORING OF LICENSE HOLDER. (a) The executive

commissioner by rule shall develop a system for monitoring a

license holder's compliance with the requirements of this

chapter.

(b) Rules adopted under this section must include procedures to:

(1) monitor for compliance a license holder who is ordered by

the department to perform certain acts; and

(2) identify and monitor license holders who represent a risk to

the public.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 52, eff. September 1, 2005.

Sec. 603.407. INFORMAL PROCEDURES. (a) The executive

commissioner by rule shall adopt procedures governing:

(1) informal disposition of a contested case under Section

2001.056, Government Code; and

(2) an informal proceeding held in compliance with Section

2001.054, Government Code.

(b) Rules adopted under Subsection (a) must:

(1) provide the complainant and the license holder an

opportunity to be heard; and

(2) require the presence of a representative of the attorney

general or the department's legal counsel to advise the

department or the department's employees.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 53, eff. September 1, 2005.

Sec. 603.408. EMERGENCY SUSPENSION. (a) The department shall

temporarily suspend the license of a license holder if the

department 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. 17, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 54, eff. September 1, 2005.

Sec. 603.409. REFUND. (a) Subject to Subsection (b), the

department may order a license holder to pay a refund to a

consumer as provided in an agreement resulting from an informal

settlement conference instead of or in addition to imposing an

administrative penalty under this chapter.

(b) The amount of a refund ordered as provided in an agreement

resulting from an informal settlement conference may not exceed

the amount the consumer paid to the license holder for a service

regulated by this chapter. The department may not require

payment of other damages or estimate harm in a refund order.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 55, eff. September 1, 2005.

SUBCHAPTER J. PENALTIES AND ENFORCEMENT PROVISIONS

Sec. 603.451. INJUNCTION. (a) The department may request the

attorney general or the appropriate county or district attorney

to commence an action to enjoin a violation of this chapter.

(b) The remedy provided by this section is in addition to any

other action authorized by law.

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

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 56, eff. September 1, 2005.

Sec. 603.4515. CIVIL PENALTY. (a) A person who violates this

chapter, a rule adopted by the executive commissioner, or an

order adopted by the commissioner under this chapter is liable

for a civil penalty not to exceed $5,000 a day.

(b) At the request of the department, the attorney general shall

bring an action to recover a civil penalty authorized under this

section.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 18, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 57, eff. September 1, 2005.

Sec. 603.452. CRIMINAL PENALTY. (a) A person commits an

offense if the person knowingly violates Section 603.251 or

603.354.

(b) An offense under this section is a Class B misdemeanor.

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

Sec. 603.453. CEASE AND DESIST ORDER. (a) If it appears to the

commissioner that a person who is not licensed under this chapter

is violating this chapter, a rule adopted under this chapter, or

another state statute or rule relating to the practice of

perfusion, the commissioner after notice and an opportunity for a

hearing may issue a cease and desist order prohibiting the person

from engaging in the activity.

(b) A violation of an order under this section constitutes

grounds for imposing an administrative penalty under this

chapter.

Added by Acts 2005, 79th Leg., Ch.

231, Sec. 58, eff. September 1, 2005.

SUBCHAPTER K. ADMINISTRATIVE PENALTY

Sec. 603.501. IMPOSITION OF ADMINISTRATIVE PENALTY. The

department 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.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 59, eff. September 1, 2005.

Sec. 603.502. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The amount

of the administrative penalty may not be less than $50 or more

than $5,000 for each violation. Each day a violation continues or

occurs is a separate violation for the purpose of imposing a

penalty.

(b) The amount shall be based on:

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

circumstances, extent, and gravity of the violation;

(2) the economic harm caused by the violation;

(3) the history of previous violations;

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

(5) efforts to correct the violation; and

(6) any other matter that justice may require.

administrative penalty schedule based on the criteria listed in

Subsection (b) for violations of this chapter or applicable rules

to ensure that the amounts of penalties imposed are appropriate

to the violation. The executive commissioner shall provide the

administrative penalty schedule to the public on request.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 60, eff. September 1, 2005.

Sec. 603.503. REPORT AND NOTICE OF VIOLATION AND PENALTY. (a)

If the commissioner or the commissioner's designee determines

that a violation occurred, the commissioner or the designee may

issue to the department a report stating:

(1) the facts on which the determination is based; and

(2) the commissioner's or the designee's recommendation on the

imposition of an administrative penalty, including a

recommendation on the amount of the penalty.

(b) Within 14 days after the date the report is issued, the

commissioner or the commissioner's designee shall give written

notice of the report to the person. The notice must:

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

(2) state the amount of the recommended administrative 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.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 61, eff. September 1, 2005.

Sec. 603.504. PENALTY TO BE PAID OR HEARING REQUESTED. (a)

Within 10 days after the date the person receives the notice, the

person in writing may:

(1) accept the determination and recommended administrative

penalty of the commissioner or the commissioner's designee; or

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

violation, the amount of the penalty, or both.

(b) If the person accepts the determination and recommended

penalty of the commissioner or the commissioner's designee, the

commissioner by order shall approve the determination and impose

the recommended penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 62, eff. September 1, 2005.

Sec. 603.505. HEARING. (a) If the person requests a hearing or

fails to respond in a timely manner to the notice, the

commissioner or the commissioner's designee shall set a hearing

and give written notice of the hearing to the person.

(b) An administrative law judge of the State Office of

Administrative Hearings shall hold the hearing.

conclusions of law and promptly issue to the commissioner a

proposal for a decision about the occurrence of the violation and

the amount of a proposed administrative penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 63, eff. September 1, 2005.

Sec. 603.506. DECISION BY COMMISSIONER. (a) Based on the

findings of fact, conclusions of law, and proposal for decision,

the commissioner by order may determine that:

(1) a violation occurred and impose an administrative penalty;

(2) a violation did not occur.

(b) The notice of the commissioner's order given to the person

must include a statement of the right of the person to judicial

review of the order.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 64, eff. September 1, 2005.

Sec. 603.507. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a)

Within 30 days after the date the commissioner's order becomes

final, the person shall:

(1) pay the administrative penalty; or

(2) file a petition for judicial review 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:

(i) is for the amount of the penalty; and

(ii) is effective until all judicial review of the

commissioner'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) giving a copy of the affidavit to the commissioner or the

commissioner's designee by certified mail.

a copy of an affidavit under Subsection (b)(2), the commissioner

or the designee may file with the court, within five days after

the date the copy is received, a contest to the affidavit.

(d) 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 and to give a

supersedeas bond.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

231, Sec. 65, eff. September 1, 2005.

Sec. 603.508. COLLECTION OF PENALTY. (a) If the person does

not pay the administrative penalty and the enforcement of the

penalty is not stayed, the penalty may be collected.

(b) The attorney general may sue to collect the penalty.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Sec. 603.509. DETERMINATION BY COURT. (a) If the court

sustains the determination that a violation occurred, the court

may uphold or reduce the amount of the administrative penalty and

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

penalty.

(b) If the court does not sustain the finding that a violation

occurred, the court shall order that a penalty is not owed.

Added by Acts 2003, 78th Leg., ch. 326, Sec. 19, eff. Sept. 1,

2003.

Sec. 603.510. REMITTANCE OF PENALTY AND INTEREST.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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