reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter C. Treatment of Certain Patients › Section 107.102. Authority to Treat

Sec. 107.102.  AUTHORITY TO TREAT.  This chapter authorizes a physician to treat a patient with an acute or chronic painful medical condition with a dangerous drug or controlled substance to relieve the patient's pain using appropriate doses, for an appropriate length of time, and for as long as the pain persists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter C. Treatment of Certain Patients › Section 107.103. Duty to Monitor Patient

Sec. 107.103.  DUTY TO MONITOR PATIENT.  A physician who treats a patient under this subchapter shall monitor the patient to ensure that a prescribed dangerous drug or controlled substance is used only for the treatment of the patient's painful medical condition.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter C. Treatment of Certain Patients › Section 107.104. Documentation and Consultation Required

Sec. 107.104.  DOCUMENTATION AND CONSULTATION REQUIRED.  To ensure that a prescribed dangerous drug or controlled substance is not diverted to another use and to ensure the appropriateness of the treatment of the patient's targeted symptoms, the physician shall:
(1)  specifically document:
(A)  the understanding between the physician and patient about the patient's prescribed treatment;
(B)  the name of the drug or substance prescribed;
(C)  the dosage and method of taking the prescribed drug or substance;
(D)  the number of dose units prescribed;  and
(E)  the frequency of prescribing and dispensing the drug or substance;  and
(2)  consult with a psychologist, psychiatrist, expert in the treatment of addictions, or other health care professional, as appropriate.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter D. Disciplinary Action › Section 107.151. Disciplinary Action Prohibited

Sec. 107.151.  DISCIPLINARY ACTION PROHIBITED.  A physician is not subject to disciplinary action by the board for prescribing or administering a dangerous drug or controlled substance in the course of treatment of a person for intractable pain.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 107 - Intractable Pain Treatment › Subchapter D. Disciplinary Action › Section 107.152. Authority of Board to Revoke or Suspend License

Sec. 107.152.  AUTHORITY OF BOARD TO REVOKE OR SUSPEND LICENSE.  (a)  This chapter does not affect the authority of the board to revoke or suspend the license of a physician who:
(1)  prescribes, administers, or dispenses a drug or treatment:
(A)  for a purpose that is not a legitimate medical purpose as defined by the board;  and
(B)  that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is administered or prescribed;
(2)  fails to keep a complete and accurate record of the purchase and disposal of:
(A)  a drug listed in Chapter 481, Health and Safety Code;  or
(B)  a controlled substance scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
(3)  writes a false or fictitious prescription for:
(A)  a dangerous drug as defined by Chapter 483, Health and Safety Code;
(B)  a controlled substance listed in a schedule under Chapter 481, Health and Safety Code;  or
(C)  a controlled substance scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);  or
(4)  prescribes, administers, or dispenses in a manner inconsistent with public health and welfare:
(A)  a dangerous drug as defined by Chapter 483, Health and Safety Code;
(B)  a controlled substance listed in a schedule under Chapter 481, Health and Safety Code;  or
(C)  a controlled substance scheduled in the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b)  For purposes of Subsection (a)(2), the physician's records must include a record of:
(1)  the date of purchase;
(2)  the sale or disposal of the drug or substance by the physician;
(3)  the name and address of the person receiving the drug or substance;  and
(4)  the reason for the disposal or dispensing of the drug or substance to the person.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.002(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter A. Suspension or Revocation of Physician License for Certain Drug Felony Convictions › Section 108.001. Definition

Sec. 108.001.  DEFINITION.  In this subchapter, "board" means the Texas Medical Board.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.003(a), eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter A. Suspension or Revocation of Physician License for Certain Drug Felony Convictions › Section 108.002. License Suspension on Conviction; Revocation

Sec. 108.002.  LICENSE SUSPENSION ON CONVICTION;  REVOCATION.  (a)  The board shall suspend a license issued by the board if it is determined at an administrative hearing that the license holder has been convicted of a felony under Chapter 481 or 483, Health and Safety Code, or Section 485.032 of that code.
(b)  A hearing under Subsection (a) shall be conducted under Chapter 2001, Government Code.
(c)  The board shall revoke the license of a person whose license is suspended under Subsection (a) on the person's final conviction.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.003(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter A. Suspension or Revocation of Physician License for Certain Drug Felony Convictions › Section 108.003. License Reinstatement or Reissuance

Sec. 108.003.  LICENSE REINSTATEMENT OR REISSUANCE.  (a)  The board may not reinstate or reissue a license suspended or revoked under Section 108.002 unless an express determination is made that the reinstatement or reissuance of the license is in the best interests of the public and the person whose license was suspended or revoked.
(b)  The board must base its determination under Subsection (a) on substantial evidence contained in an investigative report.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.003(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter B. Automatic Denial or Revocation of Health Care Professional License › Section 108.051. Definitions

Sec. 108.051.  DEFINITIONS.  In this subchapter:
(1)  "Health care professional" means:
(A)  a dentist licensed under Subtitle D;
(B)  a dental hygienist licensed under Chapter 262;
(C)  a hearing instrument fitter and dispenser licensed under Chapter 402;
(D)  a nurse, including an advanced practice registered nurse, licensed under Chapter 301;
(E)  an occupational therapist licensed under Chapter 454;
(F)  an optometrist or therapeutic optometrist licensed under Chapter 351;
(G)  a pharmacist licensed under Subtitle J;
(H)  a physical therapist licensed under Chapter 453;
(I)  a physician licensed under Subtitle B;
(J)  a physician assistant licensed under Chapter 204;
(K)  a podiatrist licensed under Chapter 202;
(L)  a psychologist licensed under Chapter 501;
(M)  a social worker licensed under Chapter 505; and
(N)  a speech-language pathologist or audiologist licensed under Chapter 401.
(2)  "License" means a license, certificate, registration, permit, or other authorization that:
(A)  is issued by a licensing authority; and
(B)  a person must obtain to practice or engage in a particular business, occupation, or profession.
(3)  "Licensing authority" means a department, commission, board, office, or other agency of this state that issues a license.
Added by Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter B. Automatic Denial or Revocation of Health Care Professional License › Section 108.052. Denial of License

Sec. 108.052.  DENIAL OF LICENSE.  A licensing authority shall deny an application for a license as a health care professional for an applicant who:
(1)  is required to register as a sex offender under Chapter 62, Code of Criminal Procedure;
(2)  has been previously convicted of or placed on deferred adjudication community supervision for the commission of a felony offense involving the use or threat of force; or
(3)  has been previously convicted of or placed on deferred adjudication community supervision for the commission of an offense:
(A)  under Section 22.011, 22.02, 22.021, or 22.04, Penal Code, or an offense under the laws of another state or federal law that is equivalent to an offense under one of those sections;
(B)  committed:
(i)  when the applicant held a license as a health care professional in this state or another state; and
(ii)  in the course of providing services within the scope of the applicant's license; and
(C)  in which the victim of the offense was a patient of the applicant.
Added by Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter B. Automatic Denial or Revocation of Health Care Professional License › Section 108.053. Revocation of License

Sec. 108.053.  REVOCATION OF LICENSE.  (a)  The license of a health care professional is revoked if the health care professional is:
(1)  convicted or placed on deferred adjudication community supervision for an offense described by Section 108.052(2) or (3); or
(2)  required to register as a sex offender under Chapter 62, Code of Criminal Procedure.
(b)  The licensing authority shall revoke a license and update the authority's records to reflect the revocation under Subsection (a) immediately on receiving notification:
(1)  by a court under Article 42.0175, Code of Criminal Procedure, that the court made a finding under that article; or
(2)  by a parole panel under Section 508.1864, Government Code, that the license holder is required to register as a sex offender under Chapter 62, Code of Criminal Procedure, as a condition of release on parole or to mandatory supervision.
Added by Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter B. Automatic Denial or Revocation of Health Care Professional License › Section 108.054. Reapplication

Sec. 108.054.  REAPPLICATION.  A person whose license application is denied under this subchapter:
(1)  based on a conviction or placement on deferred adjudication community supervision for an offense described by Section 108.052(2) or (3) may reapply for the license if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal; or
(2)  based on a requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure, may reapply for the license after the expiration of the period for which the person is required to register.
Added by Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 108 - License Suspension or Revocation Required › Subchapter B. Automatic Denial or Revocation of Health Care Professional License › Section 108.055. Reinstatement

Sec. 108.055.  REINSTATEMENT.  A person whose license is revoked under this subchapter:
(1)  based on a conviction or placement on deferred adjudication community supervision for an offense described by Section 108.052(2) or (3) may apply for reinstatement of the license with the appropriate licensing authority if the conviction or deferred adjudication is reversed, set aside, or vacated on appeal; or
(2)  based on a requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure, may apply for reinstatement of the license after the expiration of the period for which the person is required to register.
Added by Acts 2019, 86th Leg., R.S., Ch. 789 (H.B. 1899), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter A. General Provisions › Section 109.001. Definitions

Sec. 109.001.  DEFINITIONS.  In this chapter:
(1)  "Administration of criminal justice" and "criminal justice agency" have the meanings assigned by Article 66.001, Code of Criminal Procedure.
(2)  "Local law enforcement authority" has the meaning assigned by Article 62.001, Code of Criminal Procedure.
(3)  "Sex offender" has the meaning assigned by Article 42A.251(2), Code of Criminal Procedure.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.10, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.80, eff. January 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1058 (H.B. 2931), Sec. 4.15, eff. January 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter A. General Provisions › Section 109.002. Purpose of Releasing Information

Sec. 109.002.  PURPOSE OF RELEASING INFORMATION.  A person who is required by this chapter to release or obtain information may do so only for the administration of criminal justice.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4, eff. April 10, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter A. General Provisions › Section 109.003. Immunity From Damages

Sec. 109.003.  IMMUNITY FROM DAMAGES.  A person who releases or obtains information as authorized by this chapter is not liable for damages arising from the release of the information.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter B. Release of Treatment Information › Section 109.051. Release by Persons Providing Mental Health or Medical Services

Sec. 109.051.  RELEASE BY PERSONS PROVIDING MENTAL HEALTH OR MEDICAL SERVICES.  (a)  Information concerning the treatment of a sex offender may be released by a person who:
(1)  is licensed or certified in this state to provide mental health or medical services, including a:
(A)  physician;
(B)  psychiatrist;
(C)  psychologist;
(D)  licensed professional counselor;
(E)  licensed marriage and family therapist;  or
(F)  social worker;  and
(2)  while licensed or certified, provides or provided mental health or medical services for the rehabilitation of sex offenders.
(b)  Notwithstanding Subtitle B, Title 3, of this code or Chapter 611, Health and Safety Code, a person described by Subsection (a), on request or in the normal course of business, shall release information concerning the treatment of a sex offender to:
(1)  another person described by Subsection (a);
(2)  a criminal justice agency;
(3)  a local law enforcement authority; or
(4)  the Texas Civil Commitment Office.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4, eff. April 10, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter B. Release of Treatment Information › Section 109.052. Release by Criminal Justice Agency

Sec. 109.052.  RELEASE BY CRIMINAL JUSTICE AGENCY.  A criminal justice agency, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to:
(1)  another criminal justice agency;
(2)  a local law enforcement authority;
(3)  a person described by Section 109.051(a); or
(4)  the Texas Civil Commitment Office.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4, eff. April 10, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 19, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter B. Release of Treatment Information › Section 109.053. Release by Local Law Enforcement Authority

Sec. 109.053.  RELEASE BY LOCAL LAW ENFORCEMENT AUTHORITY.  A local law enforcement authority, on request or in the normal course of official business, shall release information concerning the treatment of a sex offender to:
(1)  another local law enforcement authority;
(2)  a criminal justice agency;
(3)  a person described by Section 109.051(a); or
(4)  the Texas Civil Commitment Office.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.004(a), eff. Sept. 1, 2003.  Amended by Acts 2003, 78th Leg., ch. 6, Sec. 4, eff. April 10, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 351 (S.B. 1179), Sec. 20, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 109 - Release of Sex Offender Treatment Information › Subchapter B. Release of Treatment Information › Section 109.054. Treatment Information

Sec. 109.054.  TREATMENT INFORMATION.  In this subchapter, information concerning the treatment of a sex offender includes:
(1)  criminal history;
(2)  the discharge summary;
(3)  the official offense report;
(4)  progress reports;
(5)  test results;
(6)  victim statements; and
(7)  any other information necessary for the treatment of the sex offender.
Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter A. General Provisions › Section 110.001. Definitions

Sec. 110.001.  DEFINITIONS.  In this chapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 5.318(1), eff. April 2, 2015.
(2)  "Council" means the Council on Sex Offender Treatment.
(3)  "Department" means the Department of State Health Services.
(3-a)  "Executive director" means the executive director of the council.
(4)  Repealed by Acts 2005, 79th Leg., Ch. 1089, Sec. 31(1), eff. September 1, 2005.
(5)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1219, Sec. 11, eff. September 1, 2007.
(6)  "Sex offender" means a person who:
(A)  is convicted of committing or adjudicated to have committed a sex crime under state or federal law;
(B)  is awarded deferred adjudication for a sex crime under state or federal law;  or
(C)  is convicted of, adjudicated to have committed, or awarded deferred adjudication for an offense that is based on sexually motivated conduct.
(7)  "Sex offender treatment provider" means a person, licensed by the council and recognized based on training and experience to provide assessment and treatment to adult sex offenders or juveniles with sexual behavioral problems who have been convicted, adjudicated, awarded deferred adjudication, or referred by a state agency or a court, and licensed in this state to practice as a physician, psychiatrist, psychologist, psychological associate, provisionally licensed psychologist, licensed professional counselor, licensed professional counselor intern, licensed marriage and family therapist, licensed marriage and family associate, licensed clinical social worker, licensed master social worker under a clinical supervision plan approved by the Texas Behavioral Health Executive Council, or advanced practice nurse recognized as a psychiatric clinical nurse specialist or psychiatric mental health nurse practitioner, who provides mental health or medical services for rehabilitation of sex offenders.
(8)  "Sexually motivated conduct" has the meaning assigned by Section 841.002, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 3, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 31(1), eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 11, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.001, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.318(1), eff. April 2, 2015.
Acts 2019, 86th Leg., R.S., Ch. 768 (H.B. 1501), Sec. 3.008, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter A. General Provisions › Section 110.002. Application of Chapter

Sec. 110.002.  APPLICATION OF CHAPTER.  (a)  This chapter does not apply to a person licensed to practice in this state who provides adjunct therapy.
(b)  This chapter does not apply to the prescribing of a drug, remedy, or clinical supply by a physician licensed under Subtitle B.
Added by Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.051. Council; Membership

Sec. 110.051.  COUNCIL;  MEMBERSHIP.  (a)  The council is within the department.
(b)  The council consists of seven part-time members, appointed by the governor with the advice and consent of the senate as follows:
(1)  three representatives of the public; and
(2)  four members each of whom meets the requirements for a license as a sex offender treatment provider under this chapter.
(c)  Appointments to the council shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 4, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.052. Public Membership Eligibility

Sec. 110.052.  PUBLIC MEMBERSHIP ELIGIBILITY.  A person is not eligible for appointment as a public member if:
(1)  the person meets the requirements for a license as a sex offender treatment provider under this chapter; or
(2)  the person or the person's spouse:
(A)  is registered, certified, or licensed by an occupational regulatory agency in the field of sex offender treatment;
(B)  is employed by or participates in the management of a business entity or other organization regulated by the council or receiving funds from the council;
(C)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the council or receiving funds from the council;  or
(D)  uses or receives a substantial amount of tangible goods, services, or funds from the council, other than compensation or reimbursement authorized by law for council membership, attendance, or expenses.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.053. Membership and Employee Restrictions

Sec. 110.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a nonprofit, 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)  An officer, employee, or paid consultant of a Texas trade association in the field of sex offender treatment may not be a member of the council and may not be an employee of the council who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(c)  A person who is the spouse of an officer, manager, or paid consultant of a Texas trade association in the field of sex offender treatment may not be a member of the council and may not be an employee of the council who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group A17, of the position classification salary schedule.
(d)  A person may not serve as a member of the council or act as the general counsel to the council 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 council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.054. Terms

Sec. 110.054.  TERMS.  Members of the council serve staggered six-year terms.  The terms of two or three members expire on February 1 of each odd-numbered year.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 15.004(b), eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.055. Presiding Officer

Sec. 110.055.  PRESIDING OFFICER.  The governor shall designate a member of the council as the presiding officer of the council to serve in that capacity at the pleasure of the governor.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.056. Grounds for Removal

Sec. 110.056.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the council that a member:
(1)  does not have at the time of appointment the qualifications required by Sections 110.051(b) and 110.052;
(2)  does not maintain during service on the council the qualifications required by Sections 110.051(b) and 110.052;
(3)  does not complete the training program as required by Section 110.059;
(4)  violates a prohibition established by Section 110.053;
(5)  cannot because of illness or disability discharge the member's duties for a substantial part of the member's term;  or
(6)  is absent from more than half of the regularly scheduled council meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the council.
(b)  The validity of an action of the council is not affected by the fact the action is taken when a ground for removal of a council member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the council 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 executive director shall notify the next highest ranking officer of the council, who shall notify the governor and the attorney general that a potential ground exists.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.057. Meetings

Sec. 110.057.  MEETINGS.  (a)  The council shall meet at least four times each year.
(b)  The council may hold additional meetings at the call of the presiding officer or as provided by council rule.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.058. Compensation; Reimbursement

Sec. 110.058.  COMPENSATION;  REIMBURSEMENT.  (a)  A council member may not receive compensation for performing the duties of the council.
(b)  A council member is entitled to reimbursement for travel and other necessary expenses incurred in performing official duties at the rate provided in the General Appropriations Act for state employees.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter B. Council on Sex Offender Treatment › Section 110.059. Training

Sec. 110.059.  TRAINING.  (a)  To be eligible to take office as a member of the council, a person appointed to the council must complete at least one course of a training program that complies with this section.  If the person has not completed the training course at the time of the appointment, the person must complete the training program not later than six months after the date of appointment.
(b)  The training program must provide information to a person regarding:
(1)  the enabling legislation that created the council;
(2)  the programs operated by the council;
(3)  the role and functions of the council;
(4)  the rules of the council, with an emphasis on the rules relating to disciplinary and investigatory authority;
(5)  the current budget for the council;
(6)  the results of the most recent formal audit of the council;
(7)  the requirements of Chapters 551, 552, and 2001, Government Code;
(8)  the requirements of the conflict of interest laws and other laws relating to public officials;  and
(9)  any applicable ethics policies adopted by the council or the Texas Ethics Commission.
(c)  A person appointed to the council is entitled to reimbursement for travel expenses incurred in attending the training program, as provided by the General Appropriations Act, as if the person were a member of the council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter C. Executive Director and Staff › Section 110.101. Executive Director

Sec. 110.101.  EXECUTIVE DIRECTOR.  The commissioner of state health services shall employ an executive director, chosen with the advice and consent of the council, who is the executive head of the council and performs its administrative duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.002, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter C. Executive Director and Staff › Section 110.102. Staff

Sec. 110.102.  STAFF.  The executive director shall employ staff necessary to administer the council's duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter C. Executive Director and Staff › Section 110.103. Division of Responsibilities

Sec. 110.103.  DIVISION OF RESPONSIBILITIES.  The council shall develop and implement policies that clearly separate the policymaking responsibilities of the council and the management responsibilities of the executive director and the staff of the council.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter C. Executive Director and Staff › Section 110.104. Qualifications and Standards of Conduct Information

Sec. 110.104.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The executive director or the executive director's designee shall provide, as often as necessary, to council members and 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.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.151. Treatment for Sex Offenders

Sec. 110.151.  TREATMENT FOR SEX OFFENDERS.  The council shall:
(1)  develop treatment strategies for sex offenders by evaluating in-state and out-of-state programs for sex offender treatment;
(2)  set standards for treatment of sex offenders that must be met by sex offender treatment providers to be eligible for a license under this chapter;  and
(3)  recommend to licensing and regulatory boards and to the directors of current programs methods of improving programs to meet council standards.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.152. List and License Requirements

Sec. 110.152.  LIST AND LICENSE REQUIREMENTS.  The council shall:
(1)  maintain a list of sex offender treatment providers under Section 110.161; and
(2)  develop and implement by rule under Subchapter G:
(A)  license requirements; and
(B)  procedures for sex offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.153. Collection and Dissemination of Information

Sec. 110.153.  COLLECTION AND DISSEMINATION OF INFORMATION.  The council shall collect and disseminate information about available sex offender treatment programs to:
(1)  judicial officers;
(2)  community supervision or parole workers;
(3)  appropriate state and municipal agencies;  and
(4)  the public.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.154. Distribution of Money

Sec. 110.154.  DISTRIBUTION OF MONEY.  The council shall distribute money appropriated to the council by the legislature for that purpose to political subdivisions, private organizations, or other persons to be used for the development, operation, or evaluation of sex offender treatment programs.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.155. Agency Assistance

Sec. 110.155.  AGENCY ASSISTANCE.  The council shall advise and assist agencies in coordinating procedures to provide treatment services.  The treatment services may include community-based programs.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.156. Adjudication Information

Sec. 110.156.  ADJUDICATION INFORMATION.  (a)  The council shall establish a uniform method of obtaining adjudication information.  The uniform method must require that:
(1)  a complete set of fingerprints, the complete name of the person being investigated, or other information necessary to conduct a criminal history background check be submitted to the Department of Public Safety or another law enforcement agency;  and
(2)  if fingerprints are submitted, the fingerprints be submitted to the Federal Bureau of Investigation for further information if a relevant disqualifying record or other substantive information is not obtained from a state or local law enforcement agency.
(b)  A law enforcement agency may provide to the council information about the conviction or deferred adjudication of a person being investigated only if the information:
(1)  is relevant to the person's current or proposed registration;  and
(2)  was collected in accordance with this section.
(c)  The council is not entitled to adjudication information that is not relevant.  Adjudication information is relevant only if it relates to a conviction or deferred adjudication for:
(1)  a sexual offense;
(2)  murder, assault, battery, or any other offense involving personal injury or threat to another person;  or
(3)  a felony not listed in Subdivision (1) or (2).
(d)  All adjudication information received by the council is privileged information and for the exclusive use of the council.  The information may be released or otherwise disclosed to any other person or agency only:
(1)  on court order;  or
(2)  with the consent of the person being investigated.
(e)  The council by rule shall establish a method to collect and destroy adjudication information after the council makes a decision on the eligibility of the person for registration who is the subject of the information.  The council shall destroy the adjudication information not later than the first anniversary of the date of the council's decision on the person's eligibility for registration.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.157. Continuing Education Programs

Sec. 110.157.  CONTINUING EDUCATION PROGRAMS.  The council shall design and conduct continuing education programs for sex offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.158. Rulemaking

Sec. 110.158.  RULEMAKING.  (a)  The council may adopt rules consistent with this chapter.  In adopting rules, the council shall:
(1)  consider the rules and procedures of the department; and
(2)  adopt procedural rules consistent with similar existing rules and procedures of the department.
(b)  A sex offender treatment provider licensed under this chapter is subject to the rules of the council, in relation to the person's provision of sex offender treatment, rather than the rules of the licensing entity by which the provider is licensed or otherwise regulated.  A sex offender treatment provider who acts in conformance with the rules, policies, and procedures of the council is not subject to any  administrative sanction against the provider by the licensing entity by which the provider is licensed or otherwise regulated.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 3, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.003, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.159. Fees

Sec. 110.159.  FEES.  (a)  The council shall:
(1)  charge and collect reasonable fees in amounts necessary to cover the costs of administering this chapter;  and
(2)  send all fees collected under this section to the department.
(a-1)  Notwithstanding Subsection (a), the council shall set fees for issuing or renewing a license in amounts designed to allow the department and the council to recover from the license holders all of the direct and indirect costs to the department and to the council in administering and enforcing this chapter.
(b)  Fees charged and collected by the council under this section may include:
(1)  sex offender treatment provider license and renewal fees;
(2)  training fees;
(3)  publication fees; and
(4)  fees for providing continuing education and other services to sex offender treatment providers.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 9, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.004, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.005, eff. April 2, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.160. Biennial Report

Sec. 110.160.  BIENNIAL REPORT.  (a)  The council shall file biennially a report with the governor, lieutenant governor, and speaker of the house of representatives about the activities of the council.  The council shall include in the report:
(1)  any recommendation made under Section 110.151;  and
(2)  any other recommendation the council considers appropriate.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.161. Publication of List

Sec. 110.161.  PUBLICATION OF LIST.  (a)  The council shall prepare annually a list of sex offender treatment providers.
(b)  The council by rule shall establish procedures for developing and distributing the list of sex offender treatment providers.
(c)  The council, on request, shall make the list of sex offender treatment providers available on payment of a reasonable fee in an amount sufficient to cover the costs of printing and distribution.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 10, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.162. Confidentiality Required

Sec. 110.162.  CONFIDENTIALITY REQUIRED.  The council and the staff and consultants employed by the council shall keep confidential any record relating to the identity, examination, diagnosis, prognosis, or treatment of a sex offender.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 110 - Council on Sex Offender Treatment › Subchapter D. Council Powers and Duties › Section 110.163. Grants and Donations

Sec. 110.163.  GRANTS AND DONATIONS.  The council may apply for and accept on behalf of the state a grant or donation from any source to be used by the council to perform its duties.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 14.005(a), eff. Sept. 1, 2003.