reglab/statecodes huggingface dataset:
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 110.164. Dynamic Risk Assessment Tool

Sec. 110.164.  DYNAMIC RISK ASSESSMENT TOOL.  (a)  The council shall develop or adopt a dynamic risk assessment tool to be used in determining the likelihood that a person who is confined in a penal institution and will become subject to Chapter 62, Code of Criminal Procedure, on being released from the institution will commit an offense described by Article 62.001(5), Code of Criminal Procedure, after being released from the institution.
(b)  The dynamic risk assessment tool must enable the assignment to a person of a risk level of low, medium, or high.
Added by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 46, eff. June 15, 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 E. Interagency Advisory Committee › Section 110.201. Interagency Advisory Committee

Sec. 110.201.  INTERAGENCY ADVISORY COMMITTEE.  The interagency advisory committee shall advise the council on administering the council's duties under this chapter.
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 E. Interagency Advisory Committee › Section 110.202. Advisory Committee Membership

Sec. 110.202.  ADVISORY COMMITTEE MEMBERSHIP.
(a)  The executive head of each of the following agencies or that person's designated representative shall serve as a member of the interagency advisory committee:
(1)  Texas Department of Criminal Justice;
(2)  Texas Juvenile Justice Department;
(3)  the department;
(4)  Sam Houston State University;
(5)  Department of Family and Protective Services; and
(6)  Texas Council of Community Centers.
(b)  The director of each of the following divisions of a state agency or that person's designated representative shall serve as a member of the interagency advisory committee:
(1)  the criminal justice division of the governor's office;  and
(2)  the sexual assault prevention and crisis services division of the office of the attorney general.
(c)  The council may appoint additional members to the interagency advisory committee as the council determines is necessary.  An additional member appointed by the council must be a representative of a public or private nonprofit entity that has a demonstrated interest in improving the treatment of sex offenders.
(d)  If the executive head of a state agency or the director of a division designates a representative as a member of the interagency advisory committee, the representative must be, at the time of the designation and during the time of service on the committee, an officer or employee of the agency or division.
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. 5.006, 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 E. Interagency Advisory Committee › Section 110.203. Meetings

Sec. 110.203.  MEETINGS.  The interagency advisory committee shall meet at the call of its presiding officer or at the request 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 E. Interagency Advisory Committee › Section 110.204. Agency Cooperation

Sec. 110.204.  AGENCY COOPERATION.  Each state agency or division of an agency represented on the interagency advisory committee shall cooperate with the council at the request 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 F. Public Interest Information and Complaint Procedures › Section 110.251. Public Interest Information

Sec. 110.251.  PUBLIC INTEREST INFORMATION.  (a)  The council shall prepare information of public interest describing the functions of the council and the procedures by which complaints are filed with and resolved by the council.
(b)  The council shall make the information available to the public and appropriate state agencies.
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 F. Public Interest Information and Complaint Procedures › Section 110.252. Public Participation

Sec. 110.252.  PUBLIC PARTICIPATION.  (a)  The council shall develop and implement policies that provide the public with a reasonable opportunity to appear before the council and to speak on any issue under the council's jurisdiction.
(b)  The executive director shall prepare and maintain a written plan describing how a person who does not speak English may be provided reasonable access to the council's programs and services.
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 F. Public Interest Information and Complaint Procedures › Section 110.253. Complaints

Sec. 110.253.  COMPLAINTS.  The council by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the council for the purpose of directing complaints to the council.  The council may provide for that notice:
(1)  on each license form, application, or written contract for services of a person regulated under this chapter;
(2)  on a sign prominently displayed in the place of business of each person regulated under this chapter;  or
(3)  in a bill for service provided by a person regulated under this chapter.
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. 11, 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 F. Public Interest Information and Complaint Procedures › Section 110.254. Record of Complaints

Sec. 110.254.  RECORD OF COMPLAINTS.  (a)  The council shall keep an information file about each written complaint filed with the council that the council has authority to resolve.  The information file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  for a complaint for which the council took no action, an explanation of the reason the complaint was closed without action.
(b)  The council shall provide to a person filing a complaint and to each person who is the subject of the complaint a copy of the council's policies and procedures relating to complaint investigation and resolution.
(c)  The council, at least quarterly and until final disposition of a complaint, shall notify the person filing the complaint and each person who is the subject of the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
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 F. Public Interest Information and Complaint Procedures › Section 110.255. Complaint Investigation; Subpoenas

Sec. 110.255.  COMPLAINT INVESTIGATION;  SUBPOENAS.  (a)  In an investigation of a complaint filed with the council, the council may request that the commissioner of state health services or the commissioner's designee approve the issuance of a subpoena.  If the request is approved, the council may issue a subpoena to compel the attendance of a relevant witness or the production, for inspection or copying, of relevant evidence in this state.  The council may delegate the authority granted under this subsection to the executive director of the council.
(b)  A subpoena may be served personally or by certified mail.
(c)  If a person fails to comply with a subpoena, the council, acting through the attorney general, may file suit to enforce the subpoena in a district court in Travis County or the county in which a hearing conducted by the council 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 council shall pay a reasonable fee for photocopies subpoenaed under this section in an amount not to exceed the amount the council may charge for copies of its records.
(f)  The reimbursement of the expenses of a witness whose attendance is compelled under this section is governed by Section 2001.103, Government Code.
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. 5.007, 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 F. Public Interest Information and Complaint Procedures › Section 110.256. Confidentiality

Sec. 110.256.  CONFIDENTIALITY.  (a)  Except as provided by Subsection (b), all information and materials subpoenaed or compiled by the council 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 council or its employees or agents involved in the complaint and investigation.
(b)  The information described by Subsection (a) may be disclosed to:
(1)  persons involved with the council in a complaint and investigation;
(2)  professional sex offender treatment provider licensing or disciplinary boards in other jurisdictions;
(3)  an approved peer assistance program, as defined by Section 467.001, Health and Safety Code;
(4)  law enforcement agencies; and
(5)  persons engaged in bona fide research, if all individual-identifying information is deleted.
(c)  The filing of formal charges by the council against a person under this chapter, the nature of those charges, the council's disciplinary proceedings, and final disciplinary actions, including warnings and reprimands, by the council are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.
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. 5.008, 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 G. Sex Offender Treatment Provider License › Section 110.301. License Required

Sec. 110.301.  LICENSE REQUIRED.  (a)  A person may not provide sex offender treatment or act as a sex offender treatment provider unless the person is licensed under this chapter.
(b)  A person may not claim to be a sex offender treatment provider, or use the title "sex offender treatment provider" or a similar title or an abbreviation that implies the person is a sex offender treatment provider, unless the person is licensed under this chapter.
(c)  This section does not apply to a physician whose treatment of a sex offender is limited to prescribing medication to the sex offender.
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. 13, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 1219 (H.B. 2034), Sec. 4, 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 G. Sex Offender Treatment Provider License › Section 110.302. License Requirements

Sec. 110.302.  LICENSE REQUIREMENTS.  (a)  The council by rule shall develop procedures and eligibility and other requirements for issuance of a license under this chapter, including, if appropriate, requirements related to clinical practice experience and assessment, continuing education, and supervision.
(b)  In developing the rules, the council shall coordinate with the Texas Department of Criminal Justice and the Texas Juvenile Justice Department.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 61
(c)  The Texas Board of Criminal Justice may vote to exempt employees of the Texas Department of Criminal Justice from a specific licensing requirement imposed under this section if the board determines that the requirement causes financial or operational hardship on the agency.  The Texas Youth Commission may not exempt any employee of the commission from a licensing requirement imposed by this section for any reason.
Text of subsection as amended by Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 47
(c)  The governing board of the Texas Youth Commission may vote to exempt employees of the Texas Youth Commission from a specific licensing requirement imposed under this section if the board determines that the requirement causes financial or operational hardship on the agency.  The Texas Board of Criminal Justice may not exempt any employee of the Texas Department of Criminal Justice from a licensing requirement imposed by this section for any reason.
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. 14, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 263 (S.B. 103), Sec. 61, eff. June 8, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1308 (S.B. 909), Sec. 47, eff. June 15, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.009, 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 G. Sex Offender Treatment Provider License › Section 110.303. License of Out-of-State Applicants

Sec. 110.303.  LICENSE OF OUT-OF-STATE APPLICANTS.  The council may waive any prerequisite to a license for an applicant after reviewing the applicant's credentials and determining that the applicant holds a valid license from another state that has license requirements substantially equivalent to those of this state.
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. 15, 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 G. Sex Offender Treatment Provider License › Section 110.304. Conviction or Deferred Adjudication Information

Sec. 110.304.  CONVICTION OR DEFERRED ADJUDICATION INFORMATION.  The council may receive from a law enforcement agency information about the conviction or deferred adjudication of a person who has applied for a license or renewal of a license.
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. 16, 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 G. Sex Offender Treatment Provider License › Section 110.3045. License Term

Sec. 110.3045.  LICENSE TERM.  A license issued under this chapter is valid for two years.
Added by Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 5.010, 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 G. Sex Offender Treatment Provider License › Section 110.305. License Expiration

Sec. 110.305.  LICENSE EXPIRATION.  (a)  The council by rule may adopt a system under which licenses expire on various dates during the year.
(b)  For the year in which the license expiration date is changed, license fees shall be prorated on a monthly basis so that each person pays only that portion of the license fee allocable to the number of months during which the license is valid.
(c)  On renewal of a license on the new expiration date, the total license renewal fee is payable.
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. 17, 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 G. Sex Offender Treatment Provider License › Section 110.306. License Renewal Required

Sec. 110.306.  LICENSE RENEWAL REQUIRED.  A person whose license has expired may not engage in activities that require a license until the license is renewed.
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. 18, 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 G. Sex Offender Treatment Provider License › Section 110.307. Procedure for Renewal

Sec. 110.307.  PROCEDURE FOR RENEWAL.  (a)  Not later than the 30th day before the expiration date of a person's license, the council shall send written notice of the license expiration to the person at the person's last known address according to the records of the council.
(b)  A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required license fee to the council before the license expiration date.
(c)  A person who is otherwise eligible to renew a license and whose license has been expired for:
(1)  90 days or less, may renew the license by paying to the council a fee equal to one and one-half times the required renewal fee;  and
(2)  longer than 90 days but less than one year, may renew the license by paying to the council a fee equal to two times the required renewal fee.
(d)  Except as provided by Section 110.308, a person whose license has been expired for one year or longer 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.
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. 19, 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 G. Sex Offender Treatment Provider License › Section 110.308. Renewal of Expired License by Out-of-State Practitioner

Sec. 110.308.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  A person whose license has been expired for one year or longer may renew the license without complying with the requirements of Section 110.307(d) by paying to the council a fee equal to two times the required renewal fee if the person:
(1)  was licensed in this state;
(2)  moved to another state;  and
(3)  has been licensed and in practice in the other state for two years preceding the date of application for renewal.
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. 20, 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 G. Sex Offender Treatment Provider License › Section 110.309. Denial of License

Sec. 110.309.  DENIAL OF LICENSE.  The council may deny an application for a license if:
(1)  the council determines that a previous criminal conviction or deferred adjudication indicates the applicant is not qualified or suitable;  or
(2)  the applicant fails to provide the information described by Section 110.156(a)(1).
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. 21, 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 H. Disciplinary Procedures › Section 110.351. Disciplinary Powers of Council

Sec. 110.351.  DISCIPLINARY POWERS OF COUNCIL.  The council shall revoke, suspend, or refuse to renew a license, place on probation a person whose license has been suspended, or reprimand a person who is licensed under this chapter if the person violates this chapter or a rule of the council.
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. 22, 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 H. Disciplinary Procedures › Section 110.352. Probation

Sec. 110.352.  PROBATION.  If the suspension of a person's license is probated, the council may require the person to:
(1)  report regularly to the council on matters that are the basis of the probation;
(2)  limit the person's practice to the areas prescribed by the council;  or
(3)  continue or review professional education until the person attains a degree of skill satisfactory to the council in those areas that are the basis of the probation.
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. 23, 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 H. Disciplinary Procedures › Section 110.353. Disciplinary Hearing

Sec. 110.353.  DISCIPLINARY HEARING.  (a)  If the council proposes to revoke, suspend, or refuse to renew a person's license, the person is entitled to a hearing conducted by the State Office of Administrative Hearings.
(b)  Disciplinary proceedings are governed by Chapter 2001, Government Code.
(c)  Rules of practice adopted by the council under Section 2001.004, Government Code, applicable to the proceedings for a disciplinary action may not conflict with rules adopted by the State Office of Administrative Hearings.
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. 24, 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 H. Disciplinary Procedures › Section 110.354. Emergency Suspension

Sec. 110.354.  EMERGENCY SUSPENSION.  (a)  The council or a three-member committee of council members designated by the council shall temporarily suspend the license of a person licensed under this chapter if the council or committee determines from the evidence or information presented to it that continued practice by the person 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.
(c)  The State Office of Administrative Hearings shall hold a 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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 25, 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 I. Criminal Penalties › Section 110.401. Offense

Sec. 110.401.  OFFENSE.  (a)  A person commits an offense if the person violates Section 110.301.
(b)  An offense under this section is a Class A misdemeanor.
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. 27, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 28, 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 I. Criminal Penalties › Section 110.402. Offense: Release of Adjudication Information

Sec. 110.402.  OFFENSE:  RELEASE OF ADJUDICATION INFORMATION.  (a)  A person commits an offense if the person releases or discloses in violation of Section 110.156 adjudication information received by the council.
(b)  An offense under this section is a Class A misdemeanor.
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 J. Administrative Penalty › Section 110.451. Imposition of Administrative Penalty

Sec. 110.451.  IMPOSITION OF ADMINISTRATIVE PENALTY.  The council 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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.452. Amount of Administrative Penalty

Sec. 110.452.  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.
Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.453. Report and Notice of Violation and Penalty

Sec. 110.453.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the executive director determines that a violation occurred, the executive director may issue to the council a report stating:
(1)  the facts on which the determination is based; and
(2)  the executive director'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 executive director 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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.454. Penalty to Be Paid or Hearing Requested

Sec. 110.454.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Within 20 days after the date the person receives the notice, the person in writing may:
(1)  accept the determination and recommended administrative penalty of the executive director; 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 executive director, or fails to respond in a timely manner to the notice, the council by order shall approve the determination and impose the recommended penalty.
Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.455. Hearing

Sec. 110.455.  HEARING.  (a)  If the person requests a hearing, the executive director 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.
(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the council a proposal for a decision about the occurrence of the violation and the amount of a proposed administrative penalty.
Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.456. Decision by Council

Sec. 110.456.  DECISION BY COUNCIL.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the council by order may determine that:
(1)  a violation occurred and impose an administrative penalty; or
(2)  a violation did not occur.
(b)  The notice of the council'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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.457. Options Following Decision: Pay or Appeal

Sec. 110.457.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Within 30 days after the date the council'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 council'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 executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director 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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.458. Collection of Penalty

Sec. 110.458.  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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.459. Determination by Court

Sec. 110.459.  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 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.460. Remittance of Penalty and Interest

Sec. 110.460.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If the person paid the administrative penalty and if the amount of the penalty is reduced or the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, that the appropriate amount plus accrued interest be remitted to the person.
(b)  The interest accrues at the rate charged on loans to depository institutions by the New York Federal Reserve Bank.
(c)  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
(d)  If the person gave a supersedeas bond and the penalty is not upheld by the court, the court shall order, when the court's judgment becomes final, the release of the bond.
(e)  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the reduced amount.
Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, 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 J. Administrative Penalty › Section 110.461. Administrative Procedure

Sec. 110.461.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is a contested case under Chapter 2001, Government Code.
Added by Acts 2005, 79th Leg., Ch. 1089 (H.B. 2036), Sec. 26, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.001. Definitions

Sec. 111.001.  DEFINITIONS.  In this chapter:
(1)  "Dentist," "health professional," and "physician" have the meanings assigned by Section 1455.001, Insurance Code.
(2)  "Store and forward technology" means technology that stores and transmits or grants access to a person's clinical information for review by a health professional at a different physical location than the person.
(2-a)  "Teledentistry dental service" means a health care service delivered by a dentist, or a health professional acting under the delegation and supervision of a dentist, acting within the scope of the dentist's or health professional's license or certification to a patient at a different physical location than the dentist or health professional using telecommunications or information technology.
(3)  "Telehealth service" means a health service, other than a telemedicine medical service or a teledentistry dental service, delivered by a health professional licensed, certified, or otherwise entitled to practice in this state and acting within the scope of the health professional's license, certification, or entitlement to a patient at a different physical location than the health professional using telecommunications or information technology.
(4)  "Telemedicine medical service" means a health care service delivered by a physician licensed in this state, or a health professional acting under the delegation and supervision of a physician licensed in this state, and acting within the scope of the physician's or health professional's license to a patient at a different physical location than the physician or health professional using telecommunications or information technology.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1, 2005.
Renumbered from Occupations Code, Section 107.001 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(69), eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 1, eff. May 27, 2017.
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.002. Informed Consent

Sec. 111.002.  INFORMED CONSENT.  (a)  A treating physician, dentist, or health professional who provides or facilitates the use of telemedicine medical services, teledentistry dental services, or telehealth services shall ensure that the informed consent of the patient, or another appropriate individual authorized to make health care treatment decisions for the patient, is obtained before telemedicine medical services, teledentistry dental services, or telehealth services are provided.
(b)  A dentist who delegates a teledentistry dental service shall ensure that the informed consent of the patient includes disclosure to the patient that the dentist has delegated the service.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1, 2005.
Renumbered from Occupations Code, Section 107.002 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(69), eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.003. Confidentiality

Sec. 111.003.  CONFIDENTIALITY.  A treating physician, dentist, or health professional who provides or facilitates the use of telemedicine medical services, teledentistry dental services, or telehealth services shall ensure that the confidentiality of the patient's clinical information is maintained as required by Chapter 159, by Subchapter C, Chapter 258, or by other applicable law.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1, 2005.
Renumbered from Occupations Code, Section 107.003 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(69), eff. September 1, 2005.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.004. Rules

Sec. 111.004.  RULES.  (a)  The Texas Medical Board, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to:
(1)  ensure that patients using telemedicine medical services receive appropriate, quality care;
(2)  prevent abuse and fraud in the use of telemedicine medical services, including rules relating to the filing of claims and records required to be maintained in connection with telemedicine medical services;
(3)  ensure adequate supervision of health professionals who are not physicians and who provide telemedicine medical services; and
(4)  establish the maximum number of health professionals who are not physicians that a physician may supervise through a telemedicine medical service.
(b)  The State Board of Dental Examiners, in consultation with the commissioner of insurance, as appropriate, may adopt rules necessary to:
(1)  ensure that patients using teledentistry dental services receive appropriate, quality care;
(2)  prevent abuse and fraud in the use of teledentistry dental services, including rules relating to the filing of claims and records required to be maintained in connection with teledentistry dental services;
(3)  ensure adequate supervision of health professionals who are not dentists and who provide teledentistry dental services under the delegation and supervision of a dentist; and
(4)  authorize a dentist to simultaneously delegate to and supervise through a teledentistry dental service not more than five health professionals who are not dentists.
Added by Acts 2003, 78th Leg., ch. 1274, Sec. 22, eff. April 1, 2005.
Renumbered from Occupations Code, Section 107.004 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(69), eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 2, eff. May 27, 2017.
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.006. Coordination to Adopt Rules That Determine Valid Prescription

Sec. 111.006.  COORDINATION TO ADOPT RULES THAT DETERMINE VALID PRESCRIPTION.  (a)  The Texas Medical Board, the Texas Board of Nursing, the Texas Physician Assistant Board, and the Texas State Board of Pharmacy shall jointly adopt rules that establish the determination of a valid prescription in accordance with Section 111.005.  Rules adopted under this section must allow for the establishment of a practitioner-patient relationship by a telemedicine medical service provided by a practitioner to a patient in a manner that complies with Section 111.005(a)(3).
(b)  The Texas Medical Board, the Texas Board of Nursing, the Texas Physician Assistant Board, and the Texas State Board of Pharmacy shall jointly develop and publish on each respective board's Internet website responses to frequently asked questions relating to the determination of a valid prescription issued in the course of the provision of telemedicine medical services.
(c)  The State Board of Dental Examiners and the Texas State Board of Pharmacy shall jointly adopt rules that establish the determination of a valid prescription in accordance with Section 111.005.  Rules adopted under this subsection must allow for the establishment of a practitioner-patient relationship by a teledentistry dental service provided by a dentist to a patient in a manner that complies with Section 111.005(a)(3) and must be substantially similar to the rules adopted under Subsection (a) of this section.  The State Board of Dental Examiners and the Texas State Board of Pharmacy shall jointly develop and publish on each respective board's Internet website responses to frequently asked questions relating to the determination of a valid prescription issued in the course of the provision of teledentistry dental services.
Added by Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 3, eff. May 27, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.007. Standard of Care for Telemedicine Medical Services, Teledentistry Dental Services, and Telehealth Services

Sec. 111.007.  STANDARD OF CARE FOR TELEMEDICINE MEDICAL SERVICES, TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES.  (a)  A health professional providing a health care service or procedure as a telemedicine medical service, a teledentistry dental service, or a telehealth service is subject to the standard of care that would apply to the provision of the same health care service or procedure in an in-person setting.
(b)  An agency with regulatory authority over a health professional may not adopt rules pertaining to telemedicine medical services, teledentistry dental services, or telehealth services that would impose a higher standard of care than the standard described in Subsection (a).
Added by Acts 2017, 85th Leg., R.S., Ch. 205 (S.B. 1107), Sec. 3, eff. May 27, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle A - Provisions Applying to Health Professions Generally › Chapter 111 - Telemedicine, Teledentistry, and Telehealth › Section 111.0075. Licensing for Teledentistry Dental Services

Sec. 111.0075.  LICENSING FOR TELEDENTISTRY DENTAL SERVICES.  A health professional providing a health care service or procedure as a teledentistry dental service is subject to the licensing requirements that would apply to the provision of the same health care service or procedure in an in-person setting.
Added by Acts 2021, 87th Leg., R.S., Ch. 811 (H.B. 2056), Sec. 10, eff. September 1, 2021.