The commission must follow special rulemaking steps for certain health-related professions and cannot adopt a new scope-of-practice or standard-of-care rule unless an advisory board proposed it.
Sec. 51.2031. RULES REGARDING HEALTH-RELATED PROGRAMS; PROVISION OF INFORMATION. (a) This section applies only to the regulation of the following professions by the department: (1) athletic trainers; (2) behavior analysts; (3) dietitians; (4) hearing instrument fitters and dispensers; (5) midwives; (6) orthotists and prosthetists; and (7) speech-language pathologists and audiologists. (a-1) The commission may not adopt a new rule relating to the scope of practice of or a health-related standard of care for a profession to which this section applies unless the rule has been proposed by the advisory board established for that profession. The commission shall adopt rules prescribing the procedure by which an advisory board may propose rules described by this subsection. (a-2) For each rule proposed under Subsection (a-1), the commission shall either adopt the rule as proposed or return the rule to the advisory board for revision. The commission retains authority for final adoption of all rules and is responsible for ensuring compliance with all laws regarding the rulemaking process. (b) The commission shall adopt rules clearly specifying the manner in which the department and commission will solicit input from, and on request provide information to, an advisory board established for a profession to which this section applies regarding the general investigative, enforcement, or disciplinary procedures of the department or commission. Added by Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 1.001, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 1156 (S.B. 589), Sec. 1, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1144 (H.B. 2847), Sec. 7.002, eff. September 1, 2019.