Various Occupational Licensing Boards Undergo Sunset Review Process
There are several key state agencies and programs currently under review by the Texas Sunset Advisory Commission ahead of the 2017 Texas Legislative Session. As a reminder, the Texas Sunset Advisory Commission is an advisory organization charged with monitoring the performance of over 130 state agencies and programs in order to determine the effectiveness, efficiency and necessity of each entity. The Commission’s membership is made up of five Texas State Senators, five Texas State Representatives, and two members of the public, as appointed by the Lt. Governor and Speaker of the Texas House. Together with Sunset staff, the Sunset Advisory Commission conducts a comprehensive review of each agency or program to identify whether or not a certain agency should continue to exist, and if so, what improvements should be made for the agency to best meet the needs of Texans.
Each state agency or program generally undergoes a comprehensive review process every 12 years and, on average, 20-30 agencies are evaluated each legislative session. These agencies and programs often range in both size and the scope. For example, I previously outlined the ongoing Sunset review of the Railroad Commission of Texas (RRC), which represents one of the largest agencies currently under review. Tasked with the sizeable responsibility of regulating the state’s energy industries, the RRC’s Sunset review process will likely be quite comprehensive and include a number of recommendations. However, there are also a number of the state agencies and programs currently under review with a much smaller scope than that of the RRC. This week, I would like to discuss occupational boards in Texas, which represent some of the smaller entities currently under review.
In Texas, many industries that require certain licenses or certifications are governed by a trade-specific state board. It is the responsibility of these various boards or agencies to ensure that those operating within a certain industry follow state laws and adhere to industry best practices. In general, the responsibilities of these entities often include such functions as occupational licensing, enforcement, peer assistance, and providing continuing education. In reviewing the various occupational agencies, Sunset staff will often include several recommendations that are applicable to the overall management of all similar entities. These proposed recommendations include changes aimed at improving transparency and compliance with state laws.
However, it is also important to note that state boards vary greatly based on such factors as industry size, certification or licensing requirements, and regulatory structure. Due to these key differences, it is important that Sunset staff reviews each state board individually and make recommendations that are unique to each entity. For example, the Texas Medical Board (TMB), one of the largest state boards under review, is responsible for overseeing and issuing 15 different types of licenses, certifications and permits. The TMB is also responsible for safeguarding the public through investigating complaints and taking enforcement actions against those licensed by the board. As one of the largest state boards under review, the Texas Medical Board is also one of the most high profile and will likely generate more discussion than other smaller entities.
Meanwhile, the Texas Board of Occupational Therapy Examiners (OT Board), Texas Board of Physical Therapy Examiners (PT Board), and Executive Council of Physical Therapy and Occupational Therapy Examiners represent three of the smaller boards under review this year, in both size and scope of authority. In recent years, the legislature has moved the licensing authority of allied health professions similar to physical therapy to the Texas Department of Licensing and Regulation and the Texas Medical Board. As such, many of the Sunset recommendations unique to these boards are focused on deciding whether or not to consolidate some of the regulatory authority of these boards into other agencies.
As with all agencies under Sunset review, Sunset staff will perform a comprehensive evaluation and analysis of each state occupational board using information and research collected from a variety of different sources, including the individual agencies and confidential public input. Once the Sunset staff publishes a report of its findings and recommended changes, the Sunset Advisory Commission will hold public hearings based on the report. During these hearings, agency staff and stakeholders are able to give feedback to the Commission. Based on a combination of information gathered during these hearings and the Sunset staff report’s findings, the Sunset Advisory Committee then decides which of the suggested proposals or changes should be included in future legislation regarding the reviewed agency’s continuation.
If you would like to learn more about visit the Sunset Advisory Commission and the Sunset review process. You can also find the list of agencies currently under review and links to each agency’s report Agencies Currently Under Review.
If you have any questions regarding the Texas Legislature or the Sunset review process, please don’t hesitate to contact either my Capitol or District office. My offices are available at any time to assist with questions, concerns or comments (Capitol Office, 512-463-0672; District Office, 361-949-4603).
– State Representative Todd Hunter, District 32
Rep. Hunter represents Nueces (Part) County. He can be contacted at todd.hunter@house.state.tx.us or at 512-463-0672.
