81R6366 YDB-F
By: Hegar S.B. No. 1415
A BILL TO BE ENTITLED
AN ACT
relating to the creation of a pilot program on deferred
disciplinary action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Section 301.1607 to read as follows:
Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL
DISCIPLINARY ACTION. (a) In this section, "deferred disciplinary
action" means a final disciplinary action against a person licensed
or regulated under this chapter that is deferred by the board as
provided by this section.
(b) Not later than February 1, 2010, the board shall
determine the feasibility of conducting a pilot program designed to
evaluate the efficacy and effect on the public's protection of
board deferral of disciplinary action against a person licensed or
regulated under this chapter in cases in which the board proposes to
impose a sanction other than a reprimand or a denial, suspension, or
revocation of a license. If the board determines the pilot program
is feasible, the board shall develop and implement the pilot
program not later than February 1, 2011. The pilot program must
conclude not later than January 1, 2014.
(c) The pilot program may not include cases in which the
board proposes to issue a reprimand or to deny, suspend, or revoke a
license.
(d) During the time the pilot program is implemented and for
any action or complaint for which the board proposes to impose a
sanction other than a reprimand or a denial, suspension, or
revocation of a license, the board may:
(1) defer final disciplinary action the board has
proposed against a person licensed or regulated under this chapter
if the person conforms to conditions imposed by the board,
including any condition the board could impose as a condition of
probation under Section 301.468; and
(2) if the person successfully meets the imposed
conditions, dismiss the complaint.
(e) Except as otherwise provided by this subsection, a
deferred disciplinary action by the board under the pilot program
is not confidential and is subject to disclosure in accordance with
Chapter 552, Government Code. If the person successfully meets the
conditions imposed by the board in deferring final disciplinary
action and the board dismisses the action or complaint, the
deferred disciplinary action of the board is confidential to the
same extent as a complaint filed under Section 301.466.
(f) The board may contract with a third party to evaluate
the pilot program established under this section.
(g) The board shall appoint an advisory committee to assist
the board in overseeing the pilot program and its evaluation. The
committee must include representatives of public advocacy
organizations.
(h) This section expires September 1, 2014.
SECTION 2. This Act takes effect September 1, 2009.