84R11865 SRS-D
By: Darby H.B. No. 3974
A BILL TO BE ENTITLED
AN ACT
relating to the expunction of the record of certain disciplinary
actions against health care professionals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 116 to read as follows:
CHAPTER 116. DISCIPLINARY RECORD PROVISIONS APPLICABLE TO MULTIPLE
HEALTH CARE PROFESSIONALS
Sec. 116.001. DEFINITIONS. In this chapter:
(1) "Health care professional" means an individual
issued a license, certificate, registration, title, permit, or
other authorization to engage in a health care profession.
(2) "Licensing entity" means a department,
commission, board, office, authority, or other agency of the state
that regulates activities and persons under this title.
Sec. 116.002. APPLICABILITY. This chapter applies only to
licensing entities and health care professionals under Chapters
401, 453, and 454 and Subtitles B, C, D, E, F, J, and K.
Sec. 116.003. HEALTH CARE PROFESSIONAL'S RECORD. (a) A
licensing entity shall expunge a disciplinary action from a medical
professional's record with the licensing entity if:
(1) the medical professional applies to the licensing
entity for expunction;
(2) the disciplinary action is the only disciplinary
action the medical professional has been the subject of;
(3) the disciplinary action was an administrative
violation not causing harm to a patient; and
(4) the disciplinary action occurred at least five
years before the date the medical professional applied for
expunction.
(b) Each licensing entity by rule shall provide the
procedure for a medical professional to apply for an expunction
under this section.
SECTION 2. As soon as practicable after the effective date
of this Act, a licensing entity subject to Chapter 116, Occupations
Code, as added by this Act, shall adopt rules necessary to implement
Section 116.003, Occupations Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2015.