84R26139 SRS-D
By: Darby H.B. No. 3974
Substitute the following for H.B. No. 3974:
By: Crownover C.S.H.B. No. 3974
A BILL TO BE ENTITLED
AN ACT
relating to the records 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. (a) 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.
(b) This chapter does not limit a licensing entity's
authority with regard to records under other law.
Sec. 116.003. HEALTH CARE PROFESSIONAL'S RECORD. (a) A
licensing entity shall remove a disciplinary action from a health
care professional's record on the licensing entity's public website
if:
(1) the health care professional applies to the
licensing entity for removal;
(2) the disciplinary action is the only disciplinary
action the health care professional has been the subject of;
(3) the disciplinary action was an administrative,
clerical, or other minor violation not causing harm to a patient;
(4) the disciplinary action did not result in the
suspension or revocation of, or the probation of the suspension or
revocation of, the health care professional's license;
(5) the disciplinary action provides no indication
that continued practice by the health care professional may risk
harm to a patient; and
(6) the disciplinary action occurred at least five
years before the date the health care professional applied for
removal.
(b) The Health Professions Council shall:
(1) adopt policies and standards to promote
consistency in implementing this chapter; and
(2) provide those policies and standards to each
licensing entity.
(c) Information that is removed from a licensing entity's
public website under this section may not be disclosed to a member
of the public. The licensing entity may maintain the information in
the entity's records and may use the information only for a purpose
permitted under other law that does not conflict with this chapter.
(d) Each licensing entity by rule shall provide the
procedure for a health care professional to apply for the removal of
information under this section and may adopt other rules to
implement this chapter.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health Professions Council shall adopt and provide
to the appropriate licensing entities the policies and standards
necessary to implement Chapter 116, Occupations Code, as added by
this Act.
SECTION 3. As soon as practicable after the date the Health
Professions Council adopts policies and standards under Section
116.003(b), Occupations Code, as added by 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 4. This Act takes effect September 1, 2015.