| 1 | 1 | | 84R26139 SRS-D |
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| 2 | 2 | | By: Darby H.B. No. 3974 |
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| 3 | 3 | | Substitute the following for H.B. No. 3974: |
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| 4 | 4 | | By: Crownover C.S.H.B. No. 3974 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the records of certain disciplinary actions against |
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| 10 | 10 | | health care professionals. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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| 13 | 13 | | amended by adding Chapter 116 to read as follows: |
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| 14 | 14 | | CHAPTER 116. DISCIPLINARY RECORD PROVISIONS APPLICABLE TO MULTIPLE |
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| 15 | 15 | | HEALTH CARE PROFESSIONALS |
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| 16 | 16 | | Sec. 116.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Health care professional" means an individual |
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| 18 | 18 | | issued a license, certificate, registration, title, permit, or |
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| 19 | 19 | | other authorization to engage in a health care profession. |
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| 20 | 20 | | (2) "Licensing entity" means a department, |
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| 21 | 21 | | commission, board, office, authority, or other agency of the state |
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| 22 | 22 | | that regulates activities and persons under this title. |
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| 23 | 23 | | Sec. 116.002. APPLICABILITY. (a) This chapter applies |
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| 24 | 24 | | only to licensing entities and health care professionals under |
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| 25 | 25 | | Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, J, and K. |
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| 26 | 26 | | (b) This chapter does not limit a licensing entity's |
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| 27 | 27 | | authority with regard to records under other law. |
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| 28 | 28 | | Sec. 116.003. HEALTH CARE PROFESSIONAL'S RECORD. (a) A |
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| 29 | 29 | | licensing entity shall remove a disciplinary action from a health |
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| 30 | 30 | | care professional's record on the licensing entity's public website |
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| 31 | 31 | | if: |
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| 32 | 32 | | (1) the health care professional applies to the |
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| 33 | 33 | | licensing entity for removal; |
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| 34 | 34 | | (2) the disciplinary action is the only disciplinary |
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| 35 | 35 | | action the health care professional has been the subject of; |
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| 36 | 36 | | (3) the disciplinary action was an administrative, |
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| 37 | 37 | | clerical, or other minor violation not causing harm to a patient; |
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| 38 | 38 | | (4) the disciplinary action did not result in the |
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| 39 | 39 | | suspension or revocation of, or the probation of the suspension or |
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| 40 | 40 | | revocation of, the health care professional's license; |
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| 41 | 41 | | (5) the disciplinary action provides no indication |
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| 42 | 42 | | that continued practice by the health care professional may risk |
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| 43 | 43 | | harm to a patient; and |
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| 44 | 44 | | (6) the disciplinary action occurred at least five |
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| 45 | 45 | | years before the date the health care professional applied for |
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| 46 | 46 | | removal. |
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| 47 | 47 | | (b) The Health Professions Council shall: |
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| 48 | 48 | | (1) adopt policies and standards to promote |
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| 49 | 49 | | consistency in implementing this chapter; and |
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| 50 | 50 | | (2) provide those policies and standards to each |
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| 51 | 51 | | licensing entity. |
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| 52 | 52 | | (c) Information that is removed from a licensing entity's |
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| 53 | 53 | | public website under this section may not be disclosed to a member |
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| 54 | 54 | | of the public. The licensing entity may maintain the information in |
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| 55 | 55 | | the entity's records and may use the information only for a purpose |
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| 56 | 56 | | permitted under other law that does not conflict with this chapter. |
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| 57 | 57 | | (d) Each licensing entity by rule shall provide the |
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| 58 | 58 | | procedure for a health care professional to apply for the removal of |
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| 59 | 59 | | information under this section and may adopt other rules to |
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| 60 | 60 | | implement this chapter. |
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| 61 | 61 | | SECTION 2. As soon as practicable after the effective date |
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| 62 | 62 | | of this Act, the Health Professions Council shall adopt and provide |
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| 63 | 63 | | to the appropriate licensing entities the policies and standards |
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| 64 | 64 | | necessary to implement Chapter 116, Occupations Code, as added by |
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| 65 | 65 | | this Act. |
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| 66 | 66 | | SECTION 3. As soon as practicable after the date the Health |
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| 67 | 67 | | Professions Council adopts policies and standards under Section |
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| 68 | 68 | | 116.003(b), Occupations Code, as added by this Act, a licensing |
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| 69 | 69 | | entity subject to Chapter 116, Occupations Code, as added by this |
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| 70 | 70 | | Act, shall adopt rules necessary to implement Section 116.003, |
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| 71 | 71 | | Occupations Code, as added by this Act. |
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| 72 | 72 | | SECTION 4. This Act takes effect September 1, 2015. |
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