| 1 | 1 | | 87R9317 DRS-D |
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| 2 | 2 | | By: Powell S.B. No. 1857 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the issuance of temporary licenses for certain |
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| 8 | 8 | | out-of-state health care practitioners for a charitable purpose. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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| 11 | 11 | | amended by adding Chapter 117 to read as follows: |
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| 12 | 12 | | CHAPTER 117. TEMPORARY LICENSE FOR CERTAIN |
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| 13 | 13 | | OUT-OF-STATE HEALTH CARE PRACTITIONERS FOR CHARITABLE PURPOSE |
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| 14 | 14 | | Sec. 117.001. DEFINITIONS. In this chapter: |
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| 15 | 15 | | (1) "Health care practitioner" has the meaning |
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| 16 | 16 | | assigned by Section 112.001. |
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| 17 | 17 | | (2) "Licensing entity" has the meaning assigned by |
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| 18 | 18 | | Section 112.001. |
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| 19 | 19 | | (3) "Volunteer charity health care services" means |
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| 20 | 20 | | health care services provided by a health care practitioner without |
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| 21 | 21 | | compensation. |
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| 22 | 22 | | Sec. 117.002. APPLICABILITY. This chapter applies only to |
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| 23 | 23 | | a licensing entity or health care practitioner regulated under: |
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| 24 | 24 | | (1) Chapter 204; |
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| 25 | 25 | | (2) Subchapter B, Chapter 256; |
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| 26 | 26 | | (3) Subtitle E; or |
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| 27 | 27 | | (4) Chapter 351. |
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| 28 | 28 | | Sec. 117.003. REQUIREMENTS FOR TEMPORARY LICENSE FOR |
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| 29 | 29 | | CHARITABLE PURPOSE. (a) Each licensing entity under this chapter |
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| 30 | 30 | | shall adopt rules providing for the issuance of temporary licenses |
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| 31 | 31 | | that authorize the license holders to provide voluntary charity |
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| 32 | 32 | | health care services. The term of the license may not exceed seven |
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| 33 | 33 | | days. |
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| 34 | 34 | | (b) If an applicant for a temporary license under this |
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| 35 | 35 | | chapter has an unacceptable licensing or criminal history, the |
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| 36 | 36 | | licensing entity may not issue a temporary license to the applicant |
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| 37 | 37 | | and the applicant may not provide voluntary charity health care |
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| 38 | 38 | | services. |
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| 39 | 39 | | (c) Each licensing entity by rule shall provide for adequate |
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| 40 | 40 | | supervision of each health care practitioner issued a temporary |
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| 41 | 41 | | license under this chapter by a health care practitioner licensed |
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| 42 | 42 | | under the laws of this state in the applicable profession. |
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| 43 | 43 | | (d) A health care practitioner issued a temporary license |
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| 44 | 44 | | under this chapter shall: |
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| 45 | 45 | | (1) limit the health care practitioner's practice to |
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| 46 | 46 | | only voluntary charity health care services within the scope of |
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| 47 | 47 | | practice of the applicable license; |
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| 48 | 48 | | (2) practice only in a geographic area specified by |
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| 49 | 49 | | the license; and |
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| 50 | 50 | | (3) practice only for the period specified by the |
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| 51 | 51 | | license. |
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| 52 | 52 | | SECTION 2. The Texas Medical Board, the State Board of |
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| 53 | 53 | | Dental Examiners, the Texas Board of Nursing, and the Texas |
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| 54 | 54 | | Optometry Board shall actively seek and apply for any available |
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| 55 | 55 | | federal financial assistance to support development and |
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| 56 | 56 | | implementation of temporary short-term licensing programs under |
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| 57 | 57 | | this chapter, including grants made available to states under the |
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| 58 | 58 | | Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. |
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| 59 | 59 | | Section 9001 et seq.) and the Consolidated Appropriations Act, 2021 |
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| 60 | 60 | | (Pub. L. No. 116-260), and any other federal legislation to support |
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| 61 | 61 | | the provision of health care services in underserved areas during a |
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| 62 | 62 | | state of disaster declared under Chapter 418, Government Code, |
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| 63 | 63 | | related to the 2019 novel coronavirus disease. |
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| 64 | 64 | | SECTION 3. This Act takes effect September 1, 2021. |
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