Texas 2023 - 88th Regular

Texas House Bill HB1998 Compare Versions

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1	1	H.B. No. 1998
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of physicians, the disciplinary
6	6	authority of the Texas Medical Board, and the administration of the
7	7	Texas Physician Health Program; increasing a criminal penalty;
8	8	imposing a surcharge.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 153.051(d), Occupations Code, is amended
11	11	to read as follows:
12	12	(d) The board may not set, charge, collect, receive, or
13	13	deposit any of the following fees in excess of:
14	14	(1) $900 for a license;
15	15	(2) $400 for a first registration permit;
16	16	(3) $200 for a temporary license;
17	17	(4) $400 for renewal of a registration permit;
18	18	(5) $200 for a physician-in-training permit;
19	19	(6) $600 for the processing of an application and the
20	20	issuance of a registration for anesthesia in an outpatient setting;
21	21	(7) $200 for an endorsement to other state medical
22	22	boards;
23	23	(8) $200 for a duplicate license;
24	24	(9) $700 for a reinstated license after cancellation
25	25	for cause; or
26	26	(10) $15 [$1,200] for a surcharge [an annual fee]
27	27	under Section 153.053 to administer [167.011(c) for a program
28	28	participant in] the Texas Physician Health Program, due at the time
29	29	of license issuance and registration permit renewal.
30	30	SECTION 2. Subchapter B, Chapter 153, Occupations Code, is
31	31	amended by adding Section 153.053 to read as follows:
32	32	Sec. 153.053. SURCHARGE TO ADMINISTER TEXAS PHYSICIAN
33	33	HEALTH PROGRAM. (a) The board shall collect an additional
34	34	surcharge not to exceed $15 for each of the following fees:
35	35	(1) first registration permit; and
36	36	(2) renewal of a registration permit.
37	37	(b) The board shall deposit each surcharge collected under
38	38	this section to the credit of the Texas physician health program
39	39	account. The Texas physician health program account is a special
40	40	account in the general revenue fund. Money in the special account
41	41	shall be appropriated only to the board to pay for administration of
42	42	the Texas Physician Health Program under Chapter 167, including
43	43	paying for an initial evaluation by the program's medical director
44	44	or the director's designee. Money in the special account may not be
45	45	used to pay for program participant costs incurred for monitoring
46	46	or for a program participant's own medical costs, including any
47	47	further required evaluations, primary treatment, or continuing
48	48	care.
49	49	SECTION 3. Subchapter B, Chapter 153, Occupations Code, is
50	50	amended by adding Section 153.055 to read as follows:
51	51	Sec. 153.055. SURCHARGE FOR CERTAIN SEARCHES RELATED TO
52	52	LICENSE STATUS. (a) The board shall set and collect an additional
53	53	surcharge to cover the cost of administering a continuous query on
54	54	the National Practitioner Data Bank as required by Section
55	55	154.006(m). The surcharge shall be collected from each license
56	56	holder for:
57	57	(1) issuance of a first registration permit; and
58	58	(2) renewal of a registration permit.
59	59	(b) The board shall deposit each surcharge collected under
60	60	this section to the credit of the public assurance account
61	61	described by Section 153.0535(b).
62	62	SECTION 4. Section 154.006, Occupations Code, is amended by
63	63	adding Subsections (m) and (n) to read as follows:
64	64	(m) The board shall run a continuous query on the National
65	65	Practitioner Data Bank and, not later than the 10th working day
66	66	after the date any new information is found, update a physician's
67	67	profile to:
68	68	(1) include any new report or correction to a report of
69	69	disciplinary action against the physician; and
70	70	(2) remove any report of disciplinary action against
71	71	the physician that has been dismissed or otherwise voided.
72	72	(n) Information included in a physician's profile under
73	73	Subsection (m) may not include any patient identifying information
74	74	or information that may reasonably be used to identify any person or
75	75	entity other than the physician.
76	76	SECTION 5. Section 154.056(e), Occupations Code, is amended
77	77	to read as follows:
78	78	(e) The board by rule shall provide for an expert physician
79	79	panel appointed by the board to assist with complaints and
80	80	investigations relating to medical competency by acting as expert
81	81	physician reviewers. Each member of the expert physician panel must
82	82	be licensed to practice medicine in a member [this] state, as
83	83	defined by Section 171.002. The rules adopted under this subsection
84	84	must include provisions governing the composition of the panel,
85	85	qualifications for membership on the panel, length of time a member
86	86	may serve on the panel, grounds for removal from the panel, the
87	87	avoidance of conflicts of interest, including situations in which
88	88	the affected physician and the panel member live or work in the same
89	89	geographical area or are competitors, and the duties to be
90	90	performed by the panel. The board's rules governing grounds for
91	91	removal from the panel must include providing for the removal of a
92	92	panel member who is repeatedly delinquent in reviewing complaints
93	93	and in submitting reports to the board. The board's rules governing
94	94	appointment of expert physician panel members to act as expert
95	95	physician reviewers must include a requirement that the board
96	96	randomly select, to the extent permitted by Section 154.058(b) and
97	97	the conflict of interest provisions adopted under this subsection,
98	98	panel members to review a complaint who are:
99	99	(1) licensed to practice medicine in this state; or
100	100	(2) licensed to practice medicine in a member state,
101	101	as defined by Section 171.002, if there are no panel members
102	102	licensed to practice medicine in this state available to review the
103	103	complaint in a timely manner.
104	104	SECTION 6. Section 155.003(e), Occupations Code, is amended
105	105	to read as follows:
106	106	(e) An applicant is not eligible for a license if:
107	107	(1) the applicant holds a medical license that is
108	108	currently restricted for cause, canceled for cause, or suspended
109	109	for cause[, or revoked] by a state, a province of Canada, or a
110	110	uniformed service of the United States;
111	111	(2) an investigation or a proceeding is instituted
112	112	against the applicant for the restriction, cancellation,
113	113	suspension, or revocation in a state, a province of Canada, or a
114	114	uniformed service of the United States; [or]
115	115	(3) a prosecution is pending against the applicant in
116	116	any state, federal, or Canadian court for any offense that under the
117	117	laws of this state is a felony or a misdemeanor that involves moral
118	118	turpitude; or
119	119	(4) the applicant held a license to practice medicine
120	120	that has been revoked by the licensing authority in another state or
121	121	a province of Canada for a reason that would be grounds for the
122	122	board to revoke a license to practice medicine in this state.
123	123	SECTION 7. Section 155.008(a), Occupations Code, is amended
124	124	to read as follows:
125	125	(a) The board shall [may] submit to the Department of Public
126	126	Safety a complete set of fingerprints of each license applicant,
127	127	and the department shall classify and check the fingerprints
128	128	against those in the department's fingerprint records. The
129	129	department shall certify to the board its findings regarding the
130	130	criminal record of the applicant or the applicant's lack of a
131	131	criminal record.
132	132	SECTION 8. Subchapter A, Chapter 156, Occupations Code, is
133	133	amended by adding Section 156.0015 to read as follows:
134	134	Sec. 156.0015. CRIMINAL RECORD CHECK. (a) In addition to
135	135	the information required by Section 156.001, a license holder
136	136	shall submit to the board with the registration permit renewal
137	137	application a complete set of fingerprints. The board shall submit
138	138	to the Department of Public Safety each set of fingerprints
139	139	received under this section for the purpose of completing the
140	140	criminal record check described by Section 155.008.
141	141	(b) The board may suspend or refuse to renew the
142	142	registration of a license holder who fails to submit a complete set
143	143	of fingerprints under this section.
144	144	(c) This section does not apply to a license holder who
145	145	previously submitted a complete set of fingerprints:
146	146	(1) as part of an application for a license; or
147	147	(2) as part of a previous application to renew a
148	148	registration permit under this section.
149	149	SECTION 9. Section 160.002(a), Occupations Code, is amended
150	150	to read as follows:
151	151	(a) A medical peer review committee or health care entity
152	152	shall report in writing to the board the results and circumstances
153	153	of a medical peer review that:
154	154	(1) adversely affects the clinical privileges of a
155	155	physician for a period longer than 14 [30] days;
156	156	(2) accepts a physician's surrender of clinical
157	157	privileges either:
158	158	(A) while the physician is under an investigation
159	159	by the medical peer review committee relating to possible
160	160	incompetence or improper professional conduct; or
161	161	(B) in return for not conducting an investigation
162	162	or proceeding relating to possible incompetence or improper
163	163	professional conduct; or
164	164	(3) adversely affects the membership of a physician in
165	165	a professional society or association, if the medical peer review
166	166	is conducted by that society or association.
167	167	SECTION 10. Section 164.051, Occupations Code, is amended
168	168	by amending Subsections (a) and (d) and adding Subsection (e) to
169	169	read as follows:
170	170	(a) The board may refuse to admit a person to its
171	171	examination or refuse to issue a license to practice medicine and
172	172	may take disciplinary action against a person if the person:
173	173	(1) commits an act prohibited under Section 164.052;
174	174	(2) is convicted of, or is placed on deferred
175	175	adjudication community supervision or deferred disposition for:
176	176	(A) a felony; or
177	177	(B) a misdemeanor involving moral turpitude;
178	178	(3) commits or attempts to commit a direct or indirect
179	179	violation of a rule adopted under this subtitle, either as a
180	180	principal, accessory, or accomplice;
181	181	(4) is unable to practice medicine with reasonable
182	182	skill and safety to patients because of:
183	183	(A) illness;
184	184	(B) drunkenness;
185	185	(C) excessive use of drugs, narcotics,
186	186	chemicals, or another substance; or
187	187	(D) a mental or physical condition;
188	188	(5) is found by a court judgment to be of unsound mind;
189	189	(6) fails to practice medicine in an acceptable
190	190	professional manner consistent with public health and welfare;
191	191	(7) is removed, suspended, or is subject to
192	192	disciplinary action taken by the person's peers in a local,
193	193	regional, state, or national professional medical association or
194	194	society, or is disciplined by a licensed hospital or medical staff
195	195	of a hospital, including removal, suspension, limitation of
196	196	hospital privileges, or other disciplinary action, if the board
197	197	finds that the action:
198	198	(A) was based on unprofessional conduct or
199	199	professional incompetence that was likely to harm the public; and
200	200	(B) was appropriate and reasonably supported by
201	201	evidence submitted to the board;
202	202	(8) is subject to repeated or recurring meritorious
203	203	health care liability claims that in the board's opinion evidence
204	204	professional incompetence likely to injure the public; or
205	205	(9) except as provided by Subsections [Subsection] (d)
206	206	and (e), holds a license to practice medicine subject to
207	207	disciplinary action by another state, or subject to disciplinary
208	208	action by the uniformed services of the United States, based on acts
209	209	by the person that are prohibited under Section 164.052 or are
210	210	similar to acts described by this subsection.
211	211	(d) The board shall refuse to issue a license under this
212	212	subtitle if the applicant held a license to practice medicine in
213	213	another state that has been revoked by the licensing authority in
214	214	that state for a reason that would be grounds for the board to
215	215	revoke a license to practice medicine in this state.
216	216	(e) The board shall revoke a license issued under this
217	217	subtitle if the license holder, while holding the license under
218	218	this subtitle, held a license to practice medicine in another state
219	219	that has been revoked by the licensing authority in that state for a
220	220	reason that would be grounds for the board to revoke a license to
221	221	practice medicine in this state.
222	222	SECTION 11. Section 164.0595(a), Occupations Code, is
223	223	amended to read as follows:
224	224	(a) A disciplinary panel appointed under Section 164.059
225	225	may suspend or restrict the license of a person arrested for an
226	226	offense under:
227	227	(1) Chapter 19 [Section 22.011(a)(2)], Penal Code
228	228	(criminal homicide) [(sexual assault of a child)];
229	229	(2) Chapter 20A [Section 22.021(a)(1)(B)], Penal Code
230	230	(trafficking of persons) [(aggravated sexual assault of a child)];
231	231	or
232	232	(3) Chapter 21 or 22 [Section 21.02], Penal Code
233	233	(sexual or assaultive offenses), if the offense is:
234	234	(A) sexual, lewd, or indecent in nature;
235	235	(B) not a misdemeanor punishable by fine only;
236	236	and
237	237	(C) committed against:
238	238	(i) a patient of the license holder;
239	239	(ii) a child;
240	240	(iii) an elderly individual [(continuous
241	241	sexual abuse of young child or disabled individual)]; or
242	242	(iv) an individual with a disability [(4)
243	243	Section 21.11, Penal Code (indecency with a child)].
244	244	SECTION 12. Section 165.154, Occupations Code, is amended
245	245	to read as follows:
246	246	Sec. 165.154. FALSE STATEMENT [TAMPERING WITH GOVERNMENTAL
247	247	RECORD]; OFFENSE [PERJURY OFFENSES]. (a) A person commits an
248	248	offense if the person knowingly makes a false statement:
249	249	(1) in the person's application for a license; or
250	250	(2) under oath to obtain a license or to secure the
251	251	registration of a license to practice medicine.
252	252	(b) An offense under this section is a Class A misdemeanor
253	253	unless the actor's intent is to defraud or harm another, in which
254	254	event the offense is a state jail felony [:
255	255	[(1) constitutes tampering with a governmental record
256	256	or perjury as provided by the Penal Code; and
257	257	[(2) shall be punished on conviction as provided by
258	258	that code].
259	259	SECTION 13. Section 167.011, Occupations Code, is repealed.
260	260	SECTION 14. Section 153.051, Occupations Code, as amended
261	261	by this Act, and Section 153.053, Occupations Code, as added by this
262	262	Act, apply to the initial issuance of a license or the renewal of a
263	263	registration permit under Subtitle B, Title 3, Occupations Code, on
264	264	or after September 1, 2023. A license initially issued or
265	265	registration permit renewed before September 1, 2023, is governed
266	266	by the law in effect immediately before the effective date of this
267	267	Act, and the former law is continued in effect for that purpose.
268	268	SECTION 15. Section 156.0015, Occupations Code, as added by
269	269	this Act, applies only to an application to renew a registration
270	270	submitted on or after the effective date of this Act. An
271	271	application submitted before the effective date of this Act is
272	272	governed by the law in effect on the date the application was
273	273	submitted, and the former law is continued in effect for that
274	274	purpose.
275	275	SECTION 16. Section 165.154, Occupations Code, as amended
276	276	by this Act, applies only to an offense committed on or after the
277	277	effective date of this Act. An offense committed before the
278	278	effective date of this Act is governed by the law in effect on the
279	279	date the offense was committed, and the former law is continued in
280	280	effect for that purpose. For purposes of this section, an offense
281	281	was committed before the effective date of this Act if any element
282	282	of the offense occurred before that date.
283	283	SECTION 17. This Act takes effect September 1, 2023.
284	284	______________________________ ______________________________
285	285	President of the Senate Speaker of the House
286	286	I certify that H.B. No. 1998 was passed by the House on May
287	287	12, 2023, by the following vote: Yeas 124, Nays 13, 2 present, not
288	288	voting; and that the House concurred in Senate amendments to H.B.
289	289	No. 1998 on May 26, 2023, by the following vote: Yeas 120, Nays 16,
290	290	1 present, not voting.
291	291	______________________________
292	292	Chief Clerk of the House
293	293	I certify that H.B. No. 1998 was passed by the Senate, with
294	294	amendments, on May 24, 2023, by the following vote: Yeas 30, Nays
295	295	1.
296	296	______________________________
297	297	Secretary of the Senate
298	298	APPROVED: __________________
299	299	Date
300	300	__________________
301	301	Governor