By: Bucy H.B. No. 3770
A BILL TO BE ENTITLED
AN ACT
relating to the verification of health care practitioner continuing
education compliance and the establishment of continuing education
tracking systems by health care practitioner licensing entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 112.002, Occupations Code, is
transferred to Subchapter B, Chapter 112, Occupations Code,
redesignated as Section 112.0501, Occupations Code, and amended to
read as follows:
Sec. 112.0501 [112.002]. APPLICABILITY. This subchapter
[chapter] applies only to licensing entities and health care
practitioners under Chapters 401, 453, and 454 and Subtitles B, C,
D, E, F, and K.
SECTION 2. Chapter 112, Occupations Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS
Sec. 112.101. DEFINITIONS. In this chapter:
(1) "Continuing education course" means a course,
clinic, forum, lecture, program, or seminar that an individual must
complete in order to maintain or renew a license.
(2) "Continuing education provider" means a person or
entity authorized by a licensing entity to offer continuing
education courses.
(3) "Continuing education tracking system" means a
electronic system established by a licensing entity as required by
Section 112.104.
(4) "License" means a license, certificate,
registration, permit, or other form of authorization that:
(A) is issued by a licensing entity; and
(B) an individual must obtain to engage in a
particular business, occupation, or profession.
Sec. 112.102. APPLICABILITY. This subchapter applies only
to:
(1) a licensing entity that issues a license to a
health care practitioner.
Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR
LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing
entity shall not renew a health care practitioner's license unless
the licensing entity verifies that the health care practitioner has
complied with all continuing education requirements of the
licensing entity.
(b) Verification of an applicant's compliance with
continuing education requirements that is generated by the
continuing education tracking system:
(1) satisfies the requirement of Subsection (a); and
(2) shall be used for all audits of health care
practitioners conducted by the licensing entity.
(c) This section does not prohibit a licensing entity from
imposing penalties under applicable statutes or rules for a health
care practitioner's failure to comply with continuing education
requirements.
Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM;
REQUIRED FUNCTIONS. (a) Each licensing entity by rule shall
establish a continuing education tracking system for universal use
and accessibility by health care practitioners, licensing entity
staff, and continuing education providers; Sec. 112.105. DATA AND
SYSTEMS REQUIREMENTS (a) A continuing education tracking system
may collect and use only:
(1) information that directly relates to a health care
practitioner's compliance with continuing education requirements,
including:
(A) the name in which the health care
practitioner's license is issued;
(B) the health care practitioner's license
number;
(C) the license issue date;
(D) the license expiration date; and
(E) any other information disclosed to the public
in response to a license verification request; and
(2) other information designated by licensing entity
rule as necessary for the system's performance of a function
required by this subchapter.
(b) A continuing education tracking system established
under Section 112.104 must:
(1) represent no ongoing cost to the licensing agency;
(2) if the continuing education tracking system is a
cloud-based system, be certified under the state risk and
authorization management program established under Section
2054.0593, Government Code;
(3) comply with the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12101 et Sec. 112.107. RULEMAKING. A
licensing entity shall adopt rules necessary to implement this
subchapter.
SECTION 3. Not later than September 1, 2024, each licensing
entity shall implement a continuing education tracking system as
required by Section 112.104, Occupations Code, as added by this
Act.
SECTION 4. This Act takes effect September 1, 2023.