| 1 | 1 | | 88R23427 BEE-F |
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| 2 | 2 | | By: Howard H.B. No. 4176 |
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| 3 | 3 | | Substitute the following for H.B. No. 4176: |
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| 4 | 4 | | By: Klick C.S.H.B. No. 4176 |
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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 summary suspension of a nursing license in |
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| 10 | 10 | | connection with a fraudulently or unlawfully obtained diploma, |
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| 11 | 11 | | license, or other document. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 301.454(a), Occupations Code, is amended |
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| 14 | 14 | | to read as follows: |
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| 15 | 15 | | (a) Except in the case of a temporary suspension authorized |
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| 16 | 16 | | under Section 301.455, [or] 301.4551, or 301.4552, or an action |
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| 17 | 17 | | taken in accordance with an agreement between the board and a |
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| 18 | 18 | | license holder, the board may not take any disciplinary action |
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| 19 | 19 | | relating to a license unless: |
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| 20 | 20 | | (1) the board has served notice to the license holder |
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| 21 | 21 | | of the facts or conduct alleged to warrant the intended action; and |
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| 22 | 22 | | (2) the license holder has been given an opportunity, |
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| 23 | 23 | | in writing or through an informal meeting, to show compliance with |
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| 24 | 24 | | all requirements of law for the retention of the license. |
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| 25 | 25 | | SECTION 2. Subchapter J, Chapter 301, Occupations Code, is |
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| 26 | 26 | | amended by adding Section 301.4552 to read as follows: |
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| 27 | 27 | | Sec. 301.4552. SUMMARY SUSPENSION FOR CERTAIN VIOLATIONS |
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| 28 | 28 | | INVOLVING FRAUDULENT CONDUCT. (a) Notwithstanding any other law, |
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| 29 | 29 | | on a showing of probable cause that the holder of a license issued |
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| 30 | 30 | | under this chapter has violated Section 301.451(1), (2), or (3), |
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| 31 | 31 | | the board may issue an order suspending the license without notice. |
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| 32 | 32 | | A showing of probable cause that an individual has violated Section |
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| 33 | 33 | | 301.451(1), (2), or (3) constitutes a continuing and imminent |
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| 34 | 34 | | threat to the public welfare. |
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| 35 | 35 | | (b) On the issuance of a summary suspension order under this |
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| 36 | 36 | | section, the board shall serve notice of the suspension, including |
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| 37 | 37 | | the basis for the suspension, personally or by certified mail, on |
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| 38 | 38 | | the individual whose license is suspended at the individual's last |
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| 39 | 39 | | known address on file with the board. Service is complete when the |
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| 40 | 40 | | board personally serves the individual or sends the notice. |
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| 41 | 41 | | (c) An individual whose license is suspended under this |
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| 42 | 42 | | section may request a hearing to be held by the State Office of |
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| 43 | 43 | | Administrative Hearings. A hearing requested under this section |
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| 44 | 44 | | must be held not later than the 90th day after the date the order of |
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| 45 | 45 | | suspension was issued. If a hearing is not requested under this |
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| 46 | 46 | | subsection on or before the 20th business day after the date the |
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| 47 | 47 | | suspension order was issued, the right to a hearing is waived and |
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| 48 | 48 | | the license shall remain suspended. |
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| 49 | 49 | | (d) In a hearing under this section, the State Office of |
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| 50 | 50 | | Administrative Hearings shall consider whether evidence exists to |
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| 51 | 51 | | support a finding that the individual violated Section 301.451(1), |
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| 52 | 52 | | (2), or (3). The individual shall have the opportunity to rebut the |
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| 53 | 53 | | evidence that provided the basis for the summary suspension. The |
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| 54 | 54 | | individual has the burden of proving by a preponderance of the |
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| 55 | 55 | | evidence that the license was lawfully obtained if the individual |
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| 56 | 56 | | submitted, as part of the individual's application, a transcript, |
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| 57 | 57 | | diploma, or other document required for licensure that was issued |
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| 58 | 58 | | or purportedly issued by an entity that has been implicated in a |
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| 59 | 59 | | scheme of fraud relating to the issuance of transcripts, diplomas, |
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| 60 | 60 | | or similar documents. |
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| 61 | 61 | | (e) If the State Office of Administrative Hearings makes a |
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| 62 | 62 | | finding in a hearing under this section that an individual violated |
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| 63 | 63 | | Section 301.451(1), (2), or (3), the board shall issue an order |
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| 64 | 64 | | revoking the individual's license. If the State Office of |
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| 65 | 65 | | Administrative Hearings makes a finding in a hearing under this |
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| 66 | 66 | | section that an individual did not violate Section 301.451(1), (2), |
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| 67 | 67 | | or (3), the board shall immediately issue an order to reinstate the |
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| 68 | 68 | | individual's license. |
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| 69 | 69 | | (f) An individual whose license is revoked under Subsection |
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| 70 | 70 | | (e) may not apply for a license under this chapter until: |
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| 71 | 71 | | (1) the first anniversary of the date of issuance of |
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| 72 | 72 | | the order revoking the license under Subsection (e); and |
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| 73 | 73 | | (2) the applicant provides evidence of completion of a |
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| 74 | 74 | | nursing education program that meets the requirements of Section |
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| 75 | 75 | | 301.157 and board rules adopted under that section. |
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| 76 | 76 | | SECTION 3. This Act takes effect immediately if it receives |
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| 77 | 77 | | a vote of two-thirds of all the members elected to each house, as |
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| 78 | 78 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 79 | 79 | | Act does not receive the vote necessary for immediate effect, this |
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| 80 | 80 | | Act takes effect September 1, 2023. |
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