88R23427 BEE-F
By: Howard H.B. No. 4176
Substitute the following for H.B. No. 4176:
By: Klick C.S.H.B. No. 4176
A BILL TO BE ENTITLED
AN ACT
relating to the summary suspension of a nursing license in
connection with a fraudulently or unlawfully obtained diploma,
license, or other document.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.454(a), Occupations Code, is amended
to read as follows:
(a) Except in the case of a temporary suspension authorized
under Section 301.455, [or] 301.4551, or 301.4552, or an action
taken in accordance with an agreement between the board and a
license holder, the board may not take any disciplinary action
relating to a license unless:
(1) the board has served notice to the license holder
of the facts or conduct alleged to warrant the intended action; and
(2) the license holder has been given an opportunity,
in writing or through an informal meeting, to show compliance with
all requirements of law for the retention of the license.
SECTION 2. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Section 301.4552 to read as follows:
Sec. 301.4552. SUMMARY SUSPENSION FOR CERTAIN VIOLATIONS
INVOLVING FRAUDULENT CONDUCT. (a) Notwithstanding any other law,
on a showing of probable cause that the holder of a license issued
under this chapter has violated Section 301.451(1), (2), or (3),
the board may issue an order suspending the license without notice.
A showing of probable cause that an individual has violated Section
301.451(1), (2), or (3) constitutes a continuing and imminent
threat to the public welfare.
(b) On the issuance of a summary suspension order under this
section, the board shall serve notice of the suspension, including
the basis for the suspension, personally or by certified mail, on
the individual whose license is suspended at the individual's last
known address on file with the board. Service is complete when the
board personally serves the individual or sends the notice.
(c) An individual whose license is suspended under this
section may request a hearing to be held by the State Office of
Administrative Hearings. A hearing requested under this section
must be held not later than the 90th day after the date the order of
suspension was issued. If a hearing is not requested under this
subsection on or before the 20th business day after the date the
suspension order was issued, the right to a hearing is waived and
the license shall remain suspended.
(d) In a hearing under this section, the State Office of
Administrative Hearings shall consider whether evidence exists to
support a finding that the individual violated Section 301.451(1),
(2), or (3). The individual shall have the opportunity to rebut the
evidence that provided the basis for the summary suspension. The
individual has the burden of proving by a preponderance of the
evidence that the license was lawfully obtained if the individual
submitted, as part of the individual's application, a transcript,
diploma, or other document required for licensure that was issued
or purportedly issued by an entity that has been implicated in a
scheme of fraud relating to the issuance of transcripts, diplomas,
or similar documents.
(e) If the State Office of Administrative Hearings makes a
finding in a hearing under this section that an individual violated
Section 301.451(1), (2), or (3), the board shall issue an order
revoking the individual's license. If the State Office of
Administrative Hearings makes a finding in a hearing under this
section that an individual did not violate Section 301.451(1), (2),
or (3), the board shall immediately issue an order to reinstate the
individual's license.
(f) An individual whose license is revoked under Subsection
(e) may not apply for a license under this chapter until:
(1) the first anniversary of the date of issuance of
the order revoking the license under Subsection (e); and
(2) the applicant provides evidence of completion of a
nursing education program that meets the requirements of Section
301.157 and board rules adopted under that section.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.