2023S0263-1 03/07/23
By: Blanco S.B. No. 2256
A BILL TO BE ENTITLED
AN ACT
relating to the verification of health care practitioner continuing
education compliance through the establishment of continuing
education tracking systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 subchapter:
(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 an licensing entity to offer continuing
education courses.
(3) "Continuing education tracking system" means an
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 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 may 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. 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) use technology that, after initial purchase, will
not result in any ongoing cost to the licensing entity;
(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; and
(3) comply with the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12101 et seq.) to enable the public to
search the tracking system.
Sec. 112.106. RULEMAKING. A licensing entity shall adopt
rules necessary to implement this subchapter.
SECTION 2. Each licensing entity required under this Act to
implement a continuing education tracking system shall implement
the tracking system not later than December 31, 2024.
SECTION 3. This Act takes effect September 1, 2023.