By: Blanco S.B. No. 2256
(In the Senate - Filed March 10, 2023; March 22, 2023, read
first time and referred to Committee on Health & Human Services;
April 24, 2023, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 24, 2023,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2256 By: Perry
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. 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 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
authorized or approved by a 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. (a) Except as provided by
Subsection (b), this subchapter applies only to a licensing entity
that issues a license to a health care practitioner under this
title.
(b) This subchapter does not apply to Subtitle L.
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 any continuing education requirements of the
licensing entity.
(b) Verification of a health care practitioner's compliance
with continuing education requirements that is generated by the
continuing education tracking system:
(1) satisfies the requirement of Subsection (a); and
(2) must be used in the conduct of any audit 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. (a)
Each licensing entity by rule shall establish a continuing
education tracking system for use by and accessible to health care
practitioners, licensing entity staff, and continuing education
providers.
(b) A continuing education tracking system established
under this subchapter may not require any expenditure by the
licensing entity.
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) 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
(2) comply with the Americans with Disabilities Act of
1990 (42 U.S.C. Section 12101 et seq.).
Sec. 112.106. RULEMAKING. A licensing entity shall adopt
rules necessary to implement this subchapter.
SECTION 3. Not later than September 1, 2024, each licensing
entity shall establish a continuing education tracking system as
required by Section 112.104, Occupations Code, as added by this
Act.
SECTION 4. Notwithstanding Section 112.104(b), Occupations
Code, as added by this Act, a licensing entity subject to that
section that on the effective date of this Act has an agreement in
place with a continuing education tracking system provider that is
able to implement the requirements of Subchapter C, Chapter 112,
Occupations Code, as added by this Act, may maintain that agreement
and any costs associated with implementation of the agreement.
SECTION 5. This Act takes effect September 1, 2023.
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