Texas 2023 - 88th Regular

Texas Senate Bill SB2256 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Blanco S.B. No. 2256
2	2	(Bucy, Cook, Capriglione, Bell of Montgomery)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the verification of health care practitioner continuing
8	8	education compliance through the establishment of continuing
9	9	education tracking systems.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 112.002, Occupations Code, is
12	12	transferred to Subchapter B, Chapter 112, Occupations Code,
13	13	redesignated as Section 112.0501, Occupations Code, and amended to
14	14	read as follows:
15	15	Sec. 112.0501 [112.002]. APPLICABILITY. This subchapter
16	16	[chapter] applies only to licensing entities and health care
17	17	practitioners under Chapters 401, 453, and 454 and Subtitles B, C,
18	18	D, E, F, and K.
19	19	SECTION 2. Chapter 112, Occupations Code, is amended by
20	20	adding Subchapter C to read as follows:
21	21	SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS
22	22	Sec. 112.101. DEFINITIONS. In this subchapter:
23	23	(1) "Continuing education course" means a course,
24	24	clinic, forum, lecture, program, or seminar that an individual must
25	25	complete in order to maintain or renew a license.
26	26	(2) "Continuing education provider" means a person
27	27	authorized or approved by a licensing entity to offer continuing
28	28	education courses.
29	29	(3) "Continuing education tracking system" means an
30	30	electronic system established by a licensing entity as required by
31	31	Section 112.104.
32	32	(4) "License" means a license, certificate,
33	33	registration, permit, or other form of authorization that:
34	34	(A) is issued by a licensing entity; and
35	35	(B) an individual must obtain to engage in a
36	36	particular business, occupation, or profession.
37	37	Sec. 112.102. APPLICABILITY. (a) Except as provided by
38	38	Subsection (b), this subchapter applies only to a licensing entity
39	39	that issues a license to a health care practitioner under this
40	40	title.
41	41	(b) This subchapter does not apply to Subtitle L.
42	42	Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR
43	43	LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing
44	44	entity may not renew a health care practitioner's license unless
45	45	the licensing entity verifies that the health care practitioner has
46	46	complied with any continuing education requirements of the
47	47	licensing entity.
48	48	(b) Verification of a health care practitioner's compliance
49	49	with continuing education requirements that is generated by the
50	50	continuing education tracking system:
51	51	(1) satisfies the requirement of Subsection (a); and
52	52	(2) must be used in the conduct of any audit of health
53	53	care practitioners conducted by the licensing entity.
54	54	(c) This section does not prohibit a licensing entity from
55	55	imposing penalties under applicable statutes or rules for a health
56	56	care practitioner's failure to comply with continuing education
57	57	requirements.
58	58	Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM. (a)
59	59	Each licensing entity by rule shall establish a continuing
60	60	education tracking system for use by and accessible to health care
61	61	practitioners, licensing entity staff, and continuing education
62	62	providers.
63	63	(b) A continuing education tracking system established
64	64	under this subchapter may not require any expenditure by the
65	65	licensing entity.
66	66	Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS. (a) A
67	67	continuing education tracking system may collect and use only:
68	68	(1) information that directly relates to a health care
69	69	practitioner's compliance with continuing education requirements,
70	70	including:
71	71	(A) the name in which the health care
72	72	practitioner's license is issued;
73	73	(B) the health care practitioner's license
74	74	number;
75	75	(C) the license issue date;
76	76	(D) the license expiration date; and
77	77	(E) any other information disclosed to the public
78	78	in response to a license verification request; and
79	79	(2) other information designated by licensing entity
80	80	rule as necessary for the system's performance of a function
81	81	required by this subchapter.
82	82	(b) A continuing education tracking system established
83	83	under Section 112.104 must:
84	84	(1) if the continuing education tracking system is a
85	85	cloud-based system, be certified under the state risk and
86	86	authorization management program established under Section
87	87	2054.0593, Government Code; and
88	88	(2) comply with the Americans with Disabilities Act of
89	89	1990 (42 U.S.C. Section 12101 et seq.).
90	90	Sec. 112.106. RULEMAKING. A licensing entity shall adopt
91	91	rules necessary to implement this subchapter.
92	92	SECTION 3. Not later than September 1, 2024, each licensing
93	93	entity shall establish a continuing education tracking system as
94	94	required by Section 112.104, Occupations Code, as added by this
95	95	Act.
96	96	SECTION 4. Notwithstanding Section 112.104(b), Occupations
97	97	Code, as added by this Act, a licensing entity subject to that
98	98	section that on the effective date of this Act has an agreement in
99	99	place with a continuing education tracking system provider that is
100	100	able to implement the requirements of Subchapter C, Chapter 112,
101	101	Occupations Code, as added by this Act, may maintain that agreement
102	102	and any costs associated with implementation of the agreement.
103	103	SECTION 5. This Act takes effect September 1, 2023.