Texas 2025 - 89th Regular

Texas House Bill HB1838 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4295 BEE-F
2	2	By: Guillen H.B. No. 1838
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the verification of health care practitioner continuing
10	10	education compliance through the establishment of continuing
11	11	education tracking systems.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 112.002, Occupations Code, is
14	14	transferred to Subchapter B, Chapter 112, Occupations Code,
15	15	redesignated as Section 112.0501, Occupations Code, and amended to
16	16	read as follows:
17	17	Sec. 112.0501 [112.002]. APPLICABILITY. This subchapter
18	18	[chapter] applies only to licensing entities and health care
19	19	practitioners under Chapters 401, 453, and 454 and Subtitles B, C,
20	20	D, E, F, and K.
21	21	SECTION 2. Chapter 112, Occupations Code, is amended by
22	22	adding Subchapter C to read as follows:
23	23	SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS
24	24	Sec. 112.101. DEFINITIONS. In this subchapter:
25	25	(1) "Continuing education course" means a course,
26	26	clinic, forum, lecture, program, or seminar that an individual must
27	27	complete in order to maintain or renew a license.
28	28	(2) "Continuing education provider" means a person
29	29	that a licensing entity authorizes or approves to offer continuing
30	30	education courses.
31	31	(3) "Continuing education tracking system" means an
32	32	electronic system a licensing entity establishes as required by
33	33	Section 112.104.
34	34	(4) "License" means a form of authorization a
35	35	licensing entity issues, including a license, certificate,
36	36	registration, or permit, that an individual must obtain to engage
37	37	in a particular business, occupation, or profession.
38	38	Sec. 112.102. APPLICABILITY. (a) Except as provided by
39	39	Subsection (b), this subchapter applies only to a licensing entity
40	40	that issues a license to a health care practitioner under this
41	41	title.
42	42	(b) This subchapter does not apply to Subtitle L.
43	43	Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR
44	44	LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing
45	45	entity may not renew a health care practitioner's license unless
46	46	the licensing entity verifies that the health care practitioner has
47	47	complied with any continuing education requirements of the
48	48	licensing entity.
49	49	(b) Verification of a health care practitioner's compliance
50	50	with continuing education requirements that the continuing
51	51	education tracking system generates:
52	52	(1) satisfies the requirement of Subsection (a); and
53	53	(2) must be used in the conduct of any audit of health
54	54	care practitioners the licensing entity conducts.
55	55	(c) This section does not prohibit a licensing entity from
56	56	imposing penalties under applicable statutes or rules for a health
57	57	care practitioner's failure to comply with continuing education
58	58	requirements.
59	59	Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM. (a)
60	60	Each licensing entity by rule shall establish a continuing
61	61	education tracking system for use by and accessible to health care
62	62	practitioners, licensing entity staff, and continuing education
63	63	providers.
64	64	(b) A continuing education tracking system established
65	65	under this subchapter may not require any licensing entity
66	66	expenditure.
67	67	Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS. (a) A
68	68	continuing education tracking system may collect and use only:
69	69	(1) information that directly relates to a health care
70	70	practitioner's compliance with continuing education requirements,
71	71	including:
72	72	(A) the name in which the health care
73	73	practitioner's license is issued;
74	74	(B) the health care practitioner's license
75	75	number;
76	76	(C) the license issue date;
77	77	(D) the license expiration date; and
78	78	(E) any other information disclosed to the public
79	79	in response to a license verification request; and
80	80	(2) other information the licensing entity designates
81	81	by rule as necessary for the system's performance of a function
82	82	required by this subchapter.
83	83	(b) A continuing education tracking system established
84	84	under Section 112.104 must:
85	85	(1) if the continuing education tracking system is a
86	86	cloud-based system, be certified under the state risk and
87	87	authorization management program established under Section
88	88	2054.0593, Government Code; and
89	89	(2) comply with the Americans with Disabilities Act of
90	90	1990 (42 U.S.C. Section 12101 et seq.).
91	91	Sec. 112.106. RULEMAKING. A licensing entity shall adopt
92	92	rules necessary to implement this subchapter.
93	93	SECTION 3. Not later than September 1, 2026, each licensing
94	94	entity shall establish a continuing education tracking system as
95	95	required by Section 112.104, Occupations Code, as added by this
96	96	Act.
97	97	SECTION 4. Notwithstanding Section 112.104(b), Occupations
98	98	Code, as added by this Act, a licensing entity subject to that
99	99	section that on the effective date of this Act has an agreement in
100	100	place with a continuing education tracking system provider that is
101	101	able to implement the requirements of Subchapter C, Chapter 112,
102	102	Occupations Code, as added by this Act, may maintain that agreement
103	103	and any costs associated with implementation of the agreement.
104	104	SECTION 5. This Act takes effect September 1, 2025.