Texas 2025 - 89th Regular

Texas Senate Bill SB123 Compare Versions

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

Old	New	Differences
1	1	89R2519 SCP-D
2	2	By: Hall S.B. No. 123
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the verification of the accuracy of an application for a
10	10	license to practice medicine in this state.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 152, Occupations Code, is
13	13	amended by adding Section 152.060 to read as follows:
14	14	Sec. 152.060. CIVIL LIABILITY OF EXECUTIVE DIRECTOR FOR
15	15	FAILURE TO VERIFY APPLICATION INFORMATION. (a) The executive
16	16	director is liable to a claimant, including a decedent's estate,
17	17	who has been harmed by a physician who holds a license to practice
18	18	medicine in this state if:
19	19	(1) the executive director failed to verify that the
20	20	physician was eligible for the license as required by Section
21	21	155.007(a-1);
22	22	(2) verifying the eligibility of the physician would
23	23	have revealed that the physician was ineligible for the license for
24	24	a reason described by Section 155.003(e);
25	25	(3) the conduct that caused the harm by the physician
26	26	in this state:
27	27	(A) constitutes grounds for a health care
28	28	liability claim under Chapter 74, Civil Practice and Remedies Code;
29	29	and
30	30	(B) involved the same type of conduct for which
31	31	the physician was ineligible for the license;
32	32	(4) the failure to verify demonstrated gross
33	33	negligence or intentional misconduct; and
34	34	(5) as a result of the failure to verify, the physician
35	35	was issued the license.
36	36	(b) A claimant may recover economic damages as defined by
37	37	Section 41.001, Civil Practice and Remedies Code, and court costs
38	38	in an action brought under this section.
39	39	(c) The executive director may not assert official immunity
40	40	or other forms of immunity as a defense in an action described by
41	41	Subsection (a).
42	42	SECTION 2. Section 155.007, Occupations Code, is amended by
43	43	adding Subsection (a-1) to read as follows:
44	44	(a-1) The executive director shall, before making a
45	45	determination of eligibility for purposes of Subsection (a),
46	46	verify that the applicant is not ineligible for the license by:
47	47	(1) reviewing the report by the National Practitioner
48	48	Data Bank or Healthcare Integrity and Protection Data Bank
49	49	regarding the disciplinary history of the applicant;
50	50	(2) for an applicant who holds or previously held a
51	51	medical license in another state, obtaining verification from the
52	52	licensing authority in that state that the applicant has not been
53	53	subject to an investigation or proceeding described by Section
54	54	155.003(e)(2), restriction, suspension, revocation, or other
55	55	disciplinary action by the licensing authority; and
56	56	(3) taking any other actions necessary to verify the
57	57	accuracy of the information contained in the application.
58	58	SECTION 3. (a) Section 152.060, Occupations Code, as added
59	59	by this Act, applies only to a cause of action that accrues on or
60	60	after the effective date of this Act.
61	61	(b) Section 155.007(a-1), Occupations Code, as added by
62	62	this Act, applies only to an application for a license under
63	63	Subtitle B, Title 3, Occupations Code, that is submitted on or after
64	64	the effective date of this Act.
65	65	SECTION 4. This Act takes effect September 1, 2025.