| 1 | 1 | | 89R16147 JTZ-D |
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| 2 | 2 | | By: Hall S.B. No. 2422 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to investigations and disciplinary or punitive action by |
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| 10 | 10 | | the Texas Medical Board regarding certain treatments or practices |
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| 11 | 11 | | regarding COVID-19 and to the required expungement of certain |
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| 12 | 12 | | records. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Subchapter A, Chapter 153, Occupations Code, is |
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| 15 | 15 | | amended by adding Section 153.017 to read as follows: |
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| 16 | 16 | | Sec. 153.017. LIMITATION ON INVESTIGATIVE AND DISCIPLINARY |
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| 17 | 17 | | AUTHORITY. The board may not investigate or take disciplinary or |
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| 18 | 18 | | other punitive action against a person regulated by the board for: |
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| 19 | 19 | | (1) prescribing or advocating for the use of |
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| 20 | 20 | | ivermectin, hydroxychloroquine, or budesonide in the prevention or |
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| 21 | 21 | | treatment of COVID-19; |
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| 22 | 22 | | (2) making statements regarding the efficacy of masks |
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| 23 | 23 | | in preventing the transmission of COVID-19; or |
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| 24 | 24 | | (3) failing to wear or require others to wear masks |
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| 25 | 25 | | intended to prevent the transmission of COVID-19 in connection with |
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| 26 | 26 | | the person's practice, other than in areas where it was customary to |
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| 27 | 27 | | wear masks before the COVID-19 pandemic. |
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| 28 | 28 | | SECTION 2. Not later than December 1, 2025, the Texas |
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| 29 | 29 | | Medical Board shall: |
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| 30 | 30 | | (1) review its records and expunge any record created |
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| 31 | 31 | | on or after January 1, 2020, related to the investigation of or |
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| 32 | 32 | | disciplinary or other punitive action taken against a person |
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| 33 | 33 | | regulated by the board if the record contains any of the following |
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| 34 | 34 | | words: |
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| 35 | 35 | | (A) budesonide; |
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| 36 | 36 | | (B) hydroxychloroquine; |
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| 37 | 37 | | (C) ivermectin; or |
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| 38 | 38 | | (D) mask; and |
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| 39 | 39 | | (2) in connection with each record expunged under |
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| 40 | 40 | | Subdivision (1): |
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| 41 | 41 | | (A) vacate any disciplinary action imposed and |
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| 42 | 42 | | rescind any other punitive action taken by the board; |
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| 43 | 43 | | (B) refund, out of existing funds, all fines |
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| 44 | 44 | | collected from the person and dismiss any unpaid fines; and |
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| 45 | 45 | | (C) reimburse, out of existing funds, the person |
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| 46 | 46 | | for all legal fees incurred as a result of the investigation or |
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| 47 | 47 | | disciplinary or punitive action. |
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| 48 | 48 | | SECTION 3. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2025. |
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