7 | 3 | | |
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8 | 4 | | |
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9 | 5 | | |
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10 | 6 | | |
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11 | 7 | | A BILL TO BE ENTITLED |
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12 | 8 | | AN ACT |
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13 | 9 | | relating to the verification of health care practitioner continuing |
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14 | 10 | | education compliance through the establishment of continuing |
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15 | 11 | | education tracking systems. |
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16 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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17 | 13 | | SECTION 1. Section 112.002, Occupations Code, is |
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18 | 14 | | transferred to Subchapter B, Chapter 112, Occupations Code, |
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19 | 15 | | redesignated as Section 112.0501, Occupations Code, and amended to |
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20 | 16 | | read as follows: |
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21 | 17 | | Sec. 112.0501 [112.002]. APPLICABILITY. This subchapter |
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22 | 18 | | [chapter] applies only to licensing entities and health care |
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23 | 19 | | practitioners under Chapters 401, 453, and 454 and Subtitles B, C, |
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24 | 20 | | D, E, F, and K. |
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25 | 21 | | SECTION 2. Chapter 112, Occupations Code, is amended by |
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26 | 22 | | adding Subchapter C to read as follows: |
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27 | 23 | | SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS |
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28 | 24 | | Sec. 112.101. DEFINITIONS. In this subchapter: |
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29 | 25 | | (1) "Continuing education course" means a course, |
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30 | 26 | | clinic, forum, lecture, program, or seminar that an individual must |
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31 | 27 | | complete in order to maintain or renew a license. |
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32 | 28 | | (2) "Continuing education provider" means a person |
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33 | 29 | | that a licensing entity authorizes or approves to offer continuing |
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34 | 30 | | education courses. |
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35 | 31 | | (3) "Continuing education tracking system" means an |
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36 | 32 | | electronic system a licensing entity establishes as required by |
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37 | 33 | | Section 112.104. |
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38 | 34 | | (4) "License" means a form of authorization a |
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39 | 35 | | licensing entity issues, including a license, certificate, |
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40 | 36 | | registration, or permit, that an individual must obtain to engage |
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41 | 37 | | in a particular business, occupation, or profession. |
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42 | 38 | | Sec. 112.102. APPLICABILITY. (a) Except as provided by |
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43 | 39 | | Subsection (b), this subchapter applies only to a licensing entity |
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44 | 40 | | that issues a license to a health care practitioner under this |
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45 | 41 | | title. |
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46 | 42 | | (b) This subchapter does not apply to Subtitle L. |
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47 | 43 | | Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR |
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48 | 44 | | LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing |
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49 | 45 | | entity may not renew a health care practitioner's license unless |
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50 | 46 | | the licensing entity verifies that the health care practitioner has |
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51 | 47 | | complied with any continuing education requirements of the |
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52 | 48 | | licensing entity. |
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53 | 49 | | (b) Verification of a health care practitioner's compliance |
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54 | 50 | | with continuing education requirements that the continuing |
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55 | 51 | | education tracking system generates: |
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56 | 52 | | (1) satisfies the requirement of Subsection (a); and |
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57 | 53 | | (2) must be used in the conduct of any audit of health |
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58 | 54 | | care practitioners the licensing entity conducts. |
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59 | 55 | | (c) This section does not prohibit a licensing entity from |
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60 | 56 | | imposing penalties under applicable statutes or rules for a health |
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61 | 57 | | care practitioner's failure to comply with continuing education |
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62 | 58 | | requirements. |
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63 | 59 | | Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM. (a) |
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64 | 60 | | Each licensing entity by rule shall establish a continuing |
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65 | 61 | | education tracking system for use by and accessible to health care |
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66 | 62 | | practitioners, licensing entity staff, and continuing education |
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67 | 63 | | providers. |
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68 | 64 | | (b) A continuing education tracking system established |
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69 | 65 | | under this subchapter may not require any licensing entity |
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70 | 66 | | expenditure. |
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71 | 67 | | Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS. (a) A |
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72 | 68 | | continuing education tracking system may collect and use only: |
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73 | 69 | | (1) information that directly relates to a health care |
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74 | 70 | | practitioner's compliance with continuing education requirements, |
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75 | 71 | | including: |
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76 | 72 | | (A) the name in which the health care |
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77 | 73 | | practitioner's license is issued; |
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78 | 74 | | (B) the health care practitioner's license |
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79 | 75 | | number; |
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80 | 76 | | (C) the license issue date; |
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81 | 77 | | (D) the license expiration date; and |
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82 | 78 | | (E) any other information disclosed to the public |
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83 | 79 | | in response to a license verification request; and |
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84 | 80 | | (2) other information the licensing entity designates |
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85 | 81 | | by rule as necessary for the system's performance of a function |
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86 | 82 | | required by this subchapter. |
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87 | 83 | | (b) A continuing education tracking system established |
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88 | 84 | | under Section 112.104 must: |
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89 | 85 | | (1) if the continuing education tracking system is a |
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90 | 86 | | cloud-based system, be certified under the state risk and |
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91 | 87 | | authorization management program established under Section |
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92 | 88 | | 2054.0593, Government Code; and |
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93 | 89 | | (2) comply with the Americans with Disabilities Act of |
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94 | 90 | | 1990 (42 U.S.C. Section 12101 et seq.). |
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95 | 91 | | Sec. 112.106. RULEMAKING. A licensing entity shall adopt |
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96 | 92 | | rules necessary to implement this subchapter. |
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97 | 93 | | SECTION 3. Not later than September 1, 2026, each licensing |
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98 | 94 | | entity shall establish a continuing education tracking system as |
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99 | 95 | | required by Section 112.104, Occupations Code, as added by this |
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100 | 96 | | Act. |
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101 | 97 | | SECTION 4. Notwithstanding Section 112.104(b), Occupations |
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102 | 98 | | Code, as added by this Act, a licensing entity subject to that |
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103 | 99 | | section that on the effective date of this Act has an agreement in |
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104 | 100 | | place with a continuing education tracking system provider that is |
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105 | 101 | | able to implement the requirements of Subchapter C, Chapter 112, |
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106 | 102 | | Occupations Code, as added by this Act, may maintain that agreement |
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107 | 103 | | and any costs associated with implementation of the agreement. |
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108 | 104 | | SECTION 5. This Act takes effect September 1, 2025. |
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