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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of health care practitioner continuing |
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education compliance through the establishment of continuing |
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education tracking systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 112.002, Occupations Code, is |
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transferred to Subchapter B, Chapter 112, Occupations Code, |
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redesignated as Section 112.0501, Occupations Code, and amended to |
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read as follows: |
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Sec. 112.0501 [112.002]. APPLICABILITY. This subchapter |
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[chapter] applies only to licensing entities and health care |
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practitioners under Chapters 401, 453, and 454 and Subtitles B, C, |
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D, E, F, and K. |
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SECTION 2. Chapter 112, Occupations Code, is amended by |
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adding Subchapter C to read as follows: |
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SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS |
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Sec. 112.101. DEFINITIONS. In this subchapter: |
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(1) "Continuing education course" means a course, |
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clinic, forum, lecture, program, or seminar that an individual must |
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complete in order to maintain or renew a license. |
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(2) "Continuing education provider" means a person |
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authorized or approved by a licensing entity to offer continuing |
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education courses. |
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(3) "Continuing education tracking system" means an |
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electronic system established by a licensing entity as required by |
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Section 112.104. |
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(4) "License" means a license, certificate, |
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registration, permit, or other form of authorization that: |
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(A) is issued by a licensing entity; and |
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(B) an individual must obtain to engage in a |
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particular business, occupation, or profession. |
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Sec. 112.102. APPLICABILITY. (a) Except as provided by |
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Subsection (b), this subchapter applies only to a licensing entity |
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that issues a license to a health care practitioner under this |
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title. |
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(b) This subchapter does not apply to Subtitle L. |
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Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR |
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LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing |
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entity may not renew a health care practitioner's license unless |
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the licensing entity verifies that the health care practitioner has |
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complied with any continuing education requirements of the |
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licensing entity. |
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(b) Verification of a health care practitioner's compliance |
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with continuing education requirements that is generated by the |
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continuing education tracking system: |
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(1) satisfies the requirement of Subsection (a); and |
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(2) must be used in the conduct of any audit of health |
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care practitioners conducted by the licensing entity. |
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(c) This section does not prohibit a licensing entity from |
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imposing penalties under applicable statutes or rules for a health |
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care practitioner's failure to comply with continuing education |
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requirements. |
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Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM. (a) |
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Each licensing entity by rule shall establish a continuing |
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education tracking system for use by and accessible to health care |
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practitioners, licensing entity staff, and continuing education |
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providers. |
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(b) A continuing education tracking system established |
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under this subchapter may not require any expenditure by the |
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licensing entity. |
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Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS. (a) A |
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continuing education tracking system may collect and use only: |
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(1) information that directly relates to a health care |
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practitioner's compliance with continuing education requirements, |
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including: |
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(A) the name in which the health care |
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practitioner's license is issued; |
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(B) the health care practitioner's license |
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number; |
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(C) the license issue date; |
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(D) the license expiration date; and |
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(E) any other information disclosed to the public |
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in response to a license verification request; and |
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(2) other information designated by licensing entity |
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rule as necessary for the system's performance of a function |
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required by this subchapter. |
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(b) A continuing education tracking system established |
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under Section 112.104 must: |
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(1) if the continuing education tracking system is a |
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cloud-based system, be certified under the state risk and |
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authorization management program established under Section |
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2054.0593, Government Code; and |
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(2) comply with the Americans with Disabilities Act of |
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1990 (42 U.S.C. Section 12101 et seq.). |
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Sec. 112.106. RULEMAKING. A licensing entity shall adopt |
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rules necessary to implement this subchapter. |
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SECTION 3. Not later than September 1, 2024, each licensing |
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entity shall establish a continuing education tracking system as |
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required by Section 112.104, Occupations Code, as added by this |
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Act. |
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SECTION 4. Notwithstanding Section 112.104(b), Occupations |
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Code, as added by this Act, a licensing entity subject to that |
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section that on the effective date of this Act has an agreement in |
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place with a continuing education tracking system provider that is |
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able to implement the requirements of Subchapter C, Chapter 112, |
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Occupations Code, as added by this Act, may maintain that agreement |
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and any costs associated with implementation of the agreement. |
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SECTION 5. This Act takes effect September 1, 2023. |
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* * * * * |