| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the verification of the accuracy of an application for a |
|
|
license to practice medicine in this state. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 152, Occupations Code, is |
|
|
amended by adding Section 152.060 to read as follows: |
|
|
Sec. 152.060. CIVIL LIABILITY OF EXECUTIVE DIRECTOR FOR |
|
|
FAILURE TO VERIFY APPLICATION INFORMATION. (a) The executive |
|
|
director is liable to a claimant, including a decedent's estate, |
|
|
who has been harmed by a physician who holds a license to practice |
|
|
medicine in this state if: |
|
|
(1) the executive director failed to verify that the |
|
|
physician was eligible for the license as required by Section |
|
|
155.007(a-1); |
|
|
(2) verifying the eligibility of the physician would |
|
|
have revealed that the physician was ineligible for the license for |
|
|
a reason described by Section 155.003(e); |
|
|
(3) the conduct that caused the harm by the physician |
|
|
in this state: |
|
|
(A) constitutes grounds for a health care |
|
|
liability claim under Chapter 74, Civil Practice and Remedies Code; |
|
|
and |
|
|
(B) involved the same type of conduct for which |
|
|
the physician was ineligible for the license; |
|
|
(4) the failure to verify demonstrated gross |
|
|
negligence or intentional misconduct; and |
|
|
(5) as a result of the failure to verify, the physician |
|
|
was issued the license. |
|
|
(b) A claimant may recover economic damages as defined by |
|
|
Section 41.001, Civil Practice and Remedies Code, and court costs |
|
|
in an action brought under this section. |
|
|
(c) The executive director may not assert official immunity |
|
|
or other forms of immunity as a defense in an action described by |
|
|
Subsection (a). |
|
|
SECTION 2. Section 155.007, Occupations Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) The executive director shall, before making a |
|
|
determination of eligibility for purposes of Subsection (a), |
|
|
verify that the applicant is not ineligible for the license by: |
|
|
(1) reviewing the report by the National Practitioner |
|
|
Data Bank or Healthcare Integrity and Protection Data Bank |
|
|
regarding the disciplinary history of the applicant; |
|
|
(2) for an applicant who holds or previously held a |
|
|
medical license in another state, obtaining verification from the |
|
|
licensing authority in that state that the applicant has not been |
|
|
subject to an investigation or proceeding described by Section |
|
|
155.003(e)(2), restriction, suspension, revocation, or other |
|
|
disciplinary action by the licensing authority; and |
|
|
(3) taking any other actions necessary to verify the |
|
|
accuracy of the information contained in the application. |
|
|
SECTION 3. (a) Section 152.060, Occupations Code, as added |
|
|
by this Act, applies only to a cause of action that accrues on or |
|
|
after the effective date of this Act. |
|
|
(b) Section 155.007(a-1), Occupations Code, as added by |
|
|
this Act, applies only to an application for a license under |
|
|
Subtitle B, Title 3, Occupations Code, that is submitted on or after |
|
|
the effective date of this Act. |
|
|
SECTION 4. This Act takes effect September 1, 2025. |