Senate Bill 268 | Effective: Vetoed |
Senate Author: Perry et al. | Senate Committee: Health & Human Services |
House Sponsor: Howard | House Committee: Public Health |
Senate Bill 268 amends the Occupations Code to require a state licensing entity that receives a complaint concerning a health care practitioner who holds a license issued by a different licensing entity to promptly forward a copy of the complaint to that licensing entity and to prohibit a licensing entity from taking disciplinary action based on a complaint against such a health care practitioner unless the licensing entity with which the practitioner holds a license refers the complaint back to the licensing entity that received the complaint for investigation and resolution. The bill also requires a state licensing entity that receives a complaint concerning a health care practitioner that credibly accuses the practitioner of conduct constituting an offense that resulted in death or serious bodily injury to a person to promptly forward a copy of the complaint to an appropriate law enforcement agency.
Governor's Reason for Veto: "In its attempt to streamline responses to health care complaints, this bill would inadvertently raise hurdles to protecting public health and safety. Senate Bill No. 268 aims to ensure a health care complaint is handled by the right regulatory board. It would require a board to forward a complaint about a licensee to the board that issued that individual's license. That's good. But it would also prohibit the original board from taking any disciplinary action for portions of a complaint within its jurisdiction. The Medical Board, for example, should not be prohibited from issuing a cease‑and‑desist order for unlicensed medical practice simply because the specific practice at issue is also regulated by another board. I look forward to working with the author in the future to craft a solution that accounts for regulatory overlap and ensures no gaps in enforcement."