By Maxey H.B. No. 556
77R2810 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to public access to certain information regarding certain
1-3 health care professionals.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter E, Chapter 201, Occupations Code, is
1-6 amended by adding Section 201.206 to read as follows:
1-7 Sec. 201.206. CHIROPRACTOR PROFILES. (a) The board shall
1-8 create a profile of each chiropractor. The profile must:
1-9 (1) include the information required by Subsection
1-10 (b); and
1-11 (2) be compiled in a format that permits the board to
1-12 make the information contained in the profile available to the
1-13 public.
1-14 (b) A profile must contain the following information on each
1-15 chiropractor:
1-16 (1) the name of the chiropractic school from which the
1-17 chiropractor graduated and the date of graduation;
1-18 (2) any specialty certification held by the
1-19 chiropractor;
1-20 (3) the number of years the chiropractor has actively
1-21 practiced chiropractic in:
1-22 (A) the United States or Canada; and
1-23 (B) this state;
1-24 (4) the name of each hospital in this state in which
2-1 the chiropractor has privileges, if chiropractors are eligible for
2-2 those privileges;
2-3 (5) the chiropractor's primary practice location;
2-4 (6) the type of language translating services,
2-5 including translating services for a person with impairment of
2-6 hearing, that the chiropractor provides at the chiropractor's
2-7 primary practice location;
2-8 (7) whether the chiropractor participates in the
2-9 Medicaid program;
2-10 (8) a description of any conviction for a Class C
2-11 misdemeanor involving moral turpitude, a Class A or Class B
2-12 misdemeanor, or a felony during the 10-year period preceding the
2-13 date of the profile;
2-14 (9) a description of any charges reported to the board
2-15 during the 10-year period preceding the date of the profile to
2-16 which the chiropractor has pleaded no contest, for which the
2-17 chiropractor is the subject of deferred adjudication or pretrial
2-18 diversion, or in which sufficient facts of guilt were found and the
2-19 matter was continued by a court;
2-20 (10) a description of any disciplinary action against
2-21 the chiropractor by the board during the 10-year period preceding
2-22 the date of the profile;
2-23 (11) a description of any disciplinary action against
2-24 the chiropractor by a chiropractor licensing board of another state
2-25 during the 10-year period preceding the date of the profile;
2-26 (12) whether the chiropractor's patient service areas
2-27 are accessible to disabled persons, as defined by federal law; and
3-1 (13) a description of any complaint against the
3-2 chiropractor filed with the board and the status of the complaint.
3-3 (c) Information required to be included under Subsection (b)
3-4 that is not maintained by the board in the ordinary course of the
3-5 board's duties shall be obtained from a chiropractor at the time
3-6 the chiropractor renews the chiropractor's license. In requesting
3-7 information from the chiropractor, the board shall:
3-8 (1) inform the chiropractor that compliance with the
3-9 request for information is mandatory;
3-10 (2) inform the chiropractor of the date the
3-11 information will be made available to the public; and
3-12 (3) instruct the chiropractor about the requirements
3-13 under Subsection (f) for the chiropractor to obtain a copy of the
3-14 chiropractor's profile to make corrections.
3-15 (d) This section does not:
3-16 (1) prevent the board from providing explanatory
3-17 information regarding the significance of categories in which
3-18 malpractice settlements are reported; or
3-19 (2) require the board to disclose confidential
3-20 settlement information.
3-21 (e) A pending malpractice claim or complaint may not be
3-22 disclosed to the public by the board. This subsection does not
3-23 prevent the board from investigating and disciplining a
3-24 chiropractor on the basis of a pending malpractice claim or
3-25 complaint.
3-26 (f) The board shall provide a chiropractor with a copy of
3-27 the chiropractor's profile if the chiropractor requests a copy at
4-1 the time the chiropractor renews the chiropractor's license. If a
4-2 copy is requested by a chiropractor, the board shall provide the
4-3 chiropractor one month from the date the copy is provided to the
4-4 chiropractor to correct factual errors in the chiropractor's
4-5 profile.
4-6 (g) The board shall update the information contained in a
4-7 chiropractor's profile annually. The board shall adopt a form that
4-8 allows a chiropractor to update information contained in the
4-9 chiropractor's profile. The form shall be made available on the
4-10 Internet and in other formats as prescribed by board rule. The
4-11 board may adopt rules concerning the type and content of additional
4-12 information that may be included in a chiropractor's profile.
4-13 (h) The board shall adopt rules as necessary to implement
4-14 this section.
4-15 SECTION 2. Subchapter E, Chapter 202, Occupations Code, is
4-16 amended by adding Section 202.206 to read as follows:
4-17 Sec. 202.206. PODIATRIST PROFILES. (a) The board shall
4-18 create a profile of each podiatrist. The profile must:
4-19 (1) include the information required by Subsection
4-20 (b); and
4-21 (2) be compiled in a format that permits the board to
4-22 make the information contained in the profile available to the
4-23 public.
4-24 (b) A profile must contain the following information on each
4-25 podiatrist:
4-26 (1) the name of the school of podiatry or chiropody
4-27 from which the podiatrist graduated and the date of graduation;
5-1 (2) any specialty certification held by the
5-2 podiatrist;
5-3 (3) the number of years the podiatrist has actively
5-4 practiced podiatry in:
5-5 (A) the United States or Canada; and
5-6 (B) this state;
5-7 (4) the name of each hospital in this state in which
5-8 the podiatrist has privileges;
5-9 (5) the podiatrist's primary practice location;
5-10 (6) the type of language translating services,
5-11 including translating services for a person with impairment of
5-12 hearing, that the podiatrist provides at the podiatrist's primary
5-13 practice location;
5-14 (7) whether the podiatrist participates in the
5-15 Medicaid program;
5-16 (8) a description of any conviction for a Class C
5-17 misdemeanor involving moral turpitude, a Class A or Class B
5-18 misdemeanor, or a felony during the 10-year period preceding the
5-19 date of the profile;
5-20 (9) a description of any charges reported to the board
5-21 during the 10-year period preceding the date of the profile to
5-22 which the podiatrist has pleaded no contest, for which the
5-23 podiatrist is the subject of deferred adjudication or pretrial
5-24 diversion, or in which sufficient facts of guilt were found and the
5-25 matter was continued by a court;
5-26 (10) a description of any disciplinary action against
5-27 the podiatrist by the board during the 10-year period preceding the
6-1 date of the profile;
6-2 (11) a description of any disciplinary action against
6-3 the podiatrist by a podiatrist licensing board of another state
6-4 during the 10-year period preceding the date of the profile;
6-5 (12) a description of the final resolution taken by
6-6 the board on each malpractice claim or complaint required to be
6-7 opened by the board under Section 202.353(i);
6-8 (13) whether the podiatrist's patient service areas
6-9 are accessible to disabled persons, as defined by federal law; and
6-10 (14) a description of any complaint against the
6-11 podiatrist filed with the board and the status of the complaint.
6-12 (c) Information required to be included under Subsection (b)
6-13 that is not maintained by the board in the ordinary course of the
6-14 board's duties shall be obtained from a podiatrist at the time the
6-15 podiatrist renews the podiatrist's license. In requesting
6-16 information from the podiatrist, the board shall:
6-17 (1) inform the podiatrist that compliance with the
6-18 request for information is mandatory;
6-19 (2) inform the podiatrist of the date the information
6-20 will be made available to the public; and
6-21 (3) instruct the podiatrist about the requirements
6-22 under Subsection (f) for the podiatrist to obtain a copy of the
6-23 podiatrist's profile to make corrections.
6-24 (d) This section does not:
6-25 (1) prevent the board from providing explanatory
6-26 information regarding the significance of categories in which
6-27 malpractice settlements are reported; or
7-1 (2) require the board to disclose confidential
7-2 settlement information.
7-3 (e) A pending malpractice claim or complaint, other than a
7-4 claim disclosed under Subsection (b)(12), may not be disclosed to
7-5 the public by the board. This subsection does not prevent the
7-6 board from investigating and disciplining a podiatrist on the basis
7-7 of a pending malpractice claim or complaint.
7-8 (f) The board shall provide a podiatrist with a copy of the
7-9 podiatrist's profile if the podiatrist requests a copy at the time
7-10 the podiatrist renews the podiatrist's license. If a copy is
7-11 requested by a podiatrist, the board shall provide the podiatrist
7-12 one month from the date the copy is provided to the podiatrist to
7-13 correct factual errors in the podiatrist's profile.
7-14 (g) The board shall update the information contained in a
7-15 podiatrist's profile annually. The board shall adopt a form that
7-16 allows a podiatrist to update information contained in the
7-17 podiatrist's profile. The form shall be made available on the
7-18 Internet and in other formats as prescribed by board rule. The
7-19 board may adopt rules concerning the type and content of additional
7-20 information that may be included in a podiatrist's profile.
7-21 (h) The board shall adopt rules as necessary to implement
7-22 this section.
7-23 SECTION 3. Chapter 255, Occupations Code, is amended by
7-24 adding Section 255.009 to read as follows:
7-25 Sec. 255.009. DENTIST PROFILES. (a) The board shall create
7-26 a profile of each dentist. The profile must:
7-27 (1) include the information required by Subsection
8-1 (b); and
8-2 (2) be compiled in a format that permits the board to
8-3 make the information contained in the profile available to the
8-4 public.
8-5 (b) A profile must contain the following information on each
8-6 dentist:
8-7 (1) the name of the dental school from which the
8-8 dentist graduated, the date of graduation, and a statement
8-9 regarding whether the school is accredited as described by Section
8-10 256.002(a)(3)(A);
8-11 (2) if the dentist is a graduate of a dental school
8-12 that is not accredited as described by Section 256.002(a)(3)(A), a
8-13 description of the training the dentist completed in a specialty in
8-14 an education program described by Section 256.002(a)(3)(B),
8-15 including:
8-16 (A) the specialty covered by the training;
8-17 (B) the name of the institution that offered the
8-18 training; and
8-19 (C) the date the dentist completed the training;
8-20 (3) any specialty certification held by the dentist;
8-21 (4) the number of years the dentist has actively
8-22 practiced dentistry in:
8-23 (A) the United States or Canada; and
8-24 (B) this state;
8-25 (5) the name of each hospital in this state in which
8-26 the dentist has privileges;
8-27 (6) the dentist's primary practice location;
9-1 (7) the type of language translating services,
9-2 including translating services for a person with impairment of
9-3 hearing, that the dentist provides at the dentist's primary
9-4 practice location;
9-5 (8) whether the dentist participates in the Medicaid
9-6 program;
9-7 (9) a description of any conviction for a Class C
9-8 misdemeanor involving moral turpitude, a Class A or Class B
9-9 misdemeanor, or a felony during the 10-year period preceding the
9-10 date of the profile;
9-11 (10) a description of any charges reported to the
9-12 board during the 10-year period preceding the date of the profile
9-13 to which the dentist has pleaded no contest, for which the dentist
9-14 is the subject of deferred adjudication or pretrial diversion, or
9-15 in which sufficient facts of guilt were found and the matter was
9-16 continued by a court;
9-17 (11) a description of any disciplinary action against
9-18 the dentist by the board during the 10-year period preceding the
9-19 date of the profile;
9-20 (12) a description of any disciplinary action against
9-21 the dentist by a dentist licensing board of another state during
9-22 the 10-year period preceding the date of the profile;
9-23 (13) whether the dentist's patient service areas are
9-24 accessible to disabled persons, as defined by federal law; and
9-25 (14) a description of any complaint against the
9-26 dentist filed with the board and the status of the complaint.
9-27 (c) Information required to be included under Subsection (b)
10-1 that is not maintained by the board in the ordinary course of the
10-2 board's duties shall be obtained from a dentist at the time the
10-3 dentist renews the dentist's license. In requesting information
10-4 from the dentist, the board shall:
10-5 (1) inform the dentist that compliance with the
10-6 request for information is mandatory;
10-7 (2) inform the dentist of the date the information
10-8 will be made available to the public; and
10-9 (3) instruct the dentist about the requirements under
10-10 Subsection (f) for the dentist to obtain a copy of the dentist's
10-11 profile to make corrections.
10-12 (d) This section does not:
10-13 (1) prevent the board from providing explanatory
10-14 information regarding the significance of categories in which
10-15 malpractice settlements are reported; or
10-16 (2) require the board to disclose confidential
10-17 settlement information.
10-18 (e) A pending malpractice claim or complaint may not be
10-19 disclosed to the public by the board. This subsection does not
10-20 prevent the board from investigating and disciplining a dentist on
10-21 the basis of a pending malpractice claim or complaint.
10-22 (f) The board shall provide a dentist with a copy of the
10-23 dentist's profile if the dentist requests a copy at the time the
10-24 dentist renews the dentist's license. If a copy is requested by a
10-25 dentist, the board shall provide the dentist one month from the
10-26 date the copy is provided to the dentist to correct factual errors
10-27 in the dentist's profile.
11-1 (g) The board shall update the information contained in a
11-2 dentist's profile annually. The board shall adopt a form that
11-3 allows a dentist to update information contained in the dentist's
11-4 profile. The form shall be made available on the Internet and in
11-5 other formats as prescribed by board rule. The board may adopt
11-6 rules concerning the type and content of additional information
11-7 that may be included in a dentist's profile.
11-8 (h) The board shall adopt rules as necessary to implement
11-9 this section.
11-10 SECTION 4. Subchapter E, Chapter 351, Occupations Code, is
11-11 amended by adding Section 351.206 to read as follows:
11-12 Sec. 351.206. OPTOMETRIST AND THERAPEUTIC OPTOMETRIST
11-13 PROFILES. (a) The board shall create a profile of each optometrist
11-14 and therapeutic optometrist. The profile must:
11-15 (1) include the information required by Subsection
11-16 (b); and
11-17 (2) be compiled in a format that permits the board to
11-18 make the information contained in the profile available to the
11-19 public.
11-20 (b) A profile must contain the following information on each
11-21 optometrist or therapeutic optometrist:
11-22 (1) the name of the college of optometry from which
11-23 the optometrist or therapeutic optometrist graduated and the date
11-24 of graduation;
11-25 (2) in the case of a therapeutic optometrist, a
11-26 description of the courses in pharmacology and related pathology
11-27 described by Section 351.252 completed by the therapeutic
12-1 optometrist, including:
12-2 (A) the number of classroom hours completed in
12-3 each field;
12-4 (B) the name of the educational institution
12-5 where the courses were taken; and
12-6 (C) the date the course work was completed;
12-7 (3) in the case of an optometric glaucoma specialist,
12-8 a description of the instructional clinical review course
12-9 completed, including:
12-10 (A) the name of the educational institution
12-11 where the course was taken; and
12-12 (B) the date the course was completed;
12-13 (4) any specialty certification held by the
12-14 optometrist or therapeutic optometrist and issued by the board;
12-15 (5) the number of years the optometrist or therapeutic
12-16 optometrist has actively practiced optometry or therapeutic
12-17 optometry in:
12-18 (A) the United States or Canada; and
12-19 (B) this state;
12-20 (6) the name of each hospital in this state in which
12-21 the optometrist or therapeutic optometrist has privileges;
12-22 (7) the optometrist's or therapeutic optometrist's
12-23 primary practice location;
12-24 (8) the type of language translating services,
12-25 including translating services for a person with impairment of
12-26 hearing, that the optometrist or therapeutic optometrist provides
12-27 at the optometrist's or therapeutic optometrist's primary practice
13-1 location;
13-2 (9) whether the optometrist or therapeutic optometrist
13-3 participates in the Medicaid program;
13-4 (10) a description of any conviction for a Class C
13-5 misdemeanor involving moral turpitude, a Class A or Class B
13-6 misdemeanor, or a felony during the 10-year period preceding the
13-7 date of the profile;
13-8 (11) a description of any charges reported to the
13-9 board during the 10-year period preceding the date of the profile
13-10 to which the optometrist or therapeutic optometrist has pleaded no
13-11 contest, for which the optometrist or therapeutic optometrist is
13-12 the subject of deferred adjudication or pretrial diversion, or in
13-13 which sufficient facts of guilt were found and the matter was
13-14 continued by a court;
13-15 (12) a description of any disciplinary action against
13-16 the optometrist or therapeutic optometrist by the board during the
13-17 10-year period preceding the date of the profile;
13-18 (13) a description of any disciplinary action against
13-19 the optometrist or therapeutic optometrist by an optometrist or
13-20 therapeutic optometrist licensing board of another state during the
13-21 10-year period preceding the date of the profile;
13-22 (14) whether the optometrist's or therapeutic
13-23 optometrist's patient service areas are accessible to disabled
13-24 persons, as defined by federal law; and
13-25 (15) a description of any complaint against the
13-26 optometrist or therapeutic optometrist filed with the board and the
13-27 status of the complaint.
14-1 (c) Information required to be included under Subsection (b)
14-2 that is not maintained by the board in the ordinary course of the
14-3 board's duties shall be obtained from an optometrist or therapeutic
14-4 optometrist at the time the optometrist or therapeutic optometrist
14-5 renews the optometrist's or therapeutic optometrist's license. In
14-6 requesting information from the optometrist or therapeutic
14-7 optometrist, the board shall:
14-8 (1) inform the optometrist or therapeutic optometrist
14-9 that compliance with the request for information is mandatory;
14-10 (2) inform the optometrist or therapeutic optometrist
14-11 of the date the information will be made available to the public;
14-12 and
14-13 (3) instruct the optometrist or therapeutic
14-14 optometrist about the requirements under Subsection (f) for the
14-15 optometrist or therapeutic optometrist to obtain a copy of the
14-16 optometrist's or therapeutic optometrist's profile to make
14-17 corrections.
14-18 (d) This section does not:
14-19 (1) prevent the board from providing explanatory
14-20 information regarding the significance of categories in which
14-21 malpractice settlements are reported; or
14-22 (2) require the board to disclose confidential
14-23 settlement information.
14-24 (e) A pending malpractice claim or complaint may not be
14-25 disclosed to the public by the board. This subsection does not
14-26 prevent the board from investigating and disciplining an
14-27 optometrist or therapeutic optometrist on the basis of a pending
15-1 malpractice claim or complaint.
15-2 (f) The board shall provide an optometrist or therapeutic
15-3 optometrist with a copy of the optometrist's or therapeutic
15-4 optometrist's profile if the optometrist or therapeutic optometrist
15-5 requests a copy at the time the optometrist or therapeutic
15-6 optometrist renews the optometrist's or therapeutic optometrist's
15-7 license. If a copy is requested by an optometrist or therapeutic
15-8 optometrist, the board shall provide the optometrist or therapeutic
15-9 optometrist one month from the date the copy is provided to the
15-10 optometrist or therapeutic optometrist to correct factual errors in
15-11 the optometrist's or therapeutic optometrist's profile.
15-12 (g) The board shall update the information contained in an
15-13 optometrist's or therapeutic optometrist's profile annually. The
15-14 board shall adopt a form that allows an optometrist or therapeutic
15-15 optometrist to update information contained in the optometrist's or
15-16 therapeutic optometrist's profile. The form shall be made
15-17 available on the Internet and in other formats as prescribed by
15-18 board rule. The board may adopt rules concerning the type and
15-19 content of additional information that may be included in an
15-20 optometrist's or therapeutic optometrist's profile.
15-21 (h) The board shall adopt rules as necessary to implement
15-22 this section.
15-23 SECTION 5. Subchapter D, Chapter 453, Occupations Code, is
15-24 amended by adding Section 453.156 to read as follows:
15-25 Sec. 453.156. PHYSICAL THERAPIST PROFILES. (a) The board
15-26 shall create a profile of each physical therapist. The profile
15-27 must:
16-1 (1) include the information required by Subsection
16-2 (b); and
16-3 (2) be compiled in a format that permits the board to
16-4 make the information contained in the profile available to the
16-5 public.
16-6 (b) A profile must contain the following information on each
16-7 physical therapist:
16-8 (1) a description of the accredited physical therapy
16-9 educational program or equivalent program described by Section
16-10 453.203 completed by the physical therapist, including:
16-11 (A) the name of the institution of higher
16-12 education with which the program is associated, if applicable; and
16-13 (B) the date the physical therapist completed
16-14 the program;
16-15 (2) any specialty certification held by the physical
16-16 therapist;
16-17 (3) the number of years the physical therapist has
16-18 actively practiced physical therapy in:
16-19 (A) the United States or Canada; and
16-20 (B) this state;
16-21 (4) the name of each hospital in this state in which
16-22 the physical therapist has privileges, if physical therapists are
16-23 eligible for those privileges;
16-24 (5) the physical therapist's primary practice
16-25 location;
16-26 (6) the type of language translating services,
16-27 including translating services for a person with impairment of
17-1 hearing, that the physical therapist provides at the physical
17-2 therapist's primary practice location;
17-3 (7) whether the physical therapist participates in the
17-4 Medicaid program;
17-5 (8) a description of any conviction for a Class C
17-6 misdemeanor involving moral turpitude, a Class A or Class B
17-7 misdemeanor, or a felony during the 10-year period preceding the
17-8 date of the profile;
17-9 (9) a description of any charges reported to the board
17-10 during the 10-year period preceding the date of the profile to
17-11 which the physical therapist has pleaded no contest, for which the
17-12 physical therapist is the subject of deferred adjudication or
17-13 pretrial diversion, or in which sufficient facts of guilt were
17-14 found and the matter was continued by a court;
17-15 (10) a description of any disciplinary action against
17-16 the physical therapist by the board during the 10-year period
17-17 preceding the date of the profile;
17-18 (11) a description of any disciplinary action against
17-19 the physical therapist by a physical therapist licensing board of
17-20 another state during the 10-year period preceding the date of the
17-21 profile;
17-22 (12) whether the physical therapist's patient service
17-23 areas are accessible to disabled persons, as defined by federal
17-24 law; and
17-25 (13) a description of any complaint against the
17-26 physical therapist filed with the board and the status of the
17-27 complaint.
18-1 (c) Information required to be included under Subsection (b)
18-2 that is not maintained by the board in the ordinary course of the
18-3 board's duties shall be obtained from a physical therapist at the
18-4 time the physical therapist renews the physical therapist's
18-5 license. In requesting information from the physical therapist,
18-6 the board shall:
18-7 (1) inform the physical therapist that compliance with
18-8 the request for information is mandatory;
18-9 (2) inform the physical therapist of the date the
18-10 information will be made available to the public; and
18-11 (3) instruct the physical therapist about the
18-12 requirements under Subsection (f) for the physical therapist to
18-13 obtain a copy of the physical therapist's profile to make
18-14 corrections.
18-15 (d) This section does not:
18-16 (1) prevent the board from providing explanatory
18-17 information regarding the significance of categories in which
18-18 malpractice settlements are reported; or
18-19 (2) require the board to disclose confidential
18-20 settlement information.
18-21 (e) A pending malpractice claim or complaint may not be
18-22 disclosed to the public by the board. This subsection does not
18-23 prevent the board from investigating and disciplining a physical
18-24 therapist on the basis of a pending malpractice claim or complaint.
18-25 (f) The board shall provide a physical therapist with a copy
18-26 of the physical therapist's profile if the physical therapist
18-27 requests a copy at the time the physical therapist renews the
19-1 physical therapist's license. If a copy is requested by a physical
19-2 therapist, the board shall provide the physical therapist one month
19-3 from the date the copy is provided to the physical therapist to
19-4 correct factual errors in the physical therapist's profile.
19-5 (g) The board shall update the information contained in a
19-6 physical therapist's profile annually. The board shall adopt a form
19-7 that allows a physical therapist to update information contained in
19-8 the physical therapist's profile. The form shall be made available
19-9 on the Internet and in other formats as prescribed by board rule.
19-10 The board may adopt rules concerning the type and content of
19-11 additional information that may be included in a physical
19-12 therapist's profile.
19-13 (h) The board shall adopt rules as necessary to implement
19-14 this section.
19-15 SECTION 6. Subchapter D, Chapter 454, Occupations Code, is
19-16 amended by adding Section 454.155 to read as follows:
19-17 Sec. 454.155. OCCUPATIONAL THERAPIST PROFILES. (a) The
19-18 board shall create a profile of each occupational therapist. The
19-19 profile must:
19-20 (1) include the information required by Subsection
19-21 (b); and
19-22 (2) be compiled in a format that permits the board to
19-23 make the information contained in the profile available to the
19-24 public.
19-25 (b) A profile must contain the following information on each
19-26 occupational therapist:
19-27 (1) a description of the baccalaureate or postgraduate
20-1 degree in occupational therapy conferred on, or of the
20-2 undergraduate course work in occupational therapy completed by, the
20-3 occupational therapist, as required by Section 454.204(1),
20-4 including:
20-5 (A) the name of the educational institution that
20-6 conferred the degree or where the courses were taken; and
20-7 (B) the date the degree was conferred or the
20-8 courses were completed;
20-9 (2) any specialty certification held by the
20-10 occupational therapist;
20-11 (3) the number of years the occupational therapist has
20-12 actively practiced occupational therapy in:
20-13 (A) the United States or Canada; and
20-14 (B) this state;
20-15 (4) the name of each hospital in this state in which
20-16 the occupational therapist has privileges, if occupational
20-17 therapists are eligible for those privileges;
20-18 (5) the occupational therapist's primary practice
20-19 location;
20-20 (6) the type of language translating services,
20-21 including translating services for a person with impairment of
20-22 hearing, that the occupational therapist provides at the
20-23 occupational therapist's primary practice location;
20-24 (7) whether the occupational therapist participates in
20-25 the Medicaid program, if occupational therapists are eligible to do
20-26 so;
20-27 (8) a description of any conviction for a Class C
21-1 misdemeanor involving moral turpitude, a Class A or Class B
21-2 misdemeanor, or a felony during the 10-year period preceding the
21-3 date of the profile;
21-4 (9) a description of any charges reported to the board
21-5 during the 10-year period preceding the date of the profile to
21-6 which the occupational therapist has pleaded no contest, for which
21-7 the occupational therapist is the subject of deferred adjudication
21-8 or pretrial diversion, or in which sufficient facts of guilt were
21-9 found and the matter was continued by a court;
21-10 (10) a description of any disciplinary action against
21-11 the occupational therapist by the board during the 10-year period
21-12 preceding the date of the profile;
21-13 (11) a description of any disciplinary action against
21-14 the occupational therapist by an occupational therapist licensing
21-15 board of another state during the 10-year period preceding the date
21-16 of the profile;
21-17 (12) whether the occupational therapist's patient
21-18 service areas are accessible to disabled persons, as defined by
21-19 federal law; and
21-20 (13) a description of any complaint against the
21-21 occupational therapist filed with the board and the status of the
21-22 complaint.
21-23 (c) Information required to be included under Subsection (b)
21-24 that is not maintained by the board in the ordinary course of the
21-25 board's duties shall be obtained from an occupational therapist at
21-26 the time the occupational therapist renews the occupational
21-27 therapist's license. In requesting information from the
22-1 occupational therapist, the board shall:
22-2 (1) inform the occupational therapist that compliance
22-3 with the request for information is mandatory;
22-4 (2) inform the occupational therapist of the date the
22-5 information will be made available to the public; and
22-6 (3) instruct the occupational therapist about the
22-7 requirements under Subsection (f) for the occupational therapist to
22-8 obtain a copy of the occupational therapist's profile to make
22-9 corrections.
22-10 (d) This section does not:
22-11 (1) prevent the board from providing explanatory
22-12 information regarding the significance of categories in which
22-13 malpractice settlements are reported; or
22-14 (2) require the board to disclose confidential
22-15 settlement information.
22-16 (e) A pending malpractice claim or complaint may not be
22-17 disclosed to the public by the board. This subsection does not
22-18 prevent the board from investigating and disciplining an
22-19 occupational therapist on the basis of a pending malpractice claim
22-20 or complaint.
22-21 (f) The board shall provide an occupational therapist with a
22-22 copy of the occupational therapist's profile if the occupational
22-23 therapist requests a copy at the time the occupational therapist
22-24 renews the occupational therapist's license. If a copy is
22-25 requested by an occupational therapist, the board shall provide the
22-26 occupational therapist one month from the date the copy is provided
22-27 to the occupational therapist to correct factual errors in the
23-1 occupational therapist's profile.
23-2 (g) The board shall update the information contained in an
23-3 occupational therapist's profile annually. The board shall adopt a
23-4 form that allows an occupational therapist to update information
23-5 contained in the occupational therapist's profile. The form shall
23-6 be made available on the Internet and in other formats as
23-7 prescribed by board rule. The board may adopt rules concerning the
23-8 type and content of additional information that may be included in
23-9 an occupational therapist's profile.
23-10 (h) The board shall adopt rules as necessary to implement
23-11 this section.
23-12 SECTION 7. Subchapter E, Chapter 501, Occupations Code, is
23-13 amended by adding Section 501.207 to read as follows:
23-14 Sec. 501.207. PSYCHOLOGIST PROFILES. (a) The board shall
23-15 create a profile of each psychologist. The profile must:
23-16 (1) include the information required by Subsection
23-17 (b); and
23-18 (2) be compiled in a format that permits the board to
23-19 make the information contained in the profile available to the
23-20 public.
23-21 (b) A profile must contain the following information on each
23-22 psychologist:
23-23 (1) a description of the doctoral degree described by
23-24 Section 501.255 that was conferred on the psychologist, including:
23-25 (A) the field in which the degree was conferred;
23-26 (B) the name of the educational institution that
23-27 conferred the degree; and
24-1 (C) the date the degree was conferred;
24-2 (2) any specialty certification held by the
24-3 psychologist and issued by the board;
24-4 (3) the number of years the psychologist has actively
24-5 practiced psychology in:
24-6 (A) the United States or Canada; and
24-7 (B) this state;
24-8 (4) the name of each hospital in this state in which
24-9 the psychologist has privileges, if psychologists are eligible for
24-10 those privileges;
24-11 (5) the psychologist's primary practice location;
24-12 (6) the type of language translating services,
24-13 including translating services for a person with impairment of
24-14 hearing, that the psychologist provides at the psychologist's
24-15 primary practice location;
24-16 (7) whether the psychologist participates in the
24-17 Medicaid program;
24-18 (8) a description of any conviction for a Class C
24-19 misdemeanor involving moral turpitude, a Class A or Class B
24-20 misdemeanor, or a felony during the 10-year period preceding the
24-21 date of the profile;
24-22 (9) a description of any charges reported to the board
24-23 during the 10-year period preceding the date of the profile to
24-24 which the psychologist has pleaded no contest, for which the
24-25 psychologist is the subject of deferred adjudication or pretrial
24-26 diversion, or in which sufficient facts of guilt were found and the
24-27 matter was continued by a court;
25-1 (10) a description of any disciplinary action against
25-2 the psychologist by the board during the 10-year period preceding
25-3 the date of the profile;
25-4 (11) a description of any disciplinary action against
25-5 the psychologist by a psychologist licensing board of another state
25-6 during the 10-year period preceding the date of the profile;
25-7 (12) whether the psychologist's patient service areas
25-8 are accessible to disabled persons, as defined by federal law; and
25-9 (13) a description of any complaint against the
25-10 psychologist filed with the board and the status of the complaint.
25-11 (c) Information required to be included under Subsection (b)
25-12 that is not maintained by the board in the ordinary course of the
25-13 board's duties shall be obtained from a psychologist at the time
25-14 the psychologist renews the psychologist's license. In requesting
25-15 information from the psychologist, the board shall:
25-16 (1) inform the psychologist that compliance with the
25-17 request for information is mandatory;
25-18 (2) inform the psychologist of the date the
25-19 information will be made available to the public; and
25-20 (3) instruct the psychologist about the requirements
25-21 under Subsection (f) for the psychologist to obtain a copy of the
25-22 psychologist's profile to make corrections.
25-23 (d) This section does not:
25-24 (1) prevent the board from providing explanatory
25-25 information regarding the significance of categories in which
25-26 malpractice settlements are reported; or
25-27 (2) require the board to disclose confidential
26-1 settlement information.
26-2 (e) A pending malpractice claim or complaint may not be
26-3 disclosed to the public by the board. This subsection does not
26-4 prevent the board from investigating and disciplining a
26-5 psychologist on the basis of a pending malpractice claim or
26-6 complaint.
26-7 (f) The board shall provide a psychologist with a copy of
26-8 the psychologist's profile if the psychologist requests a copy at
26-9 the time the psychologist renews the psychologist's license. If a
26-10 copy is requested by a psychologist, the board shall provide the
26-11 psychologist one month from the date the copy is provided to the
26-12 psychologist to correct factual errors in the psychologist's
26-13 profile.
26-14 (g) The board shall update the information contained in a
26-15 psychologist's profile annually. The board shall adopt a form that
26-16 allows a psychologist to update information contained in the
26-17 psychologist's profile. The form shall be made available on the
26-18 Internet and in other formats as prescribed by board rule. The
26-19 board may adopt rules concerning the type and content of additional
26-20 information that may be included in a psychologist's profile.
26-21 (h) The board shall adopt rules as necessary to implement
26-22 this section.
26-23 SECTION 8. Chapter 555, Occupations Code, is amended by
26-24 adding Section 555.013 to read as follows:
26-25 Sec. 555.013. PHARMACIST PROFILES. (a) The board shall
26-26 create a profile of each pharmacist. The profile must:
26-27 (1) include the information required by Subsection
27-1 (b); and
27-2 (2) be compiled in a format that permits the board to
27-3 make the information contained in the profile available to the
27-4 public.
27-5 (b) A profile must contain the following information on each
27-6 pharmacist:
27-7 (1) a description of the professional practice degree
27-8 from an accredited pharmacy degree program that was conferred on
27-9 the pharmacist, including:
27-10 (A) the name of the educational institution that
27-11 conferred the degree; and
27-12 (B) the date the degree was conferred;
27-13 (2) any specialty certification held by the
27-14 pharmacist;
27-15 (3) the number of years the pharmacist has actively
27-16 practiced pharmacy in:
27-17 (A) the United States or Canada; and
27-18 (B) this state;
27-19 (4) the name of each hospital in this state in which
27-20 the pharmacist has privileges, if pharmacists are eligible for
27-21 those privileges;
27-22 (5) the pharmacist's primary practice location;
27-23 (6) the type of language translating services,
27-24 including translating services for a person with impairment of
27-25 hearing, that the pharmacist provides at the pharmacist's primary
27-26 practice location;
27-27 (7) whether the pharmacist participates in the
28-1 Medicaid program;
28-2 (8) a description of any conviction for a Class C
28-3 misdemeanor involving moral turpitude, a Class A or Class B
28-4 misdemeanor, or a felony during the 10-year period preceding the
28-5 date of the profile;
28-6 (9) a description of any charges reported to the board
28-7 during the 10-year period preceding the date of the profile to
28-8 which the pharmacist has pleaded no contest, for which the
28-9 pharmacist is the subject of deferred adjudication or pretrial
28-10 diversion, or in which sufficient facts of guilt were found and the
28-11 matter was continued by a court;
28-12 (10) a description of any disciplinary action against
28-13 the pharmacist by the board during the 10-year period preceding the
28-14 date of the profile;
28-15 (11) a description of any disciplinary action against
28-16 the pharmacist by a pharmacist licensing board of another state
28-17 during the 10-year period preceding the date of the profile;
28-18 (12) whether the pharmacist's practice locations are
28-19 accessible to disabled persons, as defined by federal law; and
28-20 (13) a description of any complaint against the
28-21 pharmacist filed with the board and the status of the complaint.
28-22 (c) Information required to be included under Subsection (b)
28-23 that is not maintained by the board in the ordinary course of the
28-24 board's duties shall be obtained from a pharmacist at the time the
28-25 pharmacist renews the pharmacist's license. In requesting
28-26 information from the pharmacist, the board shall:
28-27 (1) inform the pharmacist that compliance with the
29-1 request for information is mandatory;
29-2 (2) inform the pharmacist of the date the information
29-3 will be made available to the public; and
29-4 (3) instruct the pharmacist about the requirements
29-5 under Subsection (f) for the pharmacist to obtain a copy of the
29-6 pharmacist's profile to make corrections.
29-7 (d) This section does not:
29-8 (1) prevent the board from providing explanatory
29-9 information regarding the significance of categories in which
29-10 malpractice settlements are reported; or
29-11 (2) require the board to disclose confidential
29-12 settlement information.
29-13 (e) A pending malpractice claim or complaint may not be
29-14 disclosed to the public by the board. This subsection does not
29-15 prevent the board from investigating and disciplining a pharmacist
29-16 on the basis of a pending malpractice claim or complaint.
29-17 (f) The board shall provide a pharmacist with a copy of the
29-18 pharmacist's profile if the pharmacist requests a copy at the time
29-19 the pharmacist renews the pharmacist's license. If a copy is
29-20 requested by a pharmacist, the board shall provide the pharmacist
29-21 one month from the date the copy is provided to the pharmacist to
29-22 correct factual errors in the pharmacist's profile.
29-23 (g) The board shall update the information contained in a
29-24 pharmacist's profile annually. The board shall adopt a form that
29-25 allows a pharmacist to update information contained in the
29-26 pharmacist's profile. The form shall be made available on the
29-27 Internet and in other formats as prescribed by board rule. The
30-1 board may adopt rules concerning the type and content of additional
30-2 information that may be included in a pharmacist's profile.
30-3 (h) The board shall adopt rules as necessary to implement
30-4 this section.
30-5 SECTION 9. (a) This Act takes effect September 1, 2001.
30-6 (b) Each state agency subject to this Act shall adopt rules
30-7 under this Act not later than April 1, 2002. The agency shall make
30-8 the initial profiles required under this Act available to the
30-9 public not later than September 1, 2003.
30-10 (c) Each state agency subject to this Act shall raise fees
30-11 prescribed by the agency in an amount not to exceed $20 for each
30-12 fiscal year in the 2002-2003 biennium and not to exceed $10 for
30-13 each fiscal year in the 2004-2005 biennium for each health care
30-14 professional subject to this Act and licensed by the agency to
30-15 cover the costs of administering the changes in law made by this
30-16 Act. The agency shall reduce any fees raised under this subsection
30-17 not later than the second anniversary of the date the initial
30-18 profiles the agency is required to create under this Act are made
30-19 available to the public to the extent the increase in fee amounts
30-20 was necessary to cover the initial costs incurred by the agency in
30-21 establishing a profile system.