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.