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.