79R274 YDB-D
By: Guillen H.B. No. 212
A BILL TO BE ENTITLED
AN ACT
relating to health care practitioner information provided to a
health care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 4, Health and Safety Code, is
amended by adding Chapter 254 to read as follows:
CHAPTER 254. HEALTH CARE PRACTITIONER INFORMATION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 254.001. DEFINITIONS. In this chapter:
(1) "Health care facility" means:
(A) a hospital licensed under Chapter 241;
(B) a nursing home, custodial care home, or other
institution licensed under Chapter 242;
(C) an ambulatory surgical center licensed under
Chapter 243;
(D) an assisted living facility licensed under
Chapter 247;
(E) a facility for persons with mental
retardation licensed under Chapter 252;
(F) a home and community support services agency
licensed under Chapter 142;
(G) an adult day care facility licensed under
Chapter 103, Human Resources Code;
(H) a facility that provides mental health
services and that is operated by or contracts with the Department of
State Health Services; or
(I) a local mental health or mental retardation
authority designated under Section 533.035.
(2) "Health care practitioner" means a person who in
direct patient care situations provides health care services that:
(A) are authorized under a license, certificate,
or registration issued by a state health care regulatory agency; or
(B) are associated with a training course or
educational program required for issuance of a license,
certificate, or registration.
Sec. 254.002. EXEMPTION. A health care facility subject to
this chapter is not required to obtain or supply information as
provided by this chapter regarding the employment by the facility
of a physician licensed to practice medicine in this state.
[Sections 254.003-254.050 reserved for expansion]
SUBCHAPTER B. AGENCY AND PREVIOUS EMPLOYER INFORMATION
Sec. 254.051. RELEASE; INFORMATION REQUEST. Within 72
hours of employing a health care practitioner, a health care
facility shall:
(1) obtain a written statement from the practitioner
authorizing:
(A) the state health care regulatory agency that
issued the practitioner's license, certificate, or registration to
release the information required by Section 254.052; and
(B) the practitioner's previous employer to
release the information required by Section 254.053;
(2) submit to the agency a request for the information
required by Section 254.052; and
(3) submit to the previous employer a request for the
information required by Section 254.053.
Sec. 254.052. AGENCY INFORMATION. Not later than the 30th
day after the date of receipt of a health care facility's request
under Section 254.051, a state health care regulatory agency that
issues a license, certificate, or registration to a health care
practitioner shall provide to the facility any information in the
custody of the agency related to:
(1) the filing of any formal charges against the
practitioner by any person;
(2) any emergency suspension of the practitioner's
license, certificate, or registration;
(3) any action or restriction on the practitioner's
license, certificate, or registration; or
(4) any complaint or report from a health care
facility that indicates the practitioner's continued practice is an
immediate or substantial threat to the public based on:
(A) an actual or substantial risk of patient
death or serious harm resulting from a lack of knowledge, skill, or
concern for patient welfare; or
(B) patient neglect, abuse, or exploitation.
Sec. 254.053. PREVIOUS EMPLOYER INFORMATION. (a) Not
later than the 30th day after the date of receipt of a request from a
health care facility under Section 254.051, a previous employer of
a health care practitioner shall provide to the facility any
information in the custody of the employer related to:
(1) the reasons for the practitioner's dismissal if
the practitioner was dismissed; and
(2) any complaint against the practitioner that
indicates the practitioner's continued practice is an immediate or
substantial threat to the public based on:
(A) an actual or substantial risk of patient
death or serious harm resulting from a lack of knowledge, skill, or
concern for patient welfare; or
(B) patient neglect, abuse, or exploitation.
(b) On discovery that inaccurate information has been
provided to a health care facility, a previous employer shall
notify the health care facility and correct the inaccurate
information.
Sec. 254.054. USE OF INFORMATION; CONFIDENTIALITY. (a)
Information provided to a health care facility under Section
254.052 or 254.053 is:
(1) for the exclusive use of the facility in making
employment decisions; and
(2) privileged and does not waive any confidentiality
requirements regarding the information otherwise provided by law.
(b) Except as provided by this chapter, a health care
facility may not disclose to any person information received under
Section 254.052 or 254.053.
Sec. 254.055. NOTICE CONCERNING ACCURACY OF INFORMATION. A
health care facility that determines the information received under
Section 254.052 or 254.053 is a contraindication to employment
shall notify the health care practitioner of that determination.
Sec. 254.056. OPPORTUNITY TO BE HEARD ON AGENCY
INFORMATION. A state health care regulatory agency that issues a
license, certificate, or registration to a health care practitioner
who receives notice under Section 254.055 shall:
(1) give the practitioner the opportunity to be heard
concerning the accuracy of the information provided by the agency
to the health care facility; and
(2) notify the facility if inaccurate information is
discovered.
Sec. 254.057. IMMUNITY FROM CIVIL LIABILITY. A health care
facility, a previous employer of a health care practitioner, or an
officer or employee of a facility or employer is not subject to
civil liability for information provided in good faith in
accordance with this chapter.
SECTION 2. Subtitle A, Title 3, Occupations Code, is
amended by adding Chapter 111 to read as follows:
CHAPTER 111. EXCEPTION TO CONFIDENTIALITY
Sec. 111.001. HEALTH CARE PRACTITIONER INFORMATION.
Information required by Chapter 254, Health and Safety Code, and
used as provided by that chapter is a limited exception to the
confidentiality requirements established under this code.
SECTION 3. This Act applies only to a health care
practitioner employed by a health care facility on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.