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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a pilot program on deferred |
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disciplinary action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 301, Occupations Code, is |
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amended by adding Section 301.1607 to read as follows: |
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Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL |
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DISCIPLINARY ACTION. (a) In this section, "deferred disciplinary |
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action" means a final disciplinary action against a person licensed |
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or regulated under this chapter that is deferred by the board as |
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provided by this section. |
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(b) Not later than February 1, 2010, the board shall |
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determine the feasibility of conducting a pilot program designed to |
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evaluate the efficacy and effect on the public's protection of |
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board deferral of disciplinary action against a person licensed or |
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regulated under this chapter in cases in which the board proposes to |
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impose a sanction other than a reprimand or a denial, suspension, or |
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revocation of a license. If the board determines the pilot program |
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is feasible, the board shall develop and implement the pilot |
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program not later than February 1, 2011. The pilot program must |
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conclude not later than January 1, 2014. |
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(c) The pilot program may not include cases in which the |
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board proposes to issue a reprimand or to deny, suspend, or revoke a |
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license. |
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(d) During the time the pilot program is implemented and for |
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any action or complaint for which the board proposes to impose a |
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sanction other than a reprimand or a denial, suspension, or |
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revocation of a license, the board may: |
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(1) defer final disciplinary action the board has |
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proposed against a person licensed or regulated under this chapter |
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if the person conforms to conditions imposed by the board, |
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including any condition the board could impose as a condition of |
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probation under Section 301.468; and |
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(2) if the person successfully meets the imposed |
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conditions, dismiss the complaint. |
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(e) Except as otherwise provided by this subsection, a |
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deferred disciplinary action by the board under the pilot program |
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is not confidential and is subject to disclosure in accordance with |
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Chapter 552, Government Code. If the person successfully meets the |
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conditions imposed by the board in deferring final disciplinary |
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action and the board dismisses the action or complaint, the |
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deferred disciplinary action of the board is confidential to the |
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same extent as a complaint filed under Section 301.466. |
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(f) The board may contract with a third party to evaluate |
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the pilot program established under this section. |
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(g) The board shall appoint an advisory committee to assist |
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the board in overseeing the pilot program and its evaluation. The |
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committee must include representatives of public advocacy |
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organizations. |
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(h) This section expires September 1, 2014. |
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SECTION 2. This Act takes effect September 1, 2009. |