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A BILL TO BE ENTITLED
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AN ACT
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relating to the records of certain disciplinary actions against |
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health care professionals. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 3, Occupations Code, is |
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amended by adding Chapter 116 to read as follows: |
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CHAPTER 116. DISCIPLINARY RECORD PROVISIONS APPLICABLE TO MULTIPLE |
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HEALTH CARE PROFESSIONALS |
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Sec. 116.001. DEFINITIONS. In this chapter: |
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(1) "Health care professional" means an individual |
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issued a license, certificate, registration, title, permit, or |
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other authorization to engage in a health care profession. |
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(2) "Licensing entity" means a department, |
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commission, board, office, authority, or other agency of the state |
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that regulates activities and persons under this title. |
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Sec. 116.002. APPLICABILITY. (a) This chapter applies |
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only to licensing entities and health care professionals under |
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Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, J, and K. |
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(b) This chapter does not limit a licensing entity's |
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authority with regard to records under other law. |
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Sec. 116.003. HEALTH CARE PROFESSIONAL'S RECORD. (a) A |
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licensing entity shall remove a disciplinary action from a health |
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care professional's record on the licensing entity's public website |
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if: |
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(1) the health care professional applies to the |
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licensing entity for removal; |
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(2) the disciplinary action is the only disciplinary |
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action the health care professional has been the subject of; |
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(3) the disciplinary action was an administrative, |
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clerical, or other minor violation not causing harm to a patient; |
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(4) the disciplinary action did not result in the |
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suspension or revocation of, or the probation of the suspension or |
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revocation of, the health care professional's license; |
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(5) the disciplinary action provides no indication |
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that continued practice by the health care professional may risk |
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harm to a patient; and |
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(6) the disciplinary action occurred at least five |
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years before the date the health care professional applied for |
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removal. |
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(b) The Health Professions Council shall: |
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(1) adopt policies and standards to promote |
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consistency in implementing this chapter; and |
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(2) provide those policies and standards to each |
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licensing entity. |
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(c) Information that is removed from a licensing entity's |
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public website under this section may not be disclosed to a member |
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of the public. The licensing entity may maintain the information in |
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the entity's records and may use the information only for a purpose |
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permitted under other law that does not conflict with this chapter. |
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(d) Each licensing entity by rule shall provide the |
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procedure for a health care professional to apply for the removal of |
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information under this section and may adopt other rules to |
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implement this chapter. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, the Health Professions Council shall adopt and provide |
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to the appropriate licensing entities the policies and standards |
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necessary to implement Chapter 116, Occupations Code, as added by |
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this Act. |
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SECTION 3. As soon as practicable after the date the Health |
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Professions Council adopts policies and standards under Section |
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116.003(b), Occupations Code, as added by this Act, a licensing |
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entity subject to Chapter 116, Occupations Code, as added by this |
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Act, shall adopt rules necessary to implement Section 116.003, |
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Occupations Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2015. |