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A BILL TO BE ENTITLED
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AN ACT
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relating to the expunction of the record of certain disciplinary |
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actions against 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. This chapter applies only to |
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licensing entities and health care professionals under Chapters |
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401, 453, and 454 and Subtitles B, C, D, E, F, J, and K. |
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Sec. 116.003. HEALTH CARE PROFESSIONAL'S RECORD. (a) A |
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licensing entity shall expunge a disciplinary action from a medical |
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professional's record with the licensing entity if: |
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(1) the medical professional applies to the licensing |
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entity for expunction; |
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(2) the disciplinary action is the only disciplinary |
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action the medical professional has been the subject of; |
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(3) the disciplinary action was an administrative |
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violation not causing harm to a patient; and |
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(4) the disciplinary action occurred at least five |
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years before the date the medical professional applied for |
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expunction. |
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(b) Each licensing entity by rule shall provide the |
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procedure for a medical professional to apply for an expunction |
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under this section. |
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SECTION 2. As soon as practicable after the effective date |
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of this Act, a licensing entity subject to Chapter 116, Occupations |
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Code, as added by this Act, shall adopt rules necessary to implement |
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Section 116.003, Occupations Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2015. |