88R20547 SCP-F
 
  By: Johnson of Dallas, Price, Smith, H.B. No. 1998
      A. Johnson of Harris
 
  Substitute the following for H.B. No. 1998:
 
  By:  Klick C.S.H.B. No. 1998
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of physicians and the disciplinary
  authority of the Texas Medical Board; increasing a criminal
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 154.006, Occupations Code, is amended by
  adding Subsections (m) and (n) to read as follows:
         (m)  The board shall run a continuous query on the National
  Practitioner Data Bank and, not later than the 10th working day
  after the date any new information is found, update a physician's
  profile to:
               (1)  include any new report or correction to a report of
  disciplinary action against the physician; and 
               (2)  remove any report of disciplinary action against
  the physician that has been dismissed or otherwise voided.
         (n)  Information included in a physician's profile under
  Subsection (m) may not include any patient identifying information
  or information that may reasonably be used to identify any person or
  entity other than the physician.
         SECTION 2.  Section 154.056(e), Occupations Code, is amended
  to read as follows:
         (e)  The board by rule shall provide for an expert physician
  panel appointed by the board to assist with complaints and
  investigations relating to medical competency by acting as expert
  physician reviewers. Each member of the expert physician panel must
  be licensed to practice medicine in a member [this] state, as
  defined by Section 171.002. The rules adopted under this subsection
  must include provisions governing the composition of the panel,
  qualifications for membership on the panel, length of time a member
  may serve on the panel, grounds for removal from the panel, the
  avoidance of conflicts of interest, including situations in which
  the affected physician and the panel member live or work in the same
  geographical area or are competitors, and the duties to be
  performed by the panel. The board's rules governing grounds for
  removal from the panel must include providing for the removal of a
  panel member who is repeatedly delinquent in reviewing complaints
  and in submitting reports to the board. The board's rules governing
  appointment of expert physician panel members to act as expert
  physician reviewers must include a requirement that the board
  randomly select, to the extent permitted by Section 154.058(b) and
  the conflict of interest provisions adopted under this subsection,
  panel members to review a complaint who are:
               (1)  licensed to practice medicine in this state; or
               (2)  licensed to practice medicine in a member state,
  as defined by Section 171.002, if there are no panel members
  licensed to practice medicine in this state available to review the
  complaint in a timely manner.
         SECTION 3.  Section 154.0561, Occupations Code, is amended
  by adding Subsection (a-1) and amending Subsection (b) to read as
  follows:
         (a-1)  Except as provided by Subsections (b) and (c), the
  report issued under Subsection (a) constitutes the final report.
         (b)  If the complaint reviewed under Subsection (a) alleges a
  violation that resulted in serious injury or death or if the
  physician reviewing the complaint under Subsection (a) determines
  that the applicable standard of care was violated, a [A] second
  expert physician reviewer shall review the first physician's
  preliminary report and other information associated with the
  complaint. The second expert physician may issue a second written
  report with the findings of the review.  If the second expert
  physician agrees with the first expert physician, the first
  physician shall issue a final written report on the matter.
         SECTION 4.  Section 155.003(e), Occupations Code, is amended
  to read as follows:
         (e)  An applicant is not eligible for a license if:
               (1)  the applicant holds a medical license that is
  currently restricted for cause, canceled for cause, or suspended
  for cause[, or revoked] by a state, a province of Canada, or a
  uniformed service of the United States;
               (2)  an investigation or a proceeding is instituted
  against the applicant for the restriction, cancellation,
  suspension, or revocation in a state, a province of Canada, or a
  uniformed service of the United States; [or]
               (3)  a prosecution is pending against the applicant in
  any state, federal, or Canadian court for any offense that under the
  laws of this state is a felony or a misdemeanor that involves moral
  turpitude; or
               (4)  the applicant held a license to practice medicine
  that has been revoked by the licensing authority in another state or
  a province of Canada for a reason that would be grounds for the
  board to revoke a license to practice medicine in this state.
         SECTION 5.  Section 155.008(a), Occupations Code, is amended
  to read as follows:
         (a)  The board shall [may] submit to the Department of Public
  Safety a complete set of fingerprints of each license applicant,
  and the department shall classify and check the fingerprints
  against those in the department's fingerprint records. The
  department shall certify to the board its findings regarding the
  criminal record of the applicant or the applicant's lack of a
  criminal record.
         SECTION 6.  Subchapter A, Chapter 156, Occupations Code, is
  amended by adding Section 156.0015 to read as follows:
         Sec. 156.0015.  CRIMINAL RECORD CHECK. (a) In addition to
  the information required by Section 156.001, a license holder
  shall submit to the board with the registration permit renewal
  application a complete set of fingerprints. The board shall submit
  to the Department of Public Safety each set of fingerprints
  received under this section for the purpose of completing the
  criminal record check described by Section 155.008. 
         (b)  The board may suspend or refuse to renew the
  registration of a license holder who fails to submit a complete set
  of fingerprints under this section. 
         (c)  This section does not apply to a license holder who
  previously submitted a complete set of fingerprints:
               (1)  as part of an application for a license; or
               (2)  as part of a previous application to renew a
  registration permit under this section.
         SECTION 7.  Section 160.002(a), Occupations Code, is amended
  to read as follows:
         (a)  A medical peer review committee or health care entity
  shall report in writing to the board the results and circumstances
  of a medical peer review that:
               (1)  adversely affects the clinical privileges of a
  physician for a period longer than 14 [30] days;
               (2)  accepts a physician's surrender of clinical
  privileges either:
                     (A)  while the physician is under an investigation
  by the medical peer review committee relating to possible
  incompetence or improper professional conduct; or
                     (B)  in return for not conducting an investigation
  or proceeding relating to possible incompetence or improper
  professional conduct; or
               (3)  adversely affects the membership of a physician in
  a professional society or association, if the medical peer review
  is conducted by that society or association.
         SECTION 8.  Section 164.051, Occupations Code, is amended by
  amending Subsections (a) and (d) and adding Subsection (e) to read
  as follows:
         (a)  The board may refuse to admit a person to its
  examination or refuse to issue a license to practice medicine and
  may take disciplinary action against a person if the person:
               (1)  commits an act prohibited under Section 164.052;
               (2)  is convicted of, or is placed on deferred
  adjudication community supervision or deferred disposition for:
                     (A)  a felony; or
                     (B)  a misdemeanor involving moral turpitude;
               (3)  commits or attempts to commit a direct or indirect
  violation of a rule adopted under this subtitle, either as a
  principal, accessory, or accomplice;
               (4)  is unable to practice medicine with reasonable
  skill and safety to patients because of:
                     (A)  illness;
                     (B)  drunkenness;
                     (C)  excessive use of drugs, narcotics,
  chemicals, or another substance; or
                     (D)  a mental or physical condition;
               (5)  is found by a court judgment to be of unsound mind;
               (6)  fails to practice medicine in an acceptable
  professional manner consistent with public health and welfare;
               (7)  is removed, suspended, or is subject to
  disciplinary action taken by the person's peers in a local,
  regional, state, or national professional medical association or
  society, or is disciplined by a licensed hospital or medical staff
  of a hospital, including removal, suspension, limitation of
  hospital privileges, or other disciplinary action, if the board
  finds that the action:
                     (A)  was based on unprofessional conduct or
  professional incompetence that was likely to harm the public; and
                     (B)  was appropriate and reasonably supported by
  evidence submitted to the board;
               (8)  is subject to repeated or recurring meritorious
  health care liability claims that in the board's opinion evidence
  professional incompetence likely to injure the public; or
               (9)  except as provided by Subsections [Subsection] (d)
  and (e), holds a license to practice medicine subject to
  disciplinary action by another state, or subject to disciplinary
  action by the uniformed services of the United States, based on acts
  by the person that are prohibited under Section 164.052 or are
  similar to acts described by this subsection.
         (d)  The board shall refuse to issue a license under this
  subtitle if the applicant held a license to practice medicine in
  another state that has been revoked by the licensing authority in
  that state for a reason that would be grounds for the board to
  revoke a license to practice medicine in this state.
         (e)  The board shall revoke a license issued under this
  subtitle if the license holder, while holding the license under
  this subtitle, held a license to practice medicine in another state
  that has been revoked by the licensing authority in that state for a
  reason that would be grounds for the board to revoke a license to
  practice medicine in this state.
         SECTION 9.  Section 164.0595(a), Occupations Code, is
  amended to read as follows:
         (a)  A disciplinary panel appointed under Section 164.059
  may suspend or restrict the license of a person arrested for an
  offense under:
               (1)  Chapter 19 [Section 22.011(a)(2)], Penal Code
  (criminal homicide) [(sexual assault of a child)];
               (2)  Chapter 20A [Section 22.021(a)(1)(B)], Penal Code
  (trafficking of persons) [(aggravated sexual assault of a child)];
  or
               (3)  Chapter 21 or 22 [Section 21.02], Penal Code
  (sexual or assaultive offenses), if the offense is:
                     (A)  sexual, lewd, or indecent in nature;
                     (B)  not a misdemeanor punishable by fine only;
  and
                     (C)  committed against:
                           (i)  a patient of the license holder;
                           (ii)  a child;
                           (iii)  an elderly individual [(continuous
  sexual abuse of young child or disabled individual)]; or
                           (iv)  an individual with a disability [(4)
  Section 21.11, Penal Code (indecency with a child)].
         SECTION 10.  Section 165.154, Occupations Code, is amended
  to read as follows:
         Sec. 165.154.  FALSE STATEMENT [TAMPERING WITH GOVERNMENTAL
  RECORD]; OFFENSE [PERJURY OFFENSES].  (a)  A person commits an
  offense if the person knowingly makes a false statement:
               (1)  in the person's application for a license; or
               (2)  under oath to obtain a license or to secure the
  registration of a license to practice medicine.
         (b)  An offense under this section is a Class A misdemeanor
  unless the actor's intent is to defraud or harm another, in which
  event the offense is a state jail felony [:
               [(1)  constitutes tampering with a governmental record
  or perjury as provided by the Penal Code; and
               [(2)  shall be punished on conviction as provided by
  that code].
         SECTION 11.  Section 156.0015, Occupations Code, as added by
  this Act, applies only to an application to renew a registration
  submitted on or after the effective date of this Act. An
  application submitted before the effective date of this Act is
  governed by the law in effect on the date the application was
  submitted, and the former law is continued in effect for that
  purpose.
         SECTION 12.  Section 165.154, Occupations Code, as amended
  by this Act, applies only to an offense committed on or after the
  effective date of this Act.  An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose.  For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense occurred before that date.
         SECTION 13.  This Act takes effect September 1, 2023.