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A BILL TO BE ENTITLED
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AN ACT
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relating to the summary suspension of a nursing license in |
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connection with a fraudulently or unlawfully obtained diploma, |
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license, or other document. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.454(a), Occupations Code, is amended |
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to read as follows: |
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(a) Except in the case of a temporary suspension authorized |
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under Section 301.455, [or] 301.4551, or 301.4552, or an action |
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taken in accordance with an agreement between the board and a |
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license holder, the board may not take any disciplinary action |
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relating to a license unless: |
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(1) the board has served notice to the license holder |
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of the facts or conduct alleged to warrant the intended action; and |
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(2) the license holder has been given an opportunity, |
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in writing or through an informal meeting, to show compliance with |
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all requirements of law for the retention of the license. |
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SECTION 2. Subchapter J, Chapter 301, Occupations Code, is |
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amended by adding Section 301.4552 to read as follows: |
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Sec. 301.4552. SUMMARY SUSPENSION FOR CERTAIN VIOLATIONS |
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INVOLVING FRAUDULENT CONDUCT. (a) Notwithstanding any other law, |
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on a showing of probable cause that the holder of a license issued |
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under this chapter has violated Section 301.451(1), (2), or (3), |
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the board may issue an order suspending the license without notice. |
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A showing of probable cause that an individual has violated Section |
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301.451(1), (2), or (3) constitutes a continuing and imminent |
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threat to the public welfare. |
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(b) On the issuance of a summary suspension order under this |
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section, the board shall serve notice of the suspension, including |
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the basis for the suspension, personally or by certified mail, on |
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the individual whose license is suspended at the individual's last |
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known address on file with the board. Service is complete when the |
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board personally serves the individual or sends the notice. |
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(c) An individual whose license is suspended under this |
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section may request a hearing to be held by the State Office of |
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Administrative Hearings. A hearing requested under this section |
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must be held not later than the 90th day after the date the order of |
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suspension was issued. If a hearing is not requested under this |
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subsection on or before the 20th business day after the date the |
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suspension order was issued, the right to a hearing is waived and |
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the license shall remain suspended. |
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(d) In a hearing under this section, the State Office of |
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Administrative Hearings shall consider whether evidence exists to |
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support a finding that the individual violated Section 301.451(1), |
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(2), or (3). The individual shall have the opportunity to rebut the |
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evidence that provided the basis for the summary suspension. The |
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individual has the burden of proving by a preponderance of the |
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evidence that the license was lawfully obtained if the individual |
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submitted, as part of the individual's application, a transcript, |
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diploma, or other document required for licensure that was issued |
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or purportedly issued by an entity that has been implicated in a |
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scheme of fraud relating to the issuance of transcripts, diplomas, |
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or similar documents. |
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(e) If the State Office of Administrative Hearings makes a |
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finding in a hearing under this section that an individual violated |
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Section 301.451(1), (2), or (3), the board shall issue an order |
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revoking the individual's license. If the State Office of |
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Administrative Hearings makes a finding in a hearing under this |
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section that an individual did not violate Section 301.451(1), (2), |
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or (3), the board shall immediately issue an order to reinstate the |
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individual's license. |
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(f) An individual whose license is revoked under Subsection |
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(e) may not apply for a license under this chapter until: |
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(1) the first anniversary of the date of issuance of |
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the order revoking the license under Subsection (e); and |
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(2) the applicant provides evidence of completion of a |
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nursing education program that meets the requirements of Section |
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301.157 and board rules adopted under that section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |