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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of the accuracy of an application for a |
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license to practice medicine in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 152, Occupations Code, is |
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amended by adding Section 152.060 to read as follows: |
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Sec. 152.060. CIVIL LIABILITY OF EXECUTIVE DIRECTOR FOR |
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FAILURE TO VERIFY APPLICATION INFORMATION. (a) The executive |
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director is liable to a claimant, including a decedent's estate, |
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who has been harmed by a physician who holds a license to practice |
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medicine in this state if: |
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(1) the executive director failed to verify that the |
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physician was eligible for the license as required by Section |
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155.007(a-1); |
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(2) verifying the eligibility of the physician would |
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have revealed that the physician was ineligible for the license for |
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a reason described by Section 155.003(e); |
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(3) the conduct that caused the harm by the physician |
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in this state: |
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(A) constitutes grounds for a health care |
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liability claim under Chapter 74, Civil Practice and Remedies Code; |
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and |
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(B) involved the same type of conduct for which |
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the physician was ineligible for the license; |
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(4) the failure to verify demonstrated gross |
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negligence or intentional misconduct; and |
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(5) as a result of the failure to verify, the physician |
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was issued the license. |
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(b) A claimant may recover economic damages as defined by |
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Section 41.001, Civil Practice and Remedies Code, and court costs |
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in an action brought under this section. |
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(c) The executive director may not assert official immunity |
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or other forms of immunity as a defense in an action described by |
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Subsection (a). |
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SECTION 2. Section 155.007, Occupations Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The executive director shall, before making a |
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determination of eligibility for purposes of Subsection (a), |
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verify that the applicant is not ineligible for the license by: |
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(1) reviewing the report by the National Practitioner |
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Data Bank or Healthcare Integrity and Protection Data Bank |
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regarding the disciplinary history of the applicant; |
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(2) for an applicant who holds or previously held a |
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medical license in another state, obtaining verification from the |
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licensing authority in that state that the applicant has not been |
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subject to an investigation, restriction, suspension, revocation, |
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or other disciplinary action by the licensing authority; and |
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(3) taking any other actions necessary to verify the |
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accuracy of the information contained in the application. |
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SECTION 3. (a) Section 152.060, Occupations Code, as added |
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by this Act, applies only to a cause of action that accrues on or |
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after the effective date of this Act. |
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(b) Section 155.007(a-1), Occupations Code, as added by |
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this Act, applies only to an application for a license under |
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Subtitle B, Title 3, Occupations Code, that is submitted on or after |
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the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |