By: Blanco S.B. No. 2256
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the verification of health care practitioner continuing
  education compliance through the establishment of continuing
  education tracking systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 112.002, Occupations Code, is
  transferred to Subchapter B, Chapter 112, Occupations Code,
  redesignated as Section 112.0501, Occupations Code, and amended to
  read as follows:
         Sec. 112.0501  [112.002]. APPLICABILITY. This subchapter
  [chapter] applies only to licensing entities and health care
  practitioners under Chapters 401, 453, and 454 and Subtitles B, C,
  D, E, F, and K.
         SECTION 2.  Chapter 112, Occupations Code, is amended by
  adding Subchapter C to read as follows:
  SUBCHAPTER C.  CONTINUING EDUCATION REQUIREMENTS
         Sec. 112.101.  DEFINITIONS. In this subchapter:
               (1)  "Continuing education course" means a course,
  clinic, forum, lecture, program, or seminar that an individual must
  complete in order to maintain or renew a license.
               (2)  "Continuing education provider" means a person
  authorized or approved by a licensing entity to offer continuing
  education courses.
               (3)  "Continuing education tracking system" means an
  electronic system established by a licensing entity as required by
  Section 112.104.
               (4)  "License" means a license, certificate,
  registration, permit, or other form of authorization that:
                     (A)  is issued by a licensing entity; and
                     (B)  an individual must obtain to engage in a
  particular business, occupation, or profession.
         Sec. 112.102.  APPLICABILITY. (a)  Except as provided by
  Subsection (b), this subchapter applies only to a licensing entity
  that issues a license to a health care practitioner under this
  title.
         (b)  This subchapter does not apply to Subtitle L.
         Sec. 112.103.  CONTINUING EDUCATION COMPLIANCE REQUIRED FOR
  LICENSE RENEWAL. (a)  Notwithstanding any other law, a licensing
  entity may not renew a health care practitioner's license unless
  the licensing entity verifies that the health care practitioner has
  complied with any continuing education requirements of the
  licensing entity.
         (b)  Verification of a health care practitioner's compliance
  with continuing education requirements that is generated by the
  continuing education tracking system:
               (1)  satisfies the requirement of Subsection (a); and
               (2)  must be used in the conduct of any audit of health
  care practitioners conducted by the licensing entity.
         (c)  This section does not prohibit a licensing entity from
  imposing penalties under applicable statutes or rules for a health
  care practitioner's failure to comply with continuing education
  requirements.
         Sec. 112.104.  CONTINUING EDUCATION TRACKING SYSTEM.  (a)  
  Each licensing entity by rule shall establish a continuing
  education tracking system for use by and accessible to health care
  practitioners, licensing entity staff, and continuing education
  providers.
         (b)  A continuing education tracking system established
  under this subchapter may not require any expenditure by the
  licensing entity.
         Sec. 112.105.  DATA AND SYSTEMS REQUIREMENTS. (a)  A
  continuing education tracking system may collect and use only:
               (1)  information that directly relates to a health care
  practitioner's compliance with continuing education requirements,
  including:
                     (A)  the name in which the health care
  practitioner's license is issued;
                     (B)  the health care practitioner's license
  number;
                     (C)  the license issue date;
                     (D)  the license expiration date; and
                     (E)  any other information disclosed to the public
  in response to a license verification request; and
               (2)  other information designated by licensing entity
  rule as necessary for the system's performance of a function
  required by this subchapter.
         (b)  A continuing education tracking system established
  under Section 112.104 must:
               (1)  if the continuing education tracking system is a
  cloud-based system, be certified under the state risk and
  authorization management program established under Section
  2054.0593, Government Code; and
               (2)  comply with the Americans with Disabilities Act of
  1990 (42 U.S.C. Section 12101 et seq.).
         Sec. 112.106.  RULEMAKING. A licensing entity shall adopt
  rules necessary to implement this subchapter.
         SECTION 3.  Not later than September 1, 2024, each licensing
  entity shall establish a continuing education tracking system as
  required by Section 112.104, Occupations Code, as added by this
  Act.
         SECTION 4.  Notwithstanding Section 112.104(b), Occupations
  Code, as added by this Act, a licensing entity subject to that
  section that on the effective date of this Act has an agreement in
  place with a continuing education tracking system provider that is
  able to implement the requirements of Subchapter C, Chapter 112,
  Occupations Code, as added by this Act, may maintain that agreement
  and any costs associated with implementation of the agreement.
         SECTION 5.  This Act takes effect September 1, 2023.