|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to abnormal skin growth education for certain occupational |
|
license holders and to the liability of those license holders and |
|
their employers for certain medical referrals. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter D, Chapter 201, Occupations Code, is |
|
amended by adding Section 201.165 to read as follows: |
|
Sec. 201.165. COURSEWORK IN ABNORMAL SKIN GROWTH. (a) The |
|
board by rule shall approve coursework in abnormal skin growth for |
|
purposes of Section 201.357. |
|
(b) Coursework approved under Subsection (a) must include |
|
training in identifying melanoma. |
|
(c) An entity approved by the board to provide coursework |
|
under Subsection (a) shall issue a certificate of completion to |
|
each individual who successfully completes the coursework. |
|
SECTION 2. Subchapter H, Chapter 201, Occupations Code, is |
|
amended by adding Section 201.357 to read as follows: |
|
Sec. 201.357. COMPLETION OF ABNORMAL SKIN GROWTH COURSEWORK |
|
REQUIRED. (a) Except as provided by Subsection (b), the board may |
|
not issue an initial or renewal license to a person under this |
|
chapter unless the person completes a course approved by the board |
|
under Section 201.165 in abnormal skin growth education, including |
|
training on identifying melanoma. Each applicant for issuance or, |
|
if applicable, renewal of a license must provide proof of |
|
completion of the course. |
|
(b) A person who satisfies the requirements of Subsection |
|
(a) is not required to complete additional coursework described by |
|
that subsection for the subsequent renewal of that person's |
|
license. |
|
SECTION 3. Subchapter J, Chapter 201, Occupations Code, is |
|
amended by adding Section 201.454 to read as follows: |
|
Sec. 201.454. REFERRAL TO MEDICAL PROFESSIONAL REGARDING |
|
ABNORMAL SKIN GROWTH; LICENSE HOLDER AND EMPLOYER LIABILITY. (a) A |
|
person licensed under this chapter who has completed coursework |
|
approved by the board under Section 201.165 may refer an individual |
|
to seek care from a medical professional regarding an abnormal skin |
|
growth. |
|
(b) A person licensed under this chapter who has completed |
|
coursework approved by the board under Section 201.165 or the |
|
person's employer may not be civilly or criminally liable for |
|
acting in good faith or for failing to act on information obtained |
|
during the course of practicing the person's profession or acting |
|
within the scope of the person's employment concerning potential |
|
abnormal skin growths. |
|
(c) This section may not be construed to create a cause of |
|
action or civil liability or to require or authorize a person |
|
licensed under this chapter to practice medicine or otherwise |
|
practice outside of the license holder's scope of practice. |
|
SECTION 4. Subchapter B, Chapter 455, Occupations Code, is |
|
amended by adding Section 455.060 to read as follows: |
|
Sec. 455.060. COURSEWORK IN ABNORMAL SKIN GROWTH. (a) The |
|
commission by rule shall approve coursework in abnormal skin growth |
|
for purposes of Section 455.162. |
|
(b) Coursework approved under Subsection (a) must include |
|
training in identifying melanoma. |
|
(c) An entity approved by the commission to provide |
|
coursework under Subsection (a) shall issue a certificate of |
|
completion to each individual who successfully completes the |
|
coursework. |
|
SECTION 5. Subchapter D, Chapter 455, Occupations Code, is |
|
amended by adding Section 455.162 to read as follows: |
|
Sec. 455.162. COMPLETION OF ABNORMAL SKIN GROWTH COURSEWORK |
|
REQUIRED. (a) Except as provided by Subsection (b), the commission |
|
may not issue an initial or renewal license to a person under this |
|
chapter unless the person completes a course approved by the |
|
commission under Section 455.060 in abnormal skin growth education, |
|
including training on identifying melanoma. Each applicant for |
|
issuance or, if applicable, renewal of a license must provide proof |
|
of completion of the course. |
|
(b) A person who satisfies the requirements of Subsection |
|
(a) is not required to complete additional coursework described by |
|
that subsection for the subsequent renewal of that person's |
|
license. |
|
SECTION 6. Subchapter E, Chapter 455, Occupations Code, is |
|
amended by adding Section 455.208 to read as follows: |
|
Sec. 455.208. REFERRAL TO MEDICAL PROFESSIONAL REGARDING |
|
ABNORMAL SKIN GROWTH; LICENSE HOLDER AND EMPLOYER LIABILITY. (a) A |
|
person licensed under this chapter who has completed coursework |
|
approved by the commission under Section 455.060 may refer an |
|
individual to seek care from a medical professional regarding an |
|
abnormal skin growth. |
|
(b) A person licensed under this chapter who has completed |
|
coursework approved by the commission under Section 455.060 or the |
|
person's employer may not be civilly or criminally liable for |
|
acting in good faith or for failing to act on information obtained |
|
during the course of practicing the person's profession or acting |
|
within the scope of the person's employment concerning potential |
|
abnormal skin growths. |
|
(c) This section may not be construed to create a cause of |
|
action or civil liability or to require or authorize a person |
|
licensed under this chapter to practice medicine or otherwise |
|
practice outside of the license holder's scope of practice. |
|
SECTION 7. Subchapter C, Chapter 1603, Occupations Code, is |
|
amended by adding Section 1603.107 to read as follows: |
|
Sec. 1603.107. COURSEWORK IN ABNORMAL SKIN GROWTH. (a) The |
|
commission by rule shall approve coursework in abnormal skin growth |
|
for purposes of Section 1603.2110. |
|
(b) Coursework approved under Subsection (a) must include |
|
training in identifying melanoma. |
|
(c) An entity approved by the commission to provide |
|
coursework under Subsection (a) shall issue a certificate of |
|
completion to each individual who successfully completes the |
|
coursework. |
|
SECTION 8. Subchapter E-1, Chapter 1603, Occupations Code, |
|
is amended by adding Sections 1603.2110 and 1603.2111 to read as |
|
follows: |
|
Sec. 1603.2110. COMPLETION OF ABNORMAL SKIN GROWTH |
|
COURSEWORK REQUIRED. (a) Except as provided by Subsection (b), the |
|
commission may not issue an initial or renewal individual |
|
practitioner license to a person under this chapter unless the |
|
person completes a course approved by the commission under Section |
|
1603.107 in abnormal skin growth education, including training on |
|
identifying melanoma. Each applicant for issuance or, if |
|
applicable, renewal of a license must provide proof of completion |
|
of the course. |
|
(b) A person who satisfies the requirements of Subsection |
|
(a) is not required to complete additional coursework described by |
|
that subsection for the subsequent renewal of that person's |
|
license. |
|
Sec. 1603.2111. REFERRAL TO MEDICAL PROFESSIONAL REGARDING |
|
ABNORMAL SKIN GROWTH; LICENSE HOLDER AND EMPLOYER LIABILITY. (a) A |
|
person licensed under this chapter who has completed coursework |
|
approved by the commission under Section 1603.107 may refer an |
|
individual to seek care from a medical professional regarding an |
|
abnormal skin growth. |
|
(b) A person licensed under this chapter who has completed |
|
coursework approved by the commission under Section 1603.107 or the |
|
person's employer may not be civilly or criminally liable for |
|
acting in good faith or for failing to act on information obtained |
|
during the course of practicing the person's profession or acting |
|
within the scope of the person's employment concerning potential |
|
abnormal skin growths. |
|
(c) This section may not be construed to create a cause of |
|
action or civil liability or to require or authorize a person |
|
licensed under this chapter to practice medicine or otherwise |
|
practice outside of the license holder's scope of practice. |
|
SECTION 9. Not later than December 1, 2025, the Texas Board |
|
of Chiropractic Examiners and the Texas Commission of Licensing and |
|
Regulation shall adopt the rules necessary to implement this Act. |
|
SECTION 10. Sections 201.357, 455.162, and 1603.2110, |
|
Occupations Code, as added by this Act, apply only to the issuance |
|
of a license for which an application was submitted on or after |
|
June 1, 2026, or to the renewal of a license that expires on or after |
|
that date. The issuance of a license for which an application was |
|
submitted before June 1, 2026, or the renewal of a license that |
|
expires before that date is governed by the law in effect on the |
|
date the application was submitted or the license expired, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 11. This Act takes effect September 1, 2025. |