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A BILL TO BE ENTITLED
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AN ACT
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relating to the Texas Physician Health Program and the regulation |
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of certain occupations by the Texas Medical Board; expanding the |
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applicability of surcharges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 153, Occupations Code, is |
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amended by adding Section 153.017 to read as follows: |
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Sec. 153.017. CONTINUOUS QUERIES OF NATIONAL PRACTITIONER |
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DATA BANK FOR ALL OCCUPATIONS REGULATED BY BOARD. (a) In this |
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section, "license" means a license, certificate, registration, |
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permit, or other authorization issued by the board under this title |
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allowing an individual to engage in an occupation regulated by the |
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board. |
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(b) The board shall run a continuous query on the National |
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Practitioner Data Bank with respect to each individual who holds a |
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license and for whom the National Practitioner Data Bank contains |
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relevant information. |
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SECTION 2. Section 153.051(d), Occupations Code, is amended |
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to read as follows: |
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(d) The board may not set, charge, collect, receive, or |
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deposit any of the following fees in excess of: |
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(1) $900 for a license; |
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(2) $400 for a first registration permit; |
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(3) $200 for a temporary license; |
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(4) $400 for renewal of a registration permit; |
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(5) $200 for a physician-in-training permit; |
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(6) $600 for the processing of an application and the |
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issuance of a registration for anesthesia in an outpatient setting; |
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(7) $200 for an endorsement to other state medical |
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boards; |
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(8) $200 for a duplicate license; |
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(9) $700 for a reinstated license after cancellation |
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for cause; or |
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(10) $15 for a surcharge under Section 167.014 |
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[153.053] to administer the Texas Physician Health Program[, due at |
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the time of license issuance and registration permit renewal]. |
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SECTION 3. Section 153.055, Occupations Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) In this section, "license" has the meaning assigned by |
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Section 153.017. |
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(a-1) The board shall set and collect an additional |
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surcharge to cover the cost of administering a continuous query on |
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the National Practitioner Data Bank as required by Section 153.017 |
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[154.006(m)]. The surcharge shall be collected from each |
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individual who holds a license [holder] for: |
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(1) issuance of a first registration permit under this |
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subtitle; [and] |
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(2) renewal of a registration permit under this |
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subtitle; and |
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(3) issuance or renewal of a license. |
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SECTION 4. Section 154.006(m), Occupations Code, is amended |
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to read as follows: |
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(m) Not [The board shall run a continuous query on the |
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National Practitioner Data Bank and, not] later than the 10th |
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working day after the date the board finds any new information |
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resulting from a query on the National Practitioner Data Bank under |
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Section 153.017 with respect to a physician [is found], the board |
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shall update a physician's profile to: |
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(1) include any new report or correction to a report of |
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disciplinary action against the physician; and |
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(2) remove any report of disciplinary action against |
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the physician that has been dismissed or otherwise voided. |
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SECTION 5. Section 167.001(6), Occupations Code, is amended |
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to read as follows: |
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(6) "Program participant" means an individual [a |
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physician or physician assistant] who receives services under the |
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program. |
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SECTION 6. Chapter 167, Occupations Code, is amended by |
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adding Section 167.0015 to read as follows: |
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Sec. 167.0015. APPLICABILITY; MANNER OF PARTICIPATION. (a) |
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Notwithstanding any other provision of this chapter: |
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(1) the program is a confidential, nondisciplinary |
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therapeutic program for any individual who holds a license, |
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certificate, registration, permit, or other authorization issued |
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by the board allowing the individual to engage in an occupation |
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regulated by the board; and |
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(2) the program shall accept a self-referral from an |
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individual described by Subdivision (1). |
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(b) Notwithstanding any other provision of this chapter, |
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other than Sections 167.009 and 167.0091, the board or an |
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appropriate advisory board or committee may make a referral to the |
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program and require participation in the program as a prerequisite |
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for issuing or maintaining a license, certificate, registration, |
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permit, or other authorization issued by the board allowing the |
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individual to engage in an occupation regulated by the board. |
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SECTION 7. Section 153.053, Occupations Code, is |
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redesignated as Section 167.014, Occupations Code, and amended to |
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read as follows: |
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Sec. 167.014 [153.053]. SURCHARGE TO ADMINISTER TEXAS |
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PHYSICIAN HEALTH PROGRAM. (a) The board shall collect an |
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additional surcharge not to exceed $15 for each of the following |
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fees: |
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(1) first license, certificate, registration, permit, |
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or other form of authorization allowing an individual to engage in |
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an occupation regulated by the board; and |
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(2) renewal of a form of authorization described by |
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Subdivision (1) [registration permit]. |
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(b) The board shall deposit each surcharge collected under |
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this section to the credit of the Texas physician health program |
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account. The Texas physician health program account is a special |
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account in the general revenue fund. Money in the special account |
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shall be appropriated only to the board to pay for administration of |
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the Texas Physician Health Program under this chapter [Chapter |
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167], including paying for an initial evaluation by the program's |
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medical director or the director's designee. Money in the special |
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account may not be used to pay for program participant costs |
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incurred for monitoring or for a program participant's own medical |
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costs, including any further required evaluations, primary |
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treatment, or continuing care. |
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SECTION 8. (a) Not later than December 1, 2025, the Texas |
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Medical Board shall adopt rules to implement the changes in law made |
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by this Act. |
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(b) Section 153.055, Occupations Code, as amended by this |
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Act, and Section 167.014, Occupations Code, as redesignated and |
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amended by this Act, apply only to an application for the issuance |
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or renewal of a license, certificate, registration, permit, or |
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other authorization submitted on or after December 1, 2025. An |
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application submitted before December 1, 2025, is governed by the |
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law in effect immediately before the effective date of this Act, and |
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that former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2025. |
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