Bill Text: TX SB2256 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the verification of health care practitioner continuing education compliance through the establishment of continuing education tracking systems.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2023-05-23 - Placed on General State Calendar [SB2256 Detail]
Download: Texas-2023-SB2256-Comm_Sub.html
By: Blanco | S.B. No. 2256 | |
(Bucy, Cook, Capriglione, Bell of Montgomery) | ||
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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 [ |
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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. |