Bill Text: TX HB1899 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the revocation or denial of certain health care professional licenses and the reporting of the grounds for revocation or denial.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1899 Detail]
Download: Texas-2019-HB1899-Introduced.html
Bill Title: Relating to the revocation or denial of certain health care professional licenses and the reporting of the grounds for revocation or denial.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB1899 Detail]
Download: Texas-2019-HB1899-Introduced.html
86R2432 JCG-D | ||
By: Bonnen of Galveston | H.B. No. 1899 |
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relating to the revocation or denial of certain health care | ||
professional licenses and the reporting of the grounds for | ||
revocation or denial. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.01, Code of Criminal Procedure, is | ||
amended by adding Section 14 to read as follows: | ||
Sec. 14. In addition to the information described by | ||
Section 1, the judgment must reflect affirmative findings entered | ||
pursuant to Article 42.0175. | ||
SECTION 2. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0175 to read as follows: | ||
Art. 42.0175. FINDING REGARDING CERTAIN HEALTH CARE | ||
PROFESSIONALS; NOTIFICATION. (a) In this article, "health care | ||
professional," "license," and "licensing authority" have the | ||
meanings assigned by Section 108.051, Occupations Code. | ||
(b) In the trial of an offense, the judge shall make an | ||
affirmative finding of fact and enter the affirmative finding in | ||
the judgment in the case if the judge determines that at the time of | ||
the offense the defendant held a license as a health care | ||
professional and the offense is: | ||
(1) an offense for which the defendant is required to | ||
register as a sex offender under Chapter 62; | ||
(2) a felony offense and the defendant used force or | ||
threat of force in the commission of the offense; or | ||
(3) an offense under Section 22.011, 22.02, 22.021, or | ||
22.04, Penal Code, and: | ||
(A) the victim of the offense was a patient of the | ||
defendant; and | ||
(B) the offense was committed in the course of | ||
providing services within the scope of the defendant's license. | ||
(c) Not later than the fifth day after the date the | ||
defendant is convicted or granted deferred adjudication on the | ||
basis of an offense described by Subsection (b)(1), (2), or (3), the | ||
clerk of the court in which the conviction or deferred adjudication | ||
is entered shall provide written notice of the conviction or | ||
deferred adjudication, including the offense on which the | ||
conviction or deferred adjudication was based, to: | ||
(1) the licensing authority that issued the | ||
defendant's license as a health care professional; and | ||
(2) the Department of Public Safety. | ||
SECTION 3. Article 62.005(e), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(e) The department shall provide a licensing authority with | ||
notice of any person required to register under this chapter who | ||
holds or seeks a license that is issued by the authority. The | ||
department shall provide the notice required by this subsection as | ||
the applicable licensing information becomes available through | ||
notification by a court clerk under Article 42.0175, a parole panel | ||
under Section 508.1864, Government Code, or the person's | ||
registration or verification of registration. | ||
SECTION 4. Subchapter F, Chapter 508, Government Code, is | ||
amended by adding Section 508.1864 to read as follows: | ||
Sec. 508.1864. NOTIFICATION TO DEPARTMENT OF PUBLIC SAFETY | ||
AND LICENSING AUTHORITY. (a) In this section, "health care | ||
professional," "license," and "licensing authority" have the | ||
meanings assigned by Section 108.051, Occupations Code. | ||
(b) A parole panel that knows an inmate holds or has | ||
submitted an application for a license as a health care | ||
professional shall immediately notify the Department of Public | ||
Safety and the applicable licensing authority if the parole panel | ||
requires the inmate as a condition of release on parole or to | ||
mandatory supervision to register as a sex offender under Chapter | ||
62, Code of Criminal Procedure. | ||
SECTION 5. The heading to Chapter 108, Occupations Code, is | ||
amended to read as follows: | ||
CHAPTER 108. LICENSE SUSPENSION OR REVOCATION REQUIRED [ |
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SECTION 6. Chapter 108, Occupations Code, is amended by | ||
designating Sections 108.001 through 108.003 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. SUSPENSION OR REVOCATION OF PHYSICIAN LICENSE FOR | ||
CERTAIN DRUG FELONY CONVICTIONS | ||
SECTION 7. Section 108.001, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 108.001. DEFINITION. In this subchapter [ |
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"board" means the Texas [ |
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SECTION 8. Chapter 108, Occupations Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. AUTOMATIC DENIAL OR REVOCATION OF HEALTH CARE | ||
PROFESSIONAL LICENSE | ||
Sec. 108.051. DEFINITIONS. In this subchapter: | ||
(1) "Health care professional" means: | ||
(A) a dentist licensed under Subtitle D; | ||
(B) a dental hygienist licensed under Chapter | ||
262; | ||
(C) a hearing instrument fitter and dispenser | ||
licensed under Chapter 402; | ||
(D) a nurse, including an advanced practice | ||
registered nurse, licensed under Chapter 301; | ||
(E) an occupational therapist licensed under | ||
Chapter 454; | ||
(F) an optometrist or therapeutic optometrist | ||
licensed under Chapter 351; | ||
(G) a pharmacist licensed under Subtitle J; | ||
(H) a physical therapist licensed under Chapter | ||
453; | ||
(I) a physician licensed under Subtitle B; | ||
(J) a physician assistant licensed under Chapter | ||
204; | ||
(K) a podiatrist licensed under Chapter 202; | ||
(L) a psychologist licensed under Chapter 501; | ||
(M) a social worker licensed under Chapter 505; | ||
and | ||
(N) a speech-language pathologist or audiologist | ||
licensed under Chapter 401. | ||
(2) "License" means a license, certificate, | ||
registration, permit, or other authorization that: | ||
(A) is issued by a licensing authority; and | ||
(B) a person must obtain to practice or engage in | ||
a particular business, occupation, or profession. | ||
(3) "Licensing authority" means a department, | ||
commission, board, office, or other agency of this state that | ||
issues a license. | ||
(4) "Reportable conviction or adjudication" has the | ||
meaning assigned by Article 62.001(5), Code of Criminal Procedure. | ||
Sec. 108.052. DENIAL OF LICENSE. A licensing authority | ||
shall deny an application for a license as a health care | ||
professional for an applicant who: | ||
(1) has a reportable conviction or adjudication; | ||
(2) is required to register as a sex offender under | ||
Chapter 62, Code of Criminal Procedure, as a condition of release on | ||
parole or to mandatory supervision; | ||
(3) has been previously convicted of or placed on | ||
deferred adjudication community supervision for the commission of a | ||
felony offense involving the use or threat of force; or | ||
(4) has been previously convicted of or placed on | ||
deferred adjudication community supervision for the commission of | ||
an offense: | ||
(A) under Section 22.011, 22.02, 22.021, or | ||
22.04, Penal Code, or an offense under the laws of another state or | ||
federal law that is equivalent to an offense under one of those | ||
sections; | ||
(B) committed: | ||
(i) when the applicant held a license as a | ||
health care professional in this state or another state; and | ||
(ii) in the course of providing services | ||
within the scope of the applicant's license; and | ||
(C) in which the victim of the offense was a | ||
patient of the applicant. | ||
Sec. 108.053. REVOCATION OF LICENSE. (a) The license of a | ||
health care professional is revoked if the health care professional | ||
is: | ||
(1) convicted or placed on deferred adjudication | ||
community supervision for an offense: | ||
(A) for which registration as a sex offender is | ||
required under Chapter 62, Code of Criminal Procedure; or | ||
(B) described by Section 108.052(3) or (4); or | ||
(2) required to register as a sex offender under | ||
Chapter 62, Code of Criminal Procedure, as a condition of release on | ||
parole or to mandatory supervision. | ||
(b) The licensing authority shall revoke a license and | ||
update the authority's records to reflect the revocation under | ||
Subsection (a) immediately on receiving notification: | ||
(1) by a court under Article 42.0175, Code of Criminal | ||
Procedure, that the court made a finding under that article; or | ||
(2) by a parole panel under Section 508.1864, | ||
Government Code, that the license holder is required to register as | ||
a sex offender under Chapter 62, Code of Criminal Procedure, as a | ||
condition of release on parole or to mandatory supervision. | ||
Sec. 108.054. NO APPEAL. A person whose license | ||
application is denied or whose license is revoked under this | ||
subchapter: | ||
(1) is not entitled to a hearing regarding the denial | ||
or revocation; | ||
(2) may not be granted a hearing by the licensing | ||
authority regarding the denial or revocation; | ||
(3) may not appeal the denial or revocation to the | ||
licensing authority; and | ||
(4) notwithstanding Section 53.052, is not entitled to | ||
judicial review of the denial or revocation and may not file an | ||
action in a court requesting judicial review. | ||
Sec. 108.055. REAPPLICATION. A person whose license | ||
application is denied under this subchapter may reapply for the | ||
license if the conviction, deferred adjudication, or condition of | ||
release on parole or to mandatory supervision that is the basis for | ||
the license denial is reversed, set aside, or vacated on appeal. | ||
Sec. 108.056. REINSTATEMENT. A person whose license is | ||
revoked under this subchapter may apply for reinstatement of the | ||
license with the appropriate licensing authority if the conviction, | ||
deferred adjudication, or condition of release on parole or to | ||
mandatory supervision that is the basis for the license revocation | ||
is reversed, set aside, or vacated on appeal. | ||
SECTION 9. Section 14, Article 42.01, Code of Criminal | ||
Procedure, and Article 42.0175, Code of Criminal Procedure, as | ||
added by this Act, apply only to a judgment of conviction entered on | ||
or after the effective date of this Act. | ||
SECTION 10. Section 508.1864, Government Code, as added by | ||
this Act, applies only to a person who is released on parole or to | ||
mandatory supervision on or after the effective date of this Act. A | ||
person who is released on parole or to mandatory supervision before | ||
the effective date of this Act is governed by the law in effect at | ||
the time of release, and the former law is continued in effect for | ||
that purpose. | ||
SECTION 11. Section 108.052, Occupations Code, as added by | ||
this Act, applies only to an application for a license as a health | ||
care professional, as defined by Section 108.051, Occupations Code, | ||
as added by this Act, pending on or submitted on or after the | ||
effective date of this Act. | ||
SECTION 12. This Act takes effect September 1, 2019. |