Bill Text: TX HB2324 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the regulation of certain health professionals and health facilities; providing civil and administrative penalties; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-09 - Referred to Public Health [HB2324 Detail]
Download: Texas-2023-HB2324-Introduced.html
88R2262 JCG-F | ||
By: Allison | H.B. No. 2324 |
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relating to the regulation of certain health professionals and | ||
health facilities; providing civil and administrative penalties; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 241.009, Health and Safety Code, is | ||
amended by amending Subsections (b) and (c) and adding Subsection | ||
(d) to read as follows: | ||
(b) A hospital licensed under this chapter shall adopt a | ||
policy requiring a health care provider providing direct patient | ||
care at the hospital to wear a photo identification badge during all | ||
patient encounters, unless precluded by adopted isolation or | ||
sterilization protocols. The badge must be of sufficient size and | ||
worn in a manner to be visible and must clearly state: | ||
(1) at minimum the provider's first or last name; | ||
(2) the department of the hospital with which the | ||
provider is associated; | ||
(3) only the type of license held by the provider as | ||
prescribed by Subsection (c), if the provider holds a license under | ||
Title 3, Occupations Code; and | ||
(4) if applicable, the provider's status as a student, | ||
intern, trainee, or resident. | ||
(c) For purposes of Subsection (b)(3), the identification | ||
badge of a health care provider licensed under Title 3, Occupations | ||
Code, must clearly state only the following designations for which | ||
the health care provider holds a license: | ||
(1) "physician," if the provider holds a license under | ||
Subtitle B of that title; | ||
(2) "chiropractor," "podiatrist," "midwife," | ||
"physician assistant," "acupuncturist," or "surgical assistant," | ||
as applicable, if the provider holds a license under Subtitle C of | ||
that title; | ||
(3) "dentist" or "dental hygienist," as applicable, if | ||
the provider holds a license under Subtitle D of that title; | ||
(4) "licensed vocational nurse," "registered nurse," | ||
"advanced practice registered nurse [ |
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midwife," "certified registered nurse anesthetist," or "clinical | ||
nurse specialist," as applicable, if the provider holds a license | ||
under Subtitle E of that title; | ||
(5) "optometrist," or "therapeutic optometrist," as | ||
applicable, if the provider holds a license under Subtitle F of that | ||
title; | ||
(6) "speech-language pathologist," [ |
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"audiologist," "hearing instrument fitter and dispenser," | ||
"licensed dyslexia practitioner," or "licensed dyslexia | ||
therapist," as applicable, if the provider holds a license under | ||
Subtitle G of that title; | ||
(7) "athletic trainer," "physical therapist," | ||
"occupational therapist," or "massage therapist," as applicable, | ||
if the provider holds a license under Subtitle H of that title; | ||
(8) "medical radiologic technologist," "medical | ||
physicist," "perfusionist," "respiratory care practitioner," | ||
"orthotist," or "prosthetist," as applicable, if the provider holds | ||
a license or certificate, as appropriate, under Subtitle K of that | ||
title; and | ||
(9) "dietitian," if the provider holds a license under | ||
Subtitle M of that title. | ||
(d) For purposes of Subsection (b)(4), a person may not use | ||
the title "resident" unless the person is a graduate of a medical | ||
school and receiving graduate medical training. | ||
SECTION 2. Section 241.0585, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 241.0585. RECOVERY OF COSTS. If the attorney general | ||
brings an action to collect a civil penalty authorized under or to | ||
enforce an administrative penalty assessed under this subchapter | ||
[ |
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the attorney general may recover reasonable expenses incurred in | ||
the investigation, initiation, or prosecution of the enforcement | ||
suit, including investigative costs, court costs, reasonable | ||
attorney fees, witness fees, and deposition expenses. | ||
SECTION 3. Section 241.059(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) In determining the amount of the penalty, the department | ||
shall consider: | ||
(1) the hospital's previous violations; | ||
(2) the seriousness of the violation; | ||
(3) any threat to the health, safety, or rights of the | ||
hospital's patients; | ||
(4) the demonstrated good faith of the hospital; | ||
(5) the amount necessary to deter a future violation; | ||
(6) the efforts to correct the violation; and | ||
(7) [ |
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SECTION 4. Subchapter D, Chapter 254, Health and Safety | ||
Code, is amended by adding Section 254.161 to read as follows: | ||
Sec. 254.161. PHOTO IDENTIFICATION BADGE REQUIRED. A | ||
facility shall adopt a policy requiring a health care provider, as | ||
defined by Section 241.009(a), providing direct patient care at the | ||
facility to wear a photo identification badge in the manner and | ||
containing the information required by Section 241.009. | ||
SECTION 5. Section 254.206(d), Health and Safety Code, is | ||
amended to read as follows: | ||
(d) If the person does not pay the penalty and the | ||
enforcement of the penalty is not stayed, the penalty may be | ||
collected. The attorney general may sue to collect the penalty. | ||
The attorney general may recover reasonable expenses incurred in | ||
the investigation, initiation, or prosecution of the enforcement | ||
suit, including investigative costs, court costs, reasonable | ||
attorney's fees, witness fees, and deposition expenses. | ||
SECTION 6. Subchapter E, Chapter 254, Health and Safety | ||
Code, is amended by adding Section 254.208 to read as follows: | ||
Sec. 254.208. CIVIL PENALTY: PHOTO IDENTIFICATION | ||
REQUIREMENT. (a) A facility that violates Section 254.161 is | ||
liable to the state for a civil penalty not to exceed $1,000 for | ||
each day the violation continues. | ||
(b) The attorney general, a district or county attorney, or | ||
a municipal attorney may sue to collect the penalty and may recover | ||
reasonable expenses incurred in obtaining relief under this | ||
section, including court costs, reasonable attorney's fees, | ||
investigation costs, witness fees, and deposition expenses. | ||
SECTION 7. The heading to Subchapter E, Chapter 101, | ||
Occupations Code, is amended to read as follows: | ||
SUBCHAPTER E. CERTAIN PRACTICES RELATED TO ADVERTISING AND BILLING | ||
PROHIBITED [ |
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SECTION 8. Section 101.201, Occupations Code, is amended by | ||
amending Subsection (b) and adding Subsections (c) and (d) to read | ||
as follows: | ||
(b) False, misleading, or deceptive advertising or | ||
advertising not readily subject to verification includes | ||
advertising that: | ||
(1) makes a material misrepresentation of fact or | ||
omits a fact necessary to make the statement as a whole not | ||
materially misleading; | ||
(2) makes a representation likely to create an | ||
unjustified expectation about the results of a health care service | ||
or procedure; | ||
(3) compares a health care professional's services | ||
with another health care professional's services unless the | ||
comparison can be factually substantiated; | ||
(4) contains a testimonial; | ||
(5) causes confusion or misunderstanding as to the | ||
credentials, education, or licensing of a health care professional, | ||
including using a title, term, or other words that misstate, | ||
falsely describe, falsely hold out, or falsely detail the health | ||
care professional's: | ||
(A) professional skills; | ||
(B) training; | ||
(C) expertise; | ||
(D) educational degree; | ||
(E) specialty certification; or | ||
(F) licensure; | ||
(6) represents that health care insurance deductibles | ||
or copayments may be waived or are not applicable to health care | ||
services to be provided if the deductibles or copayments are | ||
required; | ||
(7) represents that the benefits of a health benefit | ||
plan will be accepted as full payment when deductibles or | ||
copayments are required; | ||
(8) makes a representation that is designed to take | ||
advantage of the fears or emotions of a particularly susceptible | ||
type of patient; or | ||
(9) represents in the use of a professional name a | ||
title or professional identification that is associated with | ||
another profession and the health care professional is not licensed | ||
or otherwise authorized to practice that profession [ |
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(c) For purposes of this section, advertising that does not | ||
include the name of the health care professional and the | ||
professional identification required by Section 104.003 is | ||
considered false, misleading, deceptive, or not readily subject to | ||
verification. | ||
(d) In this section, "advertising" includes: | ||
(1) any printed, electronic, or oral statement, with | ||
respect to the provision of health care services by a health care | ||
professional: | ||
(A) that is communicated or disseminated to the | ||
public; | ||
(B) that: | ||
(i) is intended to encourage a person to use | ||
the professional's services; or | ||
(ii) for a commercial purpose, names the | ||
professional in connection with the practice, profession, or | ||
institution in which the professional provides health care | ||
services; and | ||
(C) the preparation, communication, or | ||
dissemination of which is controlled by the professional or a group | ||
to which the professional is affiliated; and | ||
(2) any communication or statement not described by | ||
Subdivision (1) but that is used in the regular course of the | ||
professional's business for the purpose of promoting the | ||
professional's services to the public, including: | ||
(A) business cards; | ||
(B) letterhead; | ||
(C) signs; | ||
(D) pamphlets; | ||
(E) brochures; | ||
(F) e-mails and any other communication or | ||
statement transmitted through the internet; or | ||
(G) audio or video communications, including | ||
television or radio advertisements. | ||
SECTION 9. Section 104.003, Occupations Code, is amended by | ||
amending Subsections (b) and (c) and adding Subsection (h) to read | ||
as follows: | ||
(b) A person who is licensed by the Texas Medical [ |
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Board [ |
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shall use: | ||
(1) physician or surgeon, M.D.; | ||
(2) doctor, M.D.; [ |
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(3) doctor of medicine, M.D.; or | ||
(4) a designation indicating that the person is | ||
certified or eligible for certification, as applicable, by a | ||
certifying board of the American Board of Medical Specialties or a | ||
successor organization. | ||
(c) A person who is licensed by the Texas Medical [ |
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Board [ |
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degree shall use: | ||
(1) physician or surgeon, D.O.; | ||
(2) osteopathic physician or surgeon; | ||
(3) doctor, D.O.; | ||
(4) doctor of osteopathy; | ||
(5) doctor of osteopathic medicine; | ||
(6) osteopath; [ |
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(7) D.O.; or | ||
(8) a designation indicating that the person is | ||
certified or eligible for certification, as applicable, by a | ||
certifying board of the American Osteopathic Association or a | ||
successor organization. | ||
(h) Unless another provision of this title specifies | ||
another designation, the person shall use only the following | ||
designations for each healing art the person is licensed to | ||
practice: | ||
(1) "midwife," "physician assistant," | ||
"acupuncturist," or "surgical assistant," as applicable, if the | ||
person holds a license under Subtitle C; | ||
(2) "dental hygienist," if the person holds a license | ||
to practice dental hygiene issued under Chapter 256; | ||
(3) "licensed vocational nurse," "registered nurse," | ||
"advanced practice registered nurse," "nurse midwife," "certified | ||
registered nurse anesthetist," or "clinical nurse specialist," as | ||
applicable, if the person holds a license under Subtitle E; | ||
(4) "speech-language pathologist," "audiologist," | ||
"hearing instrument fitter and dispenser," "licensed dyslexia | ||
practitioner," or "licensed dyslexia therapist," as applicable, if | ||
the person holds a license under Subtitle G; | ||
(5) "athletic trainer," "physical therapist," | ||
"occupational therapist," or "massage therapist," as applicable, | ||
if the person holds a license under Subtitle H; | ||
(6) "psychologist," "psychological associate," | ||
"marriage and family therapist," "marriage and family therapist | ||
associate," "professional counselor," "counselor," "chemical | ||
dependency counselor," "social worker," "behavioral analyst," or | ||
"assistant behavioral analyst," as applicable, if the person holds | ||
a license under Subtitle I; | ||
(7) "medical radiologic technologist," "medical | ||
physicist," "perfusionist," "respiratory care practitioner," | ||
"orthotist," or "prosthetist," as applicable, if the person holds a | ||
license or certificate, as appropriate, under Subtitle K; and | ||
(8) "dietitian," if the person holds a license under | ||
Chapter 701. | ||
SECTION 10. Chapter 104, Occupations Code, is amended by | ||
adding Section 104.0035 to read as follows: | ||
Sec. 104.0035. FALSE AND DECEPTIVE ADVERTISING. A healing | ||
art practitioner may not use advertising that is false, misleading, | ||
or deceptive, or not readily subject to verification as provided by | ||
Section 101.201. | ||
SECTION 11. Section 104.005(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) On the request of a healing art licensing board that | ||
issues a license, certificate, or other authorization described by | ||
[ |
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file and prosecute appropriate judicial proceedings in the name of | ||
the state against a person who violates Section 104.003. | ||
SECTION 12. The heading to Section 104.007, Occupations | ||
Code, is amended to read as follows: | ||
Sec. 104.007. CRIMINAL PENALTIES. | ||
SECTION 13. Chapter 104, Occupations Code, is amended by | ||
adding Section 104.008 to read as follows: | ||
Sec. 104.008. ADMINISTRATIVE PENALTY. (a) A healing art | ||
licensing board that issues a license, certificate, or other | ||
authorization described by Section 104.003, may impose an | ||
administrative penalty on a person who: | ||
(1) holds a license, certificate, or other | ||
authorization issued by the healing art licensing board; and | ||
(2) violates this chapter. | ||
(b) The amount of an administrative penalty may not exceed | ||
$1,000 for each violation. Each day a violation continues or occurs | ||
is a separate violation for purposes of imposing a penalty. | ||
(c) A proceeding to impose an administrative penalty under | ||
this section is subject to Chapter 2001, Government Code. | ||
SECTION 14. Section 165.156, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 165.156. MISREPRESENTATION REGARDING ENTITLEMENT TO | ||
PRACTICE MEDICINE. A person, partnership, trust, association, or | ||
corporation commits an offense if the person, partnership, trust, | ||
association, or corporation, through the use of any title, | ||
abbreviation, description of services, designation, letters, | ||
words, or terms, alone or in combination with any other title, | ||
affixed on stationery or on advertisements, or in any other manner, | ||
including oral or written communications, indicates or induces | ||
another to believe that the person, partnership, trust, | ||
association, or corporation is entitled to practice medicine if the | ||
person, partnership, trust, association, or corporation is not | ||
licensed to do so. | ||
SECTION 15. Subchapter D, Chapter 165, Occupations Code, is | ||
amended by adding Section 165.1565 to read as follows: | ||
Sec. 165.1565. USE OF TITLE. (a) In this section, "medical | ||
or medical specialty title" means: | ||
(1) "doctor of medicine" or "M.D."; | ||
(2) "doctor of osteopathy" or "D.O."; | ||
(3) "physician"; | ||
(4) "surgeon"; | ||
(5) "osteopathic physician"; | ||
(6) "osteopathic surgeon"; | ||
(7) "doctor"; | ||
(8) "anesthesiologist"; | ||
(9) "cardiologist"; | ||
(10) "dermatologist"; | ||
(11) "endocrinologist"; | ||
(12) "gastroenterologist"; | ||
(13) "general practitioner"; | ||
(14) "gynecologist"; | ||
(15) "hematologist"; | ||
(16) "intensivist"; | ||
(17) "internist"; | ||
(18) "laryngologist"; | ||
(19) "nephrologist"; | ||
(20) "neurologist"; | ||
(21) "obstetrician"; | ||
(22) "oncologist"; | ||
(23) "ophthalmologist"; | ||
(24) "orthopedic surgeon"; | ||
(25) "orthopedist"; | ||
(26) "osteopath"; | ||
(27) "otologist"; | ||
(28) "otolaryngologist"; | ||
(29) "otorhinolaryngologist"; | ||
(30) "pathologist"; | ||
(31) "pediatrician"; | ||
(32) "primary care physician"; | ||
(33) "proctologist"; | ||
(34) "psychiatrist"; | ||
(35) "radiologist"; | ||
(36) "resident"; | ||
(37) "rheumatologist"; | ||
(38) "rhinologist"; or | ||
(39) "urologist". | ||
(b) Except as provided by Section 104.004, a person who is | ||
not licensed to practice medicine by the board may not: | ||
(1) use or publicly display a medical or medical | ||
specialty title in connection with the person's name either alone | ||
or in combination with another word or title; or | ||
(2) indicate or induce another to believe that the | ||
person is an attending doctor or attending physician. | ||
SECTION 16. Section 204.203, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 204.203. IDENTIFICATION REQUIREMENTS. A physician | ||
assistant shall: | ||
(1) keep the physician assistant's license available | ||
for inspection at the physician assistant's primary place of | ||
business; and | ||
(2) when engaged in the physician assistant's | ||
professional activities, wear a name tag identifying the license | ||
holder as a physician assistant by title or the initials "P.A.". | ||
SECTION 17. Subchapter E, Chapter 204, Occupations Code, is | ||
amended by adding Section 204.2035 to read as follows: | ||
Sec. 204.2035. FALSE AND DECEPTIVE ADVERTISING. A | ||
physician assistant may not use advertising that is false, | ||
misleading, deceptive, or not readily subject to verification as | ||
provided by Section 101.201. | ||
SECTION 18. Sections 301.351(a), (b), and (c), Occupations | ||
Code, are amended to read as follows: | ||
(a) A person who holds a license [ |
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under this chapter[ |
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[ |
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(1) a registered nurse or [ |
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[ |
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(2) a licensed vocational nurse or "L.V.N."; | ||
(3) an advanced practice registered nurse or | ||
"A.P.R.N."; | ||
(4) a nurse practitioner or "N.P."; | ||
(5) a nurse midwife; | ||
(6) a certified registered nurse anesthetist or | ||
"C.R.N.A."; or | ||
(7) a clinical nurse specialist or "C.N.S.". | ||
(b) A person who holds a license [ |
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under this chapter may not use the title "doctor" unless the person | ||
also holds a license issued by the Texas Medical Board under | ||
Subtitle B, as provided by Section 165.1565. [ |
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[ |
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[ |
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(c) While interacting with the public in a nursing role, | ||
each nurse shall wear a clearly legible insignia identifying the | ||
nurse in accordance with Subsection (a) [ |
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than: | ||
(1) the appropriate [ |
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designation; | ||
(2) the nurse's name, certifications, academic | ||
degrees, or practice position; | ||
(3) the name of the employing facility or agency, or | ||
other employer; | ||
(4) a picture of the nurse; or | ||
(5) any other information authorized by the board. | ||
SECTION 19. Subchapter H, Chapter 301, Occupations Code, is | ||
amended by adding Section 301.3515 to read as follows: | ||
Sec. 301.3515. FALSE AND DECEPTIVE ADVERTISING. A nurse | ||
may not use advertising that is false, misleading, deceptive, or | ||
not readily subject to verification as provided by Section 101.201. | ||
SECTION 20. Subchapter L, Chapter 301, Occupations Code, is | ||
amended by adding Section 301.5545 to read as follows: | ||
Sec. 301.5545. CRIMINAL PENALTY: CERTAIN TITLES FOR NURSING | ||
EDUCATION PROGRAMS PROHIBITED. (a) A person who provides a nursing | ||
education program approved under Section 301.157 or Section 301.303 | ||
commits an offense if the person uses the term "residency" or | ||
"fellowship" in the name of that program. | ||
(b) An offense under this section is a Class A misdemeanor. | ||
SECTION 21. The changes in law made by this Act apply only | ||
to conduct that occurs on or after the effective date of this Act. | ||
Conduct that occurs before that date is governed by the law in | ||
effect on the date the conduct occurred, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 22. This Act takes effect September 1, 2023. |