Bill Text: TX HB4176 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the summary suspension of a nursing license in connection with a fraudulently or unlawfully obtained diploma, license, or other document.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4176 Detail]
Download: Texas-2023-HB4176-Comm_Sub.html
88R23427 BEE-F | |||
By: Howard | H.B. No. 4176 | ||
Substitute the following for H.B. No. 4176: | |||
By: Klick | C.S.H.B. No. 4176 |
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relating to the summary suspension of a nursing license in | ||
connection with a fraudulently or unlawfully obtained diploma, | ||
license, or other document. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 301.454(a), Occupations Code, is amended | ||
to read as follows: | ||
(a) Except in the case of a temporary suspension authorized | ||
under Section 301.455, [ |
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taken in accordance with an agreement between the board and a | ||
license holder, the board may not take any disciplinary action | ||
relating to a license unless: | ||
(1) the board has served notice to the license holder | ||
of the facts or conduct alleged to warrant the intended action; and | ||
(2) the license holder has been given an opportunity, | ||
in writing or through an informal meeting, to show compliance with | ||
all requirements of law for the retention of the license. | ||
SECTION 2. Subchapter J, Chapter 301, Occupations Code, is | ||
amended by adding Section 301.4552 to read as follows: | ||
Sec. 301.4552. SUMMARY SUSPENSION FOR CERTAIN VIOLATIONS | ||
INVOLVING FRAUDULENT CONDUCT. (a) Notwithstanding any other law, | ||
on a showing of probable cause that the holder of a license issued | ||
under this chapter has violated Section 301.451(1), (2), or (3), | ||
the board may issue an order suspending the license without notice. | ||
A showing of probable cause that an individual has violated Section | ||
301.451(1), (2), or (3) constitutes a continuing and imminent | ||
threat to the public welfare. | ||
(b) On the issuance of a summary suspension order under this | ||
section, the board shall serve notice of the suspension, including | ||
the basis for the suspension, personally or by certified mail, on | ||
the individual whose license is suspended at the individual's last | ||
known address on file with the board. Service is complete when the | ||
board personally serves the individual or sends the notice. | ||
(c) An individual whose license is suspended under this | ||
section may request a hearing to be held by the State Office of | ||
Administrative Hearings. A hearing requested under this section | ||
must be held not later than the 90th day after the date the order of | ||
suspension was issued. If a hearing is not requested under this | ||
subsection on or before the 20th business day after the date the | ||
suspension order was issued, the right to a hearing is waived and | ||
the license shall remain suspended. | ||
(d) In a hearing under this section, the State Office of | ||
Administrative Hearings shall consider whether evidence exists to | ||
support a finding that the individual violated Section 301.451(1), | ||
(2), or (3). The individual shall have the opportunity to rebut the | ||
evidence that provided the basis for the summary suspension. The | ||
individual has the burden of proving by a preponderance of the | ||
evidence that the license was lawfully obtained if the individual | ||
submitted, as part of the individual's application, a transcript, | ||
diploma, or other document required for licensure that was issued | ||
or purportedly issued by an entity that has been implicated in a | ||
scheme of fraud relating to the issuance of transcripts, diplomas, | ||
or similar documents. | ||
(e) If the State Office of Administrative Hearings makes a | ||
finding in a hearing under this section that an individual violated | ||
Section 301.451(1), (2), or (3), the board shall issue an order | ||
revoking the individual's license. If the State Office of | ||
Administrative Hearings makes a finding in a hearing under this | ||
section that an individual did not violate Section 301.451(1), (2), | ||
or (3), the board shall immediately issue an order to reinstate the | ||
individual's license. | ||
(f) An individual whose license is revoked under Subsection | ||
(e) may not apply for a license under this chapter until: | ||
(1) the first anniversary of the date of issuance of | ||
the order revoking the license under Subsection (e); and | ||
(2) the applicant provides evidence of completion of a | ||
nursing education program that meets the requirements of Section | ||
301.157 and board rules adopted under that section. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |