Bill Text: TX SB513 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the verification of the accuracy of an application for a license to practice medicine in this state.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-17 - Referred to Health & Human Services [SB513 Detail]
Download: Texas-2023-SB513-Introduced.html
| 88R6241 SCP-D | ||
| By: Hall | S.B. No. 513 | |
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| relating to the verification of the accuracy of an application for a | ||
| license to practice medicine in this state. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter B, Chapter 152, Occupations Code, is | ||
| amended by adding Section 152.060 to read as follows: | ||
| Sec. 152.060. CIVIL LIABILITY OF EXECUTIVE DIRECTOR FOR | ||
| FAILURE TO VERIFY APPLICATION INFORMATION. (a) The executive | ||
| director is liable to a claimant, including a decedent's estate, | ||
| who has been harmed by a physician who holds a license to practice | ||
| medicine in this state if: | ||
| (1) the executive director failed to verify that the | ||
| physician was eligible for the license as required by Section | ||
| 155.007(a-1); | ||
| (2) verifying the eligibility of the physician would | ||
| have revealed that the physician was ineligible for the license for | ||
| a reason described by Section 155.003(e); | ||
| (3) the conduct that caused the harm by the physician | ||
| in this state: | ||
| (A) constitutes grounds for a health care | ||
| liability claim under Chapter 74, Civil Practice and Remedies Code; | ||
| and | ||
| (B) involved the same type of conduct for which | ||
| the physician was ineligible for the license; | ||
| (4) the failure to verify demonstrated gross | ||
| negligence or intentional misconduct; and | ||
| (5) as a result of the failure to verify, the physician | ||
| was issued the license. | ||
| (b) A claimant may recover economic damages as defined by | ||
| Section 41.001, Civil Practice and Remedies Code, and court costs | ||
| in an action brought under this section. | ||
| (c) The executive director may not assert official immunity | ||
| or other forms of immunity as a defense in an action described by | ||
| Subsection (a). | ||
| SECTION 2. Section 155.007, Occupations Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) The executive director shall, before making a | ||
| determination of eligibility for purposes of Subsection (a), | ||
| verify that the applicant is not ineligible for the license by: | ||
| (1) reviewing the report by the National Practitioner | ||
| Data Bank or Healthcare Integrity and Protection Data Bank | ||
| regarding the disciplinary history of the applicant; | ||
| (2) for an applicant who holds or previously held a | ||
| medical license in another state, obtaining verification from the | ||
| licensing authority in that state that the applicant has not been | ||
| subject to an investigation, restriction, suspension, revocation, | ||
| or other disciplinary action by the licensing authority; and | ||
| (3) taking any other actions necessary to verify the | ||
| accuracy of the information contained in the application. | ||
| SECTION 3. (a) Section 152.060, Occupations Code, as added | ||
| by this Act, applies only to a cause of action that accrues on or | ||
| after the effective date of this Act. | ||
| (b) Section 155.007(a-1), Occupations Code, as added by | ||
| this Act, applies only to an application for a license under | ||
| Subtitle B, Title 3, Occupations Code, that is submitted on or after | ||
| the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
