| |
| |
| |
|
|
AN ACT
|
|
|
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 [FOR CERTAIN
|
|
|
DRUG FELONY CONVICTIONS] |
|
|
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 [chapter], |
|
|
"board" means the Texas [State Board of] Medical Board [Examiners]. |
|
|
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: |
|
|