Guillen Continuing Education Bill Lets Boards Keep Paid Vendor Contracts

The text as introduced · 719 words

89R4295 BEE-F

By: Guillen
H.B. No. 1838

A BILL TO BE ENTITLED

AN ACT

relating to the verification of health care practitioner continuing

education compliance through the establishment of continuing

education tracking systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 112.002, Occupations Code, is

transferred to Subchapter B, Chapter 112, Occupations Code,

redesignated as Section 112.0501, Occupations Code, and amended to

read as follows:

Sec. 112.0501 [ 112.002 ]. APPLICABILITY. This subchapter

[ chapter ] applies only to licensing entities and health care

practitioners under Chapters 401, 453, and 454 and Subtitles B, C,

D, E, F, and K.

SECTION 2. Chapter 112, Occupations Code, is amended by

adding Subchapter C to read as follows:

SUBCHAPTER C. CONTINUING EDUCATION REQUIREMENTS

Sec. 112.101. DEFINITIONS. In this subchapter:

(1) "Continuing education course" means a course,

clinic, forum, lecture, program, or seminar that an individual must

complete in order to maintain or renew a license.

(2) "Continuing education provider" means a person

that a licensing entity authorizes or approves to offer continuing

education courses.

(3) "Continuing education tracking system" means an

electronic system a licensing entity establishes as required by

Section 112.104.

(4) "License" means a form of authorization a

licensing entity issues, including a license, certificate,

registration, or permit, that an individual must obtain to engage

in a particular business, occupation, or profession.

Sec. 112.102. APPLICABILITY. (a) Except as provided by

Subsection (b), this subchapter applies only to a licensing entity

that issues a license to a health care practitioner under this

title.

(b) This subchapter does not apply to Subtitle L.

Sec. 112.103. CONTINUING EDUCATION COMPLIANCE REQUIRED FOR

LICENSE RENEWAL. (a) Notwithstanding any other law, a licensing

entity may not renew a health care practitioner's license unless

the licensing entity verifies that the health care practitioner has

complied with any continuing education requirements of the

licensing entity.

(b) Verification of a health care practitioner's compliance

with continuing education requirements that the continuing

education tracking system generates:

(1) satisfies the requirement of Subsection (a); and

(2) must be used in the conduct of any audit of health

care practitioners the licensing entity conducts.

(c) This section does not prohibit a licensing entity from

imposing penalties under applicable statutes or rules for a health

care practitioner's failure to comply with continuing education

requirements.

Sec. 112.104. CONTINUING EDUCATION TRACKING SYSTEM. (a)

Each licensing entity by rule shall establish a continuing

education tracking system for use by and accessible to health care

practitioners, licensing entity staff, and continuing education

providers.

(b) A continuing education tracking system established

under this subchapter may not require any licensing entity

expenditure.

Sec. 112.105. DATA AND SYSTEMS REQUIREMENTS. (a) A

continuing education tracking system may collect and use only:

(1) information that directly relates to a health care

practitioner's compliance with continuing education requirements,

including:

(A) the name in which the health care

practitioner's license is issued;

(B) the health care practitioner's license

number;

(C) the license issue date;

(D) the license expiration date; and

(E) any other information disclosed to the public

in response to a license verification request; and

(2) other information the licensing entity designates

by rule as necessary for the system's performance of a function

required by this subchapter.

(b) A continuing education tracking system established

under Section 112.104 must:

(1) if the continuing education tracking system is a

cloud-based system, be certified under the state risk and

authorization management program established under Section

2054.0593, Government Code; and

(2) comply with the Americans with Disabilities Act of

1990 (42 U.S.C. Section 12101 et seq.).

Sec. 112.106. RULEMAKING. A licensing entity shall adopt

rules necessary to implement this subchapter.

SECTION 3. Not later than September 1, 2026, each licensing

entity shall establish a continuing education tracking system as

required by Section 112.104, Occupations Code, as added by this

Act.

SECTION 4. Notwithstanding Section 112.104(b), Occupations

Code, as added by this Act, a licensing entity subject to that

section that on the effective date of this Act has an agreement in

place with a continuing education tracking system provider that is

able to implement the requirements of Subchapter C, Chapter 112,

Occupations Code, as added by this Act, may maintain that agreement

and any costs associated with implementation of the agreement.

SECTION 5. This Act takes effect September 1, 2025.