Referral Shield In Skin Growth Bill Covers Doing Nothing, Too

The text as introduced · 1,302 words

89R4981 DNC-D

By: Goodwin
H.B. No. 2676

A BILL TO BE ENTITLED

AN ACT

relating to abnormal skin growth education for certain occupational

license holders and to the liability of those license holders and

their employers for certain medical referrals.

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

SECTION 1. Subchapter D, Chapter 201, Occupations Code, is

amended by adding Section 201.165 to read as follows:

Sec. 201.165. COURSEWORK IN ABNORMAL SKIN GROWTH. (a) The

board by rule shall approve coursework in abnormal skin growth for

purposes of Section 201.357.

(b) Coursework approved under Subsection (a) must include

training in identifying melanoma.

(c) An entity approved by the board to provide coursework

under Subsection (a) shall issue a certificate of completion to

each individual who successfully completes the coursework.

SECTION 2. Subchapter H, Chapter 201, Occupations Code, is

amended by adding Section 201.357 to read as follows:

Sec. 201.357. COMPLETION OF ABNORMAL SKIN GROWTH COURSEWORK

REQUIRED. (a) Except as provided by Subsection (b), the board may

not issue an initial or renewal license to a person under this

chapter unless the person completes a course approved by the board

under Section 201.165 in abnormal skin growth education, including

training on identifying melanoma. Each applicant for issuance or,

if applicable, renewal of a license must provide proof of

completion of the course.

(b) A person who satisfies the requirements of Subsection

(a) is not required to complete additional coursework described by

that subsection for the subsequent renewal of that person's

license.

SECTION 3. Subchapter J, Chapter 201, Occupations Code, is

amended by adding Section 201.454 to read as follows:

Sec. 201.454. REFERRAL TO MEDICAL PROFESSIONAL REGARDING

ABNORMAL SKIN GROWTH; LICENSE HOLDER AND EMPLOYER LIABILITY. (a) A

person licensed under this chapter who has completed coursework

approved by the board under Section 201.165 may refer an individual

to seek care from a medical professional regarding an abnormal skin

growth.

(b) A person licensed under this chapter who has completed

coursework approved by the board under Section 201.165 or the

person's employer may not be civilly or criminally liable for

acting in good faith or for failing to act on information obtained

during the course of practicing the person's profession or acting

within the scope of the person's employment concerning potential

abnormal skin growths.

(c) This section may not be construed to create a cause of

action or civil liability or to require or authorize a person

licensed under this chapter to practice medicine or otherwise

practice outside of the license holder's scope of practice.

SECTION 4. Subchapter B, Chapter 455, Occupations Code, is

amended by adding Section 455.060 to read as follows:

Sec. 455.060. COURSEWORK IN ABNORMAL SKIN GROWTH. (a) The

commission by rule shall approve coursework in abnormal skin growth

for purposes of Section 455.162.

(b) Coursework approved under Subsection (a) must include

training in identifying melanoma.

(c) An entity approved by the commission to provide

coursework under Subsection (a) shall issue a certificate of

completion to each individual who successfully completes the

coursework.

SECTION 5. Subchapter D, Chapter 455, Occupations Code, is

amended by adding Section 455.162 to read as follows:

Sec. 455.162. COMPLETION OF ABNORMAL SKIN GROWTH COURSEWORK

REQUIRED. (a) Except as provided by Subsection (b), the commission

may not issue an initial or renewal license to a person under this

chapter unless the person completes a course approved by the

commission under Section 455.060 in abnormal skin growth education,

including training on identifying melanoma. Each applicant for

issuance or, if applicable, renewal of a license must provide proof

of completion of the course.

(b) A person who satisfies the requirements of Subsection

(a) is not required to complete additional coursework described by

that subsection for the subsequent renewal of that person's

license.

SECTION 6. Subchapter E, Chapter 455, Occupations Code, is

amended by adding Section 455.208 to read as follows:

Sec. 455.208. REFERRAL TO MEDICAL PROFESSIONAL REGARDING

ABNORMAL SKIN GROWTH; LICENSE HOLDER AND EMPLOYER LIABILITY. (a) A

person licensed under this chapter who has completed coursework

approved by the commission under Section 455.060 may refer an

individual to seek care from a medical professional regarding an

abnormal skin growth.

(b) A person licensed under this chapter who has completed

coursework approved by the commission under Section 455.060 or the

person's employer may not be civilly or criminally liable for

acting in good faith or for failing to act on information obtained

during the course of practicing the person's profession or acting

within the scope of the person's employment concerning potential

abnormal skin growths.

(c) This section may not be construed to create a cause of

action or civil liability or to require or authorize a person

licensed under this chapter to practice medicine or otherwise

practice outside of the license holder's scope of practice.

SECTION 7. Subchapter C, Chapter 1603, Occupations Code, is

amended by adding Section 1603.107 to read as follows:

Sec. 1603.107. COURSEWORK IN ABNORMAL SKIN GROWTH. (a) The

commission by rule shall approve coursework in abnormal skin growth

for purposes of Section 1603.2110.

(b) Coursework approved under Subsection (a) must include

training in identifying melanoma.

(c) An entity approved by the commission to provide

coursework under Subsection (a) shall issue a certificate of

completion to each individual who successfully completes the

coursework.

SECTION 8. Subchapter E-1, Chapter 1603, Occupations Code,

is amended by adding Sections 1603.2110 and 1603.2111 to read as

follows:

Sec. 1603.2110. COMPLETION OF ABNORMAL SKIN GROWTH

COURSEWORK REQUIRED. (a) Except as provided by Subsection (b), the

commission may not issue an initial or renewal individual

practitioner license to a person under this chapter unless the

person completes a course approved by the commission under Section

1603.107 in abnormal skin growth education, including training on

identifying melanoma. Each applicant for issuance or, if

applicable, renewal of a license must provide proof of completion

of the course.

(b) A person who satisfies the requirements of Subsection

(a) is not required to complete additional coursework described by

that subsection for the subsequent renewal of that person's

license.

Sec. 1603.2111. REFERRAL TO MEDICAL PROFESSIONAL REGARDING

ABNORMAL SKIN GROWTH; LICENSE HOLDER AND EMPLOYER LIABILITY. (a) A

person licensed under this chapter who has completed coursework

approved by the commission under Section 1603.107 may refer an

individual to seek care from a medical professional regarding an

abnormal skin growth.

(b) A person licensed under this chapter who has completed

coursework approved by the commission under Section 1603.107 or the

person's employer may not be civilly or criminally liable for

acting in good faith or for failing to act on information obtained

during the course of practicing the person's profession or acting

within the scope of the person's employment concerning potential

abnormal skin growths.

(c) This section may not be construed to create a cause of

action or civil liability or to require or authorize a person

licensed under this chapter to practice medicine or otherwise

practice outside of the license holder's scope of practice.

SECTION 9. Not later than December 1, 2025, the Texas Board

of Chiropractic Examiners and the Texas Commission of Licensing and

Regulation shall adopt the rules necessary to implement this Act.

SECTION 10. Sections 201.357, 455.162, and 1603.2110,

Occupations Code, as added by this Act, apply only to the issuance

of a license for which an application was submitted on or after

June 1, 2026, or to the renewal of a license that expires on or after

that date. The issuance of a license for which an application was

submitted before June 1, 2026, or the renewal of a license that

expires before that date is governed by the law in effect on the

date the application was submitted or the license expired, and the

former law is continued in effect for that purpose.

SECTION 11. This Act takes effect September 1, 2025.