Hall Bill Makes The Medical Board Director Personally Liable

The text as introduced · 488 words

89R2519 SCP-D

By: Hall
S.B. No. 123

A BILL TO BE ENTITLED

AN ACT

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 or proceeding described by Section

155.003(e)(2), 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, 2025.