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  H.B. No. 1899
 
 
 
 
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:
                     (A)  a dentist licensed under Subtitle D;
                     (B)  a dental hygienist licensed under Chapter
  262;
                     (C)  a hearing instrument fitter and dispenser
  licensed under Chapter 402;
                     (D)  a nurse, including an advanced practice
  registered nurse, licensed under Chapter 301;
                     (E)  an occupational therapist licensed under
  Chapter 454;
                     (F)  an optometrist or therapeutic optometrist
  licensed under Chapter 351;
                     (G)  a pharmacist licensed under Subtitle J;
                     (H)  a physical therapist licensed under Chapter
  453;
                     (I)  a physician licensed under Subtitle B;
                     (J)  a physician assistant licensed under Chapter
  204;
                     (K)  a podiatrist licensed under Chapter 202;
                     (L)  a psychologist licensed under Chapter 501;
                     (M)  a social worker licensed under Chapter 505;
  and
                     (N)  a speech-language pathologist or audiologist
  licensed under Chapter 401.
               (2)  "License" means a license, certificate,
  registration, permit, or other authorization that:
                     (A)  is issued by a licensing authority; and
                     (B)  a person must obtain to practice or engage in
  a particular business, occupation, or profession.
               (3)  "Licensing authority" means a department,
  commission, board, office, or other agency of this state that
  issues a license.
         Sec. 108.052.  DENIAL OF LICENSE. A licensing authority
  shall deny an application for a license as a health care
  professional for an applicant who:
               (1)  is required to register as a sex offender under
  Chapter 62, Code of Criminal Procedure;
               (2)  has been previously convicted of or placed on
  deferred adjudication community supervision for the commission of a
  felony offense involving the use or threat of force; or
               (3)  has been previously convicted of or placed on
  deferred adjudication community supervision for the commission of
  an offense:
                     (A)  under Section 22.011, 22.02, 22.021, or
  22.04, Penal Code, or an offense under the laws of another state or
  federal law that is equivalent to an offense under one of those
  sections;
                     (B)  committed:
                           (i)  when the applicant held a license as a
  health care professional in this state or another state; and
                           (ii)  in the course of providing services
  within the scope of the applicant's license; and
                     (C)  in which the victim of the offense was a
  patient of the applicant.
         Sec. 108.053.  REVOCATION OF LICENSE. (a)  The license of a
  health care professional is revoked if the health care professional
  is:
               (1)  convicted or placed on deferred adjudication
  community supervision for an offense described by Section
  108.052(2) or (3); or
               (2)  required to register as a sex offender under
  Chapter 62, Code of Criminal Procedure.
         (b)  The licensing authority shall revoke a license and
  update the authority's records to reflect the revocation under
  Subsection (a) immediately on receiving notification:
               (1)  by a court under Article 42.0175, Code of Criminal
  Procedure, that the court made a finding under that article; or
               (2)  by a parole panel under Section 508.1864,
  Government Code, that the license holder is required to register as
  a sex offender under Chapter 62, Code of Criminal Procedure, as a
  condition of release on parole or to mandatory supervision.
         Sec. 108.054.  REAPPLICATION. A person whose license
  application is denied under this subchapter:
               (1)  based on a conviction or placement on deferred
  adjudication community supervision for an offense described by
  Section 108.052(2) or (3) may reapply for the license if the
  conviction or deferred adjudication is reversed, set aside, or
  vacated on appeal; or
               (2)  based on a requirement to register as a sex
  offender under Chapter 62, Code of Criminal Procedure, may reapply
  for the license after the expiration of the period for which the
  person is required to register.
         Sec. 108.055.  REINSTATEMENT. A person whose license is
  revoked under this subchapter:
               (1)  based on a conviction or placement on deferred
  adjudication community supervision for an offense described by
  Section 108.052(2) or (3) may apply for reinstatement of the
  license with the appropriate licensing authority if the conviction
  or deferred adjudication is reversed, set aside, or vacated on
  appeal; or
               (2)  based on a requirement to register as a sex
  offender under Chapter 62, Code of Criminal Procedure, may apply
  for reinstatement of the license after the expiration of the period
  for which the person is required to register.
         SECTION 9.  Section 14, Article 42.01, Code of Criminal
  Procedure, and Article 42.0175, Code of Criminal Procedure, as
  added by this Act, apply only to a judgment of conviction entered on
  or after the effective date of this Act.
         SECTION 10.  Section 508.1864, Government Code, as added by
  this Act, applies only to a person who is released on parole or to
  mandatory supervision on or after the effective date of this Act.  A
  person who is released on parole or to mandatory supervision before
  the effective date of this Act is governed by the law in effect at
  the time of release, and the former law is continued in effect for
  that purpose.
         SECTION 11.  Section 108.052, Occupations Code, as added by
  this Act, applies only to an application for a license as a health
  care professional, as defined by Section 108.051, Occupations Code,
  as added by this Act, pending on or submitted on or after the
  effective date of this Act.
         SECTION 12.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1899 was passed by the House on May 3,
  2019, by the following vote:  Yeas 138, Nays 2, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1899 was passed by the Senate on May
  22, 2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor