SB123 - Relating to the verification of the accuracy of an application for a license to practice medicine in this state.

  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.