Bill Caption

Fiscal Notes

No significant fiscal implication to the State is anticipated.

No fiscal implication to units of local government is anticipated.

Bill Analysis

The bill would add Chapter 116 of the Occupations Code. This chapter would apply to Chapters 401, 453, and 454 and Subtitles B, C, D, E, F, J, and K.

The bill would require a licensing entity to expunge a disciplinary action from a health care professional’s record on the entity’s public website if:

1. the health care professional applies to the licensing entity for removal;
2. the disciplinary action is the only disciplinary action the health care professional has been the subject of;
3. the disciplinary action was an administrative, clerical, or other minor violation not causing harm to a patient;
4. the disciplinary action did not result in the suspension or revocation of, or the probation of the suspension or revocation of, or the probation of the suspension or revocation of, the health care professional's license;
5. the disciplinary action provides no indication that continued practice by the health care professional may risk harm to a patient; and
6. the disciplinary action occurred at least five years before the date the health care professional applied for removal.

The bill would require the Health Professions Council to adopt policies and standards to promote consistency in the implementation of Chapter 116, and provide the adopted measures to each licensing entity.

Vote Recommendation Notes

The legislation establishes a high threshold in order for a health care professional’s disciplinary action to be expunged from the licensing entity’s website. However, we would encourage legislators to exercise caution before passing such legislation since ‘minor violation’ is not clearly defined.

We remain neutral on HB 3974 since the bill neither abridges nor advances our liberty principles.