89R26339 BEE-F     By: Blanco, et al. S.B. No. 912     (Guillen)     Substitute the following for S.B. No. 912:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the verification of health care practitioner continuing   education compliance through the establishment of continuing   education tracking systems.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 112.002, Occupations Code, is   transferred to Subchapter B, Chapter 112, Occupations Code,   redesignated as Section 112.0501, Occupations Code, and amended to   read as follows:          Sec. 112.0501  [112.002]. APPLICABILITY. This subchapter   [chapter] applies only to licensing entities and health care   practitioners under Chapters 401, 453, and 454 and Subtitles B, C,   D, E, F, and K.          SECTION 2.  Chapter 112, Occupations Code, is amended by   adding Subchapter C to read as follows:   SUBCHAPTER C.  CONTINUING EDUCATION REQUIREMENTS          Sec. 112.101.  DEFINITIONS. In this subchapter:                (1)  "Continuing education course" means a course,   clinic, forum, lecture, program, or seminar that an individual must   complete in order to maintain or renew a license.                (2)  "Continuing education provider" means a person   that a licensing entity authorizes or approves to offer continuing   education courses.                (3)  "Continuing education tracking system" means an   electronic system a licensing entity establishes as required by   Section 112.104.                (4)  "License" means a form of authorization a   licensing entity issues, including a license, certificate,   registration, or permit, that an individual must obtain to engage   in a particular business, occupation, or profession.          Sec. 112.102.  APPLICABILITY. (a)  Except as provided by   Subsection (b), this subchapter applies only to a licensing entity   that issues a license to a health care practitioner under this   title.          (b)  This subchapter does not apply to Subtitle L.          Sec. 112.103.  CONTINUING EDUCATION COMPLIANCE REQUIRED FOR   LICENSE RENEWAL. (a)  Notwithstanding any other law, a licensing   entity may not renew a health care practitioner's license unless   the licensing entity verifies that the health care practitioner has   complied with any continuing education requirements of the   licensing entity.          (b)  Verification of a health care practitioner's compliance   with continuing education requirements that the continuing   education tracking system generates:                (1)  satisfies the requirement of Subsection (a); and                (2)  must be used in the conduct of any audit of health   care practitioners the licensing entity conducts.          (c)  This section does not prohibit a licensing entity from   imposing penalties under applicable statutes or rules for a health   care practitioner's failure to comply with continuing education   requirements.          Sec. 112.104.  CONTINUING EDUCATION TRACKING SYSTEM.  (a)     Each licensing entity by rule shall establish a continuing   education tracking system for use by and accessible to health care   practitioners, licensing entity staff, and continuing education   providers.          (b)  A continuing education tracking system established   under this subchapter may not require any licensing entity   expenditure.          Sec. 112.105.  DATA AND SYSTEMS REQUIREMENTS. (a)  A   continuing education tracking system may collect and use only:                (1)  information that directly relates to a health care   practitioner's compliance with continuing education requirements,   including:                      (A)  the name in which the health care   practitioner's license is issued;                      (B)  the health care practitioner's license   number;                      (C)  the license issue date;                      (D)  the license expiration date; and                      (E)  any other information disclosed to the public   in response to a license verification request; and                (2)  other information the licensing entity designates   by rule as necessary for the system's performance of a function   required by this subchapter.          (b)  A continuing education tracking system established   under Section 112.104 must:                (1)  if the continuing education tracking system is a   cloud-based system, be certified under the state risk and   authorization management program established under Section   2054.0593, Government Code; and                (2)  comply with the Americans with Disabilities Act of   1990 (42 U.S.C. Section 12101 et seq.).          Sec. 112.106.  RULEMAKING. A licensing entity shall adopt   rules necessary to implement this subchapter.          SECTION 3.  (a)  Except as provided by Subsection (b) of this   section, not later than September 1, 2026, each licensing entity   shall establish a continuing education tracking system as required   by Section 112.104, Occupations Code, as added by this Act.          (b)  Notwithstanding any other provision of this Act, not   later than September 1, 2028, the Texas Department of Licensing and   Regulation shall:                (1)  establish a continuing education tracking system   as required by Section 112.104, Occupations Code, as added by this   Act; and                (2)  comply with the verification requirements of   Section 112.103, Occupations Code, as added by this Act.          SECTION 4.  Notwithstanding Section 112.104(b), Occupations   Code, as added by this Act, a licensing entity subject to that   section that on the effective date of this Act has an agreement in   place with a continuing education tracking system provider that is   able to implement the requirements of Subchapter C, Chapter 112,   Occupations Code, as added by this Act, may maintain that agreement   and any costs associated with implementation of the agreement.          SECTION 5.  This Act takes effect September 1, 2025.