88R23427 BEE-F     By: Howard H.B. No. 4176     Substitute the following for H.B. No. 4176:     By:  Klick C.S.H.B. No. 4176       A BILL TO BE ENTITLED   AN ACT   relating to the summary suspension of a nursing license in   connection with a fraudulently or unlawfully obtained diploma,   license, or other document.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 301.454(a), Occupations Code, is amended   to read as follows:          (a)  Except in the case of a temporary suspension authorized   under Section 301.455, [or] 301.4551, or 301.4552, or an action   taken in accordance with an agreement between the board and a   license holder, the board may not take any disciplinary action   relating to a license unless:                (1)  the board has served notice to the license holder   of the facts or conduct alleged to warrant the intended action; and                (2)  the license holder has been given an opportunity,   in writing or through an informal meeting, to show compliance with   all requirements of law for the retention of the license.          SECTION 2.  Subchapter J, Chapter 301, Occupations Code, is   amended by adding Section 301.4552 to read as follows:          Sec. 301.4552.  SUMMARY SUSPENSION FOR CERTAIN VIOLATIONS   INVOLVING FRAUDULENT CONDUCT. (a)  Notwithstanding any other law,   on a showing of probable cause that the holder of a license issued   under this chapter has violated Section 301.451(1), (2), or (3),   the board may issue an order suspending the license without notice.   A showing of probable cause that an individual has violated Section   301.451(1), (2), or (3) constitutes a continuing and imminent   threat to the public welfare.          (b)  On the issuance of a summary suspension order under this   section, the board shall serve notice of the suspension, including   the basis for the suspension, personally or by certified mail, on   the individual whose license is suspended at the individual's last   known address on file with the board. Service is complete when the   board personally serves the individual or sends the notice.          (c)  An individual whose license is suspended under this   section may request a hearing to be held by the State Office of   Administrative Hearings. A hearing requested under this section   must be held not later than the 90th day after the date the order of   suspension was issued. If a hearing is not requested under this   subsection on or before the 20th business day after the date the   suspension order was issued, the right to a hearing is waived and   the license shall remain suspended.          (d)  In a hearing under this section, the State Office of   Administrative Hearings shall consider whether evidence exists to   support a finding that the individual violated Section 301.451(1),   (2), or (3). The individual shall have the opportunity to rebut the   evidence that provided the basis for the summary suspension. The   individual has the burden of proving by a preponderance of the   evidence that the license was lawfully obtained if the individual   submitted, as part of the individual's application, a transcript,   diploma, or other document required for licensure that was issued   or purportedly issued by an entity that has been implicated in a   scheme of fraud relating to the issuance of transcripts, diplomas,   or similar documents.          (e)  If the State Office of Administrative Hearings makes a   finding in a hearing under this section that an individual violated   Section 301.451(1), (2), or (3), the board shall issue an order   revoking the individual's license. If the State Office of   Administrative Hearings makes a finding in a hearing under this   section that an individual did not violate Section 301.451(1), (2),   or (3), the board shall immediately issue an order to reinstate the   individual's license.          (f)  An individual whose license is revoked under Subsection   (e) may not apply for a license under this chapter until:                (1)  the first anniversary of the date of issuance of   the order revoking the license under Subsection (e); and                (2) the applicant provides evidence of completion of a   nursing education program that meets the requirements of Section   301.157 and board rules adopted under that section.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2023.