Bill Number: S.B. 1568
Barto
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Leg Council
FLOOR
AMENDMENT EXPLANATION
1. Requires, by January 1, 2023, each health profession regulatory board
to establish the eligibility criteria required to enter into a non-disciplinary
confidential program through a published policy or rulemaking.
2. States that the established program does not prohibit a health
profession regulatory board from engaging another health profession regulatory
board or private entity to implement a treatment program.
3. Allows the health profession regulatory
board to act on a complaint if the:
a)
patient or
complainant does not comply with the board's investigation; and
b)
board has
sufficient evidence of a violation of law.
4. States that it is unprofessional conduct
for any licensee, permittee or certificate holder to file a false or fraudulent
complaint or report with a health profession regulatory board.
5. Grants health profession regulatory
boards an additional 100 days to investigate if an investigation cannot be
completed within 180 days, rather than 120 days.
6. Stipulates that, if a board administratively dismisses a
complaint without prejudice, the complainant's timeline is suspended until the
board has additional evidence to reopen and conclude the investigation.
7. States that the timeline extension does
not apply to health profession regulatory boards acting on a complaint or
investigating unprofessional conduct.
8. Prohibits a health profession regulatory
board from reporting an administrative dismissal or non-disciplinary action to
the National Practitioner Data Bank.
9. Modifies written notice requirements.
Fifty-fifth Legislature Barto
Second
Regular Session S.B. 1568
BARTO FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1568
(Reference to printed bill)
Page 1, line
24, after the period insert "On or before January 1, 2023,
each health profession regulatory board shall establish the eligibility
criteria required to enter into a nondisciplinary confidential program through
a published policy or rulemaking. This section does not prohibit a health
profession regulatory board from engaging another health profession regulatory
board or a private entity to implement a treatment program described in this
section."
Page 2, line
2, after the period insert "The health profession
regulatory board may take action on a complaint if the patient or complainant
does not comply with the board's investigation if the board has sufficient
evidence of a violation of law. It is an act of unprofessional conduct for any
licensee, permittee or certificate holder of any health profession regulatory
board to file a false or fraudulent complaint or report with a health
profession regulatory board."
Line 10,
strike "twenty" insert "eighty"
Line 13,
after "or" insert "administratively"
Line 14,
after the period insert "If a health profession regulatory
board administratively dismisses a complaint without prejudice, the
complainant's timeline is suspended until the board has additional evidence,
information or testimony to reopen the investigation and conclude the investigation
with the available options prescribed for each health profession regulatory
board. this subsection does not extend the time allowed
for any health profession regulatory board to act on a complaint or investigate
unprofessional conduct. A health profession regulatory board may not report an
administrative dismissal or nondisciplinary action to the national practitioner
data bank."
Page 2, line
19, after the period insert "The written notice shall also
inform the respondent that any statements made during an interview may be used
against the respondent by the health profession regulatory board. A licensee,
permittee or certificate holder may waive this notice by signing a waiver of
notice."
Amend title
to conform