Bill Text: TX HB2358 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the regulation of the practice of nursing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-11 - Referred to Public Health [HB2358 Detail]

Download: Texas-2013-HB2358-Introduced.html
  83R8702 NC-F
 
  By: King of Taylor H.B. No. 2358
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of the practice of nursing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.004(a), Occupations Code, is amended
  to read as follows:
         (a)  This chapter does not apply to:
               (1)  gratuitous nursing care of the sick that is
  provided by a friend;
               (2)  nursing care provided during a disaster under the
  state emergency management plan adopted under Section 418.042,
  Government Code, if the person providing the care does not hold the
  person out as a nurse unless the person is licensed in another
  state;
               (3)  nursing care in which treatment is solely by
  prayer or spiritual means;
               (4)  an act performed by a person under the delegated
  authority of a person licensed by the Texas Medical Board;
               (5)  an act performed by a person licensed by another
  state agency if the act is authorized by the statute under which the
  person is licensed unless the person also holds a license under this
  chapter and the act is within the practice of nursing;
               (6)  the practice of nursing that is incidental to a
  program of study by a student enrolled in a nursing education
  program approved under Section 301.157(d) leading to an initial
  license as a nurse; or
               (7)  the practice of nursing by a person licensed in
  another state who is in this state on a nonroutine basis for a
  period not to exceed 72 hours to:
                     (A)  provide care to a patient being transported
  into, out of, or through this state;
                     (B)  provide nursing consulting services; or
                     (C)  attend or present a continuing nursing
  education program.
         SECTION 2.  Section 301.2511(c), Occupations Code, is
  amended to read as follows:
         (c)  The board by rule shall [may] develop a system for
  [initiating the process of] obtaining criminal history record
  information for a person accepted for enrollment in a nursing
  [applicants for a license under this chapter by requiring persons
  who enroll or plan to enroll in an] educational program that
  prepares the [a] person for initial licensure [a license] as a
  registered or vocational nurse by requiring the person to submit to
  the board a set of fingerprints that meets the requirements of
  Subsection (a). The board may develop a similar system for an
  applicant for enrollment in a nursing educational program. The
  board may require payment of a fee by a person who is required to
  submit a set of fingerprints under this subsection.
         SECTION 3.  Section 301.257, Occupations Code, is amended by
  adding Subsections (j) and (k) to read as follows:
         (j)  The board may file a petition under this section based
  on the results of a criminal history record information check
  conducted under Section 301.2511. The board by rule shall adopt
  requirements for the petition and determination under this
  subsection. The rules must:
               (1)  identify the criminal offenses that constitute
  grounds for the board to file the petition; and
               (2)  describe the documents required by the board to
  make a determination of license eligibility.
         (k)  The board shall make a determination of license
  eligibility under Subsection (j) not later than the 120th day after
  the date the person submits the required documents to the board
  under that subsection.
         SECTION 4.  Section 301.452(b), Occupations Code, is amended
  to read as follows:
         (b)  A person is subject to denial of a license or to
  disciplinary action under this subchapter for:
               (1)  a violation of this chapter, a rule or regulation
  not inconsistent with this chapter, or an order issued under this
  chapter;
               (2)  fraud or deceit in procuring or attempting to
  procure a license to practice professional nursing or vocational
  nursing;
               (3)  a conviction for, or placement on deferred
  adjudication community supervision or deferred disposition for, a
  felony or for a misdemeanor involving moral turpitude;
               (4)  conduct that results in the revocation of
  probation imposed because of conviction for a felony or for a
  misdemeanor involving moral turpitude;
               (5)  use of a nursing license, diploma, or permit, or
  the transcript of such a document, that has been fraudulently
  purchased, issued, counterfeited, or materially altered;
               (6)  impersonating or acting as a proxy for another
  person in the licensing examination required under Section 301.253
  or 301.255;
               (7)  directly or indirectly aiding or abetting an
  unlicensed person in connection with the unauthorized practice of
  nursing;
               (8)  revocation, suspension, or denial of, or any other
  action relating to, the person's license or privilege to practice
  nursing in another jurisdiction or under federal law;
               (9)  intemperate use of alcohol or drugs that the board
  determines endangers or could endanger a patient;
               (10)  unprofessional or dishonorable conduct that, in
  the board's opinion, is likely to deceive, defraud, or injure a
  patient or the public;
               (11)  adjudication of mental incompetency;
               (12)  lack of fitness to practice because of a mental or
  physical health condition that could result in injury to a patient
  or the public; or
               (13)  failure to care adequately for a patient or to
  conform to the minimum standards of acceptable nursing practice in
  a manner that, in the board's opinion, exposes a patient or other
  person unnecessarily to risk of harm.
         SECTION 5.  Section 301.453(b), Occupations Code, is amended
  to read as follows:
         (b)  In addition to or instead of an action under Subsection
  (a), the board, by order, may require the person to:
               (1)  submit to care, counseling, or treatment by a
  health provider designated by the board as a condition for the
  issuance or renewal of a license;
               (2)  participate in a program of education or
  counseling prescribed by the board, including a program of remedial
  education;
               (3)  practice for a specified period under the
  direction of a registered nurse or vocational nurse designated by
  the board; [or]
               (4)  perform public service the board considers
  appropriate; or
               (5)  abstain from the consumption of alcohol or the use
  of drugs and submit to random periodic screening for alcohol or drug
  use.
         SECTION 6.  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 an action taken in accordance
  with an agreement between the board and a license holder, the board
  may not take any [initiate a] 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 7.  Section 301.458(a), Occupations Code, is amended
  to read as follows:
         (a)  Unless there is an agreed disposition of the complaint
  under Section 301.463, [and] if probable cause is found under
  Section 301.457(e)(2), the board or the board's authorized
  representative shall file [initiate proceedings by filing] formal
  charges against the nurse.
         SECTION 8.  Section 301.465(a), Occupations Code, is amended
  to read as follows:
         (a)  Notwithstanding Section 2001.089, Government Code, the
  [The] board may request issuance of a subpoena to be served by [in
  any manner authorized by law, including] personal service by a
  board investigator or [and service] by certified mail.
         SECTION 9.  Section 301.466, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (d) to read as
  follows:
         (a)  A complaint and investigation concerning a nurse under
  this subchapter, [and] all information and material compiled by the
  board in connection with the complaint and investigation, and the
  information described by Subsection (d) are:
               (1)  confidential and not subject to disclosure under
  Chapter 552, Government Code; and
               (2)  not subject to disclosure, discovery, subpoena, or
  other means of legal compulsion for release to anyone other than the
  board or a board employee or agent involved in license holder
  discipline.
         (d)  Notwithstanding Subsection (c), if the board orders a
  nurse to participate in a peer assistance program approved by the
  board under Section 467.003, Health and Safety Code, the complaint,
  filing of formal charges, nature of those charges, final board
  order, and disciplinary proceedings are subject to disclosure:
               (1)  only to the same extent as information regarding a
  complaint is subject to disclosure under Subsection (b); or
               (2)  in a subsequent matter relating to the board order
  or a subsequent violation of this chapter or a board rule.
         SECTION 10.  The heading to Subchapter N, Chapter 301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER N. CORRECTIVE ACTION PROCEEDING AND DEFERRED
  DISCIPLINARY ACTION
         SECTION 11.  Section 301.651, Occupations Code, is amended
  to read as follows:
         Sec. 301.651.  DEFINITIONS [DEFINITION]. In this
  subchapter:
               (1)  "Corrective [, "corrective] action" means a fine
  or remedial education imposed under Section 301.652.
               (2)  "Deferred disciplinary action" means a final
  disciplinary action against a person licensed or regulated under
  this chapter that is deferred by the board as provided by this
  subchapter.
         SECTION 12.  Section 301.655(b), Occupations Code, is
  amended to read as follows:
         (b)  If the person does not accept the executive director's
  determination and recommended corrective action as originally
  proposed or as modified by the board or fails to respond in a timely
  manner to the executive director's notice as provided by Section
  301.654, the executive director shall:
               (1)  terminate corrective action proceedings [under
  this subchapter]; and
               (2)  dispose of the matter as a complaint under
  Subchapter J.
         SECTION 13.  Subchapter N, Chapter 301, Occupations Code, is
  amended by adding Section 301.6555 to read as follows:
         Sec. 301.6555.  DEFERRED DISCIPLINARY ACTION. (a) For any
  action or complaint for which the board proposes to impose on a
  person a sanction other than a reprimand or a denial, suspension, or
  revocation of a license, the board may:
               (1)  defer the final disciplinary action the board has
  proposed if the person conforms to conditions imposed by the board,
  including any condition the board could impose as a condition of
  probation under Section 301.468; and
               (2)  if the person successfully meets the imposed
  conditions, dismiss the complaint.
         (b)  Except as provided by this subsection, a deferred
  disciplinary action by the board is not confidential and is subject
  to disclosure in accordance with Chapter 552, Government Code. If
  the person successfully meets the conditions imposed by the board
  in deferring final disciplinary action and the board dismisses the
  action or complaint, the deferred disciplinary action of the board
  is confidential to the same extent as a complaint is confidential
  under Section 301.466.
         SECTION 14.  Section 301.656, Occupations Code, is amended
  to read as follows:
         Sec. 301.656.  REPORT TO BOARD. The executive director
  shall report periodically to the board on the corrective or
  deferred disciplinary actions imposed under this subchapter,
  including:
               (1)  the number of [corrective] actions imposed; and
               (2)  the types of violations for which [corrective]
  actions were imposed[; and
               [(3)     whether affected nurses accepted the corrective
  actions].
         SECTION 15.  Section 301.657, Occupations Code, is amended
  to read as follows:
         Sec. 301.657.  EFFECT ON ACCEPTANCE OF CORRECTIVE OR
  DEFERRED DISCIPLINARY ACTION. (a) Except to the extent provided by
  this section, a person's acceptance of a corrective or deferred
  disciplinary action under this subchapter does not constitute an
  admission of a violation but does constitute a plea of nolo
  contendere.
         (b)  The board may treat a person's acceptance of corrective
  or deferred disciplinary action as an admission of a violation if
  the board imposes a sanction on the person for a subsequent
  violation of this chapter or a rule or order adopted under this
  chapter.
         (c)  The board may consider a corrective or deferred
  disciplinary action taken against a person to be a prior
  disciplinary action under this chapter when imposing a sanction on
  the person for a subsequent violation of this chapter or a rule or
  order adopted under this chapter.
         SECTION 16.  Section 301.1607, Occupations Code, is
  repealed.
         SECTION 17.  The changes in law made by this Act to Chapter
  301, Occupations Code, apply only to a violation that occurs on or
  after the effective date of this Act. A violation that occurs before
  that date is governed by the law in effect on the date the violation
  occurred, and the former law is continued in effect for that
  purpose.
         SECTION 18.  This Act takes effect September 1, 2013.
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