H.B. No. 1366
AN ACT
relating to the regulation of nursing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.161, Occupations Code, is amended by
adding Subsections (d) and (e) to read as follows:
(d) The board may establish a criminal investigations unit
to investigate suspected criminal acts relating to the practice of
nursing as authorized by this chapter.
(e) The board may assist federal, state, or local law
enforcement agencies in the investigation and prosecution of crimes
related to the practice of nursing.
SECTION 2. Section 301.301(b), Occupations Code, is amended
to read as follows:
(b) A person may renew an unexpired license issued under
this chapter on payment of the required renewal fee, payment of any
costs assessed under Section 301.461, and compliance with any other
renewal requirements adopted by the board.
SECTION 3. 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;
(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 4. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Section 301.4535 to read as follows:
Sec. 301.4535. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL
OF LICENSE FOR CERTAIN OFFENSES. (a) The board shall suspend a
nurse's license or refuse to issue a license to an applicant on
proof that the nurse or applicant has been initially convicted of:
(1) murder under Section 19.02, Penal Code, capital
murder under Section 19.03, Penal Code, or manslaughter under
Section 19.04, Penal Code;
(2) kidnapping or unlawful restraint under Chapter 20,
Penal Code, and the offense was punished as a felony or state jail
felony;
(3) sexual assault under Section 22.011, Penal Code;
(4) aggravated sexual assault under Section 22.021,
Penal Code;
(5) indecency with a child under Section 21.11, Penal
Code;
(6) aggravated assault under Section 22.02, Penal
Code;
(7) intentionally, knowingly, or recklessly injuring
a child, elderly individual, or disabled individual under Section
22.04, Penal Code;
(8) intentionally, knowingly, or recklessly
abandoning or endangering a child under Section 22.041, Penal Code;
(9) aiding suicide under Section 22.08, Penal Code,
and the offense was punished as a state jail felony;
(10) an offense under Section 25.07, Penal Code,
punished as a felony;
(11) an offense under Section 25.071, Penal Code,
punished as a felony;
(12) an agreement to abduct a child from custody under
Section 25.031, Penal Code;
(13) the sale or purchase of a child under Section
25.08, Penal Code;
(14) robbery under Section 29.02, Penal Code;
(15) aggravated robbery under Section 29.03, Penal
Code;
(16) an offense for which a defendant is required to
register as a sex offender under Chapter 62, Code of Criminal
Procedure; or
(17) an offense under the law of another state,
federal law, or the Uniform Code of Military Justice that contains
elements that are substantially similar to the elements of an
offense listed in this subsection.
(b) On final conviction or a plea of guilty or nolo
contendere for an offense listed in Subsection (a), the board, as
appropriate, may not issue a license to an applicant, shall refuse
to renew a license, or shall revoke a license if the applicant or
license holder did not previously disclose the conviction or plea
and the fifth anniversary of the date the person successfully
completed community supervision or parole has not occurred.
(c) A person is not eligible for an initial license or for
reinstatement or endorsement of a license to practice nursing in
this state before the fifth anniversary of the date the person
successfully completed and was dismissed from community
supervision or parole for an offense described by Subsection (a).
SECTION 5. Section 301.455, Occupations Code, is amended to
read as follows:
Sec. 301.455. TEMPORARY LICENSE SUSPENSION OR
RESTRICTION. (a) The license of a nurse shall be temporarily
suspended or restricted on a determination by a majority of the
board or a three-member committee of board members designated by
the board that, from the evidence or information presented, the
continued practice of the nurse would constitute a continuing and
imminent threat to the public welfare.
(b) A license may be temporarily suspended or restricted
under this section without notice or hearing on the complaint if:
(1) institution of proceedings for a hearing before
the State Office of Administrative Hearings is initiated
simultaneously with the temporary suspension or determination to
restrict; and
(2) a hearing is held as soon as possible under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 14th day after the date of
the temporary suspension or restriction to determine whether
probable cause exists that a continuing and imminent threat to the
public welfare exists. The probable cause hearing shall be
conducted as a de novo hearing.
(d) A final hearing on the matter shall be held not later
than the 61st day after the date of the temporary suspension or
restriction.
SECTION 6. Section 304.010, Occupations Code, is repealed.
SECTION 7. (a) The change in law made by this Act by the
amendment of Section 301.301(b), Occupations Code, applies only to
the renewal of a license that expires on or after the effective date
of this Act. The renewal of a license that expires before the
effective date of this Act is governed by the law in effect on the
date the license expired, and the former law is continued in effect
for that purpose.
(b) The change in law made by this Act by the enactment of
Section 301.4535, Occupations Code, applies only to a person who is
initially convicted of an offense or placed on deferred
adjudication after a plea of guilty or nolo contendere for an
offense on or after the effective date of this Act. A person
initially convicted of an offense or placed on deferred
adjudication before that date is governed by the law in effect on
the date the conviction or plea occurred, and the former law is
continued in effect for that purpose.
(c) The change in law made by this Act by the amendment of
Section 301.455, Occupations Code, applies only to a proceeding
commenced on or after the effective date of this Act. A proceeding
commenced before that date is governed by the law in effect on the
date the proceeding was commenced, and the former law is continued
in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1366 was passed by the House on May
10, 2005, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1366 on May 27, 2005, by a non-record
vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1366 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor