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A BILL TO BE ENTITLED
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AN ACT
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relating to the practice of nursing, including disciplinary |
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procedures of the Texas Board of Nursing; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.004(a), Occupations Code, is amended |
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to read as follows: |
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(a) This chapter does not apply to: |
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(1) gratuitous nursing care of the sick that is |
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provided by a friend; |
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(2) except as provided by Section 301.452(b-1), |
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nursing care provided during a disaster under the state emergency |
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management plan adopted under Section 418.042, Government Code, if |
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the person providing the care does not hold the person out as a |
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nurse unless the person is licensed in another state; |
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(3) nursing care in which treatment is solely by |
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prayer or spiritual means; |
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(4) an act performed by a person under the delegated |
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authority of a person licensed by the Texas Medical Board; |
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(5) an act performed by a person licensed by another |
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state agency if the act is authorized by the statute under which the |
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person is licensed except that if the person also holds a license |
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under this chapter and the act is within the practice of nursing, |
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the board may take action against that license based on that act; |
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(6) the practice of nursing that is incidental to a |
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program of study by a student enrolled in a nursing education |
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program approved under Section 301.157(d) leading to an initial |
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license as a nurse; or |
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(7) the practice of nursing by a person licensed in |
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another state who is in this state on a nonroutine basis for a |
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period not to exceed 72 hours to: |
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(A) provide care to a patient being transported |
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into, out of, or through this state; |
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(B) provide nursing consulting services; or |
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(C) attend or present a continuing nursing |
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education program. |
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SECTION 2. Section 301.452, Occupations Code, is amended by |
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adding Subsection (b-1) to read as follows: |
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(b-1) Notwithstanding Section 301.004(a)(2), a person |
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practicing nursing in this state under the authority of a waiver or |
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emergency declaration issued by the governor is subject to the |
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jurisdiction of the board and requirements of this subchapter, |
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including disciplinary action under Section 301.453. |
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SECTION 3. Section 301.466(d), Occupations Code, is amended |
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to read as follows: |
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(d) Notwithstanding Subsection (c), if the board orders a |
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nurse to participate in a peer assistance program approved by the |
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board under Section 467.003, Health and Safety Code, or a pilot |
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program approved by the board under Section 301.1605, the |
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complaint, filing of formal charges, nature of those charges, final |
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board order, and disciplinary proceedings are subject to |
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disclosure: |
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(1) only to the same extent as information regarding a |
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complaint is subject to disclosure under Subsection (b); or |
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(2) in a subsequent matter relating to the board order |
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or a subsequent violation of this chapter or a board rule. |
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SECTION 4. Subchapter J, Chapter 301, Occupations Code, is |
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amended by adding Section 301.472 to read as follows: |
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Sec. 301.472. EXPUNCTION OF DISCIPLINARY RECORD. (a) The |
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board by rule shall adopt procedures to expunge records related to |
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the discipline of a nurse under this chapter. |
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(b) To be eligible for expunction of records under this |
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section, a nurse must: |
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(1) successfully complete the requirements of any: |
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(A) disciplinary order imposed on the nurse by |
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the board; and |
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(B) agreed settlement or alternative dispute |
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resolution approved by the board; and |
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(2) not have committed an additional or repeated |
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violation in the five years preceding the date of the filing of a |
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request for an expunction of a record. |
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(c) In determining a nurse's eligibility for the expunction |
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of records under this section, the board shall consider the |
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seriousness of previous violations of this chapter or board rule, |
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as demonstrated by the sanctions imposed on the nurse. |
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(d) Notwithstanding Subsections (b) and (c), the board may |
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not expunge a record related to a violation that directly harmed a |
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patient. |
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(e) A disciplinary order expunged under this section is |
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void. |
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(f) A disciplinary order and any related investigatory |
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document, including any previously filed formal charge, expunged |
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from a nurse's record under this section: |
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(1) is not subject to disclosure, unless an |
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appropriate court order or subpoena provides otherwise; and |
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(2) is not public information and not subject to |
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disclosure under Chapter 552, Government Code. |
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(g) The board shall report to the National Practitioner Data |
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Bank the expunction of a nurse's disciplinary record under this |
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section. |
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(h) The board may establish a fee for the expunction of a |
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record under this section in an amount reasonable and necessary to |
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cover the costs of administering this section. |
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(i) Except as provided by Subsection (f)(1), a nurse whose |
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disciplinary record has been expunged under this section may state |
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in response to an inquiry that the expunged disciplinary record |
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does not exist. |
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SECTION 5. Not later than December 1, 2023, the Texas Board |
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of Nursing shall adopt the rules necessary to implement the changes |
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in law made by this Act. |
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SECTION 6. Section 301.452(b-1), Occupations Code, as added |
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by this Act, applies only to a person who practices nursing on or |
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after the effective date of this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |