BILL ANALYSIS
C.S.H.B. 883
By: McDonald
05-02-95
Committee Report (Substituted)
BACKGROUND
The statutes enacted by the 42nd and 52nd Legislatures governing
the Board of Nurse Examiners (BNE) and the Board of Vocational
Nurse Examiners (BVNE) respectively, do not address the changes
associated with the modern health care industry. Legislation
introduced in response to Sunset review of the BNE and BVNE in the
73rd Session attempted to amend the laws to conform with current
practice. Despite these attempts, however, the licensure act fails
to provide a comprehensive guideline for the administration and
regulation of BNE and BVNE licensees.
PURPOSE
H.B. 883 as substituted clarifies the registered nurse (RN) and
licensed vocational nurse (LVN) licensure acts to correct problems
encountered by the BNE and the BVNE.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Board of Vocational Nurse
Examiners in Section 6 (Sec. 7, Chapter 118, Acts of the 52nd
Legislature, Regular Session, 1951 (Article 4528c, V.T.C.S.)) and
in Section 10. Section 4(g) of this bill (Sec. 5, Chapter 118, Acts
of the 52nd Legislature, Regular Session, 1951 (Article 4528c,
V.T.C.S.) also amends an existing grant of rulemaking authority to
the Board of Vocational Nurse Examiners, allowing the board to
allocate a fee, established by rule, to cover the cost of
implementing a survey of approved programs.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 2(a), Article 4513, Revised Statutes, to
specify requirements for eligibility for appointment to the Board
of Nurse Examiners. Requires a professional nurse to be engaged in
nursing for at least three of the five years preceding the
appointment.
SECTION 2. Amends Section 3, Article 4518, Revised Statutes, to
specify that an applicant for registration as a RN must present
evidence of good professional character, along with the other
stated eligibility requirements for licensure, thereby providing
additional grounds for Board of Nurse Examiners to deny initial
licensure.
SECTION 3. Amends Subsection (a), Article 4527d, Revised
Statutes, to change the word "article" to "chapter," in regard to
administrative penalties.
SECTION 4. Amends Section 5(g) and adds Section 5(u), Chapter 118,
Acts of the 52nd Legislature, Regular Session, 1951 (Article 4528c,
Vernon's Texas Civil Statutes), to allow the fees charged by rule
by the BVNE to be allocated to cover the cost of implementing a
survey of approved programs. Requires the BVNE to maintain
information of significant interest to LVNs, and requires the
information to include summaries of final disciplinary action taken
against LVNs by the BVNE since the last dissemination of
information.
SECTION 5. Amends Sections 6(a) and 6(d), Chapter 118, Acts of
the 52nd Legislature, Regular Session, 1951 (Article 4528c,
Vernon's Texas Civil Statutes), as follows:
Sec. 6(a) changes the educational requirements for licensure
from at least two years of high school to a high school
diploma or equivalent educational credentials. The requirement
that application for licensure examination be made thirty days
prior to the scheduled date of the examination is deleted.
Sec. 6(d) specifies that a permit issued to a LVN who fails
the examination expires on the date the the examination result
is reported to the BVNE, rather than the deleted reference to
the date indicated on the permit. A permit for a LVN who
passes expires on receipt of a permanent license from the
BVNE.
SECTION 6. Deletes Section 7(a)(4) and 7(d), Chapter 118, Acts of
the 52nd Legislature, Regular Session, 1951 (Article 4528c,
Vernon's Texas Civil Statutes), eliminating the requirement that an
applicant for a temporary license must have secured a job under the
supervision of a sponsor before that individual may obtain full
licensure from the State of Texas. The deleted Section 7(d)
requires the BVNE to adopt rules regarding Section 7(a)(4).
Subsequent sections are relettered accordingly to reflect the
deletion.
Adds Subsection 7(e), to Chapter 118, Acts of the 52nd
Legislature, Regular Session, 1951 (Article 4528c, Vernon's
Texas Civil Statutes), requiring the BVNE to adopt rules
regulating vocational nurses licensed in other states who
assist in transporting patients through Texas on a nonroutine
basis.
SECTION 7. Amends Sec. 10, Chapter 118, Acts of the 52nd
Legislature, Regular Session, 1951 (Article 4528c, V.T.C.S.) by
defining the BVNE as a licensing agency for purposes of Article
6252-13c, Revised Statutes, regarding the BVNE's capacity to accept
or reject licensure applications.
SECTION 8. Adds Section 10G to Chapter 118, Acts of the 52nd
Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
Civil Statutes) as follows:
Sec. 10G. TEMPORARY SUSPENSION OF LICENSE. (a) Requires the
BNVE or the three member committee of designated BVNE members
to temporarily suspend the license of a LVN if it is
determined that by allowing a LVN to continue to practice
would constitute a continuing and imminent threat to the
public welfare.
(b) States that a license may be suspended without notice or
hearing on the complaint under specified circumstances.
(c) Requires the State Office of Administrative Hearings to
conduct a preliminary hearing within 21 days after the
temporary license suspension order to determine if probable
cause exists that a continuing threat to public welfare is
still occuring. Requires the office to conduct a final hearing
on the matter within 91 days of the suspension order.
SECTION 9. Adds Section 10H to Chapter 118, Acts of the 52nd
Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
Civil Statutes) as follows:
Sec. 10H. INFORMATION; SUBPOENAS. (a) Requires each person to
respond promptly and fully to any request for information from
the BVNE, and prohibits refusal of the subpoena unless
specified circumstances exist.
(b) Allows each subpoena issued by the BVNE to be served
personally by a Board investigator, certified mail, or any
other manner authorized by law.
(c) Allows the BVNE to pay a reasonable fee for photocopies
subpoenaed at the request of the BVNE in an amount not
exceeding the amount the BVNE charges for a copy of a BVNE
record.
(d) Requires the BVNE to protect the identity of patients
named in information received by the BVNE.
SECTION 10. (a) States that Sec. 6, Chapter 118, Acts of the 52nd
Legislature, Regular Session, 1951 (Article 4528c, V.T.C.S.), as
amended by this act, applies only to a license application filed on
or after September 1, 1995.
(b) States that Sections 10G and 10H, Chapter 118, Acts of the
52nd Legislature, Regular Session, 1951 (Article 4528c,
V.T.C.S.), as added by this act, take effect January 1, 1996.
Requires the BVNE to adopt rules by December 31, 1995, as
necessary to implement those sections.
SECTION 11. Emergency Clause.
Effective upon passage.
COMPARISON OF ORIGINAL TO SUBSTITUTE
H.B. 883 as filed addresses the BVNE's regulatory authority over
the re-education of nurses regarding the need to update their
skills and competencies. The substitute deletes the re-education
program and addresses other issues relating to the regulatory
authority of both the BNE and the BVNE. The substitute also
corrects problems these boards have encountered in administering
their respective licensing acts.
SUMMARY OF COMMITTEE ACTION
H.B. 883 was considered by the Public Health Committee in a public
hearing on May 2, 1995. The committee considered a complete
substitute for the bill. The substitute was adopted without
objection. The bill was reported favorably as substituted, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 7
AYES, 0 NAYS, 0 PNV, and 2 ABSENT.