BILL ANALYSIS
C.S.S.B. 519
By: Madla
Health and Human Services
4-6-95
Committee Report (Substituted)
BACKGROUND
Since the 69th Legislature in 1985, the Texas Legislature has been
authorizing various licensing agencies to establish or approve peer
assistance programs as an interim measure before taking an adverse
action against a licensee who is impaired by chemical dependency or
drugs or alcohol or by mental illness. These programs have proven
successful.
PURPOSE
As proposed, C.S.S.B. 519 provides peer assistance and reporting
programs for students enrolled in certain professional educational
programs.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 467.001, Health and Safety Code, by
adding Subdivisions (7) and (8), to define "student" and "impaired
student."
SECTION 2. Amends Chapter 467, Health and Safety Code, by adding
Section 467.0035, as follows:
Sec. 467.0035. PROVISION OF SERVICES TO STUDENTS. (a)
Authorizes an approved peer assistance program to provide
services to impaired students. Provides that a program that
elects to provide services to impaired students is not
required to provide the same level of services to those
students that it provides to impaired professionals.
(b) Requires an approved peer assistance program that
provides services to students to comply with any criteria
for those services that are adopted by the appropriate
licensing or disciplinary authority.
SECTION 3. Amends Article 4525a, V.T.C.S., by adding Section 1B,
as follows:
Sec. 1B. REPORTS REGARDING NURSING STUDENTS. (a) Requires a
professional nursing educational program or a registered nurse
who has cause to suspect that the ability of a professional
nursing student to perform the services of the nursing
profession would be impaired by chemical dependency to report
to the Board of Nurse Examiners (board) the identity of the
student and additional information required for such a report
by the board.
(b) Authorizes a registered nurse required to report under
this section to report the student to the professional
nursing educational program in which the student is enrolled
in lieu of reporting to the board.
(c) Defines "professional nursing educational program" and
"professional nursing student."
SECTION 4. Effective date: September 1, 1995.
SECTION 5. Emergency clause.