74R11859 PB-D
          By McDonald, et al.                                    H.B. No. 883
          Substitute the following for H.B. No. 883:
          By McDonald                                        C.S.H.B. No. 883
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of certain nursing practices.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 2(a), Article 4513, Revised Statutes, is
    1-5  amended to read as follows:
    1-6        (a)  The members of the board shall hold office for staggered
    1-7  terms of six years, with the terms of one practicing registered
    1-8  nurse, one professional nurse engaged in nurse education, and one
    1-9  public member expiring on January 31 of odd-numbered years.  A
   1-10  <The> professional nurse member <members> must be actually engaged
   1-11  <employed> in the nursing profession for at least three of the five
   1-12  years preceding the <before their> appointment.
   1-13        SECTION 2.  Section 3, Article 4518, Revised Statutes, is
   1-14  amended to read as follows:
   1-15        Sec. 3.  Every applicant for registration as a registered
   1-16  nurse shall present to the Board evidence of good professional
   1-17  character, successful completion of an accredited program of
   1-18  professional nursing education, and a sworn application and shall,
   1-19  upon payment of required fees, be entitled to take the examination
   1-20  prescribed by the Board.  Upon passing the examination, the
   1-21  applicant shall be entitled to receive from said Board a
   1-22  certificate attested by the seal of said Board, entitling such
   1-23  person to practice as a registered nurse in the State of Texas.
   1-24  The Board shall determine the criteria, not to exceed the criteria
    2-1  required by a majority of the states, that constitutes passing the
    2-2  examination.
    2-3        SECTION 3.  Subsection (a), Article 4527d, Revised Statutes,
    2-4  is amended to read as follows:
    2-5        (a)  The board may impose an administrative penalty against a
    2-6  person licensed or regulated under this chapter <article> who
    2-7  violates this chapter <article> or a rule or order adopted under
    2-8  this chapter <article>.
    2-9        SECTION 4.  Section 5, Chapter 118, Acts of the 52nd
   2-10  Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
   2-11  Civil Statutes), is amended by amending Subsection (g) and adding
   2-12  Subsection (u) to read as follows:
   2-13        (g)  The Board shall employ a full-time Director of
   2-14  Education, who shall have had at least five (5) years experience in
   2-15  teaching nursing in an accredited school of nursing or an approved
   2-16  program in vocational nursing.  The Board may select either a
   2-17  Licensed Vocational Nurse or a Registered Nurse as the Director of
   2-18  Education.  The duties of the Director of Education shall be to
   2-19  visit and inspect all schools of vocational nursing to determine
   2-20  whether the Board's minimum requirements for vocational nursing
   2-21  programs are being met.  The Board, by rule, may establish a
   2-22  separate fee for the survey of approved programs, which may be
   2-23  allocated to cover the cost of implementing the survey.  The Board
   2-24  shall prescribe such methods and rules of visiting, and such
   2-25  methods of reporting as may in its judgment be deemed proper.
   2-26        (u)  The Board shall disseminate, at least twice a year and
   2-27  at other times as determined necessary by the Board, information
    3-1  that is of significant interest to Licensed Vocational Nurses and
    3-2  employers of Licensed Vocational Nurses in this state.  The
    3-3  information shall include summaries of final disciplinary action
    3-4  taken against Licensed Vocational Nurses by the Board since its
    3-5  last dissemination of information.
    3-6        SECTION 5.  Sections 6(a) and (d), Chapter 118, Acts of the
    3-7  52nd Legislature, Regular Session, 1951 (Article 4528c, Vernon's
    3-8  Texas Civil Statutes), are amended to read as follows:
    3-9        (a)  Except as provided in Section 7 of this Act, every
   3-10  person desiring to be licensed as a Licensed Vocational Nurse or
   3-11  use the abbreviation L.V.N. in the State of Texas, shall be
   3-12  required to pass the examination approved by the Board of
   3-13  Vocational Nurse Examiners.  The applicant shall make application
   3-14  by presenting to the Board, on forms furnished by the Board,
   3-15  satisfactory sworn evidence that the applicant holds a high school
   3-16  diploma issued by an accredited secondary <has had at least two (2)
   3-17  years of high> school <education> or <its> equivalent educational
   3-18  credentials and has completed an approved course in an approved
   3-19  school for educating vocational nurses.  An approved school as used
   3-20  herein shall mean one approved by the Board or by another state.
   3-21  <Application for examination by the Board or its delegate shall be
   3-22  made at least thirty (30) days prior to the date set for the
   3-23  examination.>
   3-24        (d)  If an applicant has graduated from an approved
   3-25  educational program in vocational nursing in this state, another
   3-26  state, or the District of Columbia, or successfully completed an
   3-27  acceptable level of education in a professional nursing program in
    4-1  this state, another state, or the District of Columbia, the Board
    4-2  may issue to the applicant, pending the results of the licensing
    4-3  examination, a temporary permit to practice vocational nursing
    4-4  under the direct supervision of a licensed vocational nurse,
    4-5  registered professional nurse, or licensed physician.  A permit
    4-6  issued to an applicant who fails the examination expires on the
    4-7  date the examination result is reported to the Board <indicated on
    4-8  the permit>.  A permit issued to an applicant who passes the
    4-9  examination expires on the applicant's receipt of a permanent
   4-10  license from the Board.  A permit may not be issued to an applicant
   4-11  who has previously failed an examination administered by the Board
   4-12  or by another state.
   4-13        SECTION 6.  Section 7, Chapter 118, Acts of the 52nd
   4-14  Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
   4-15  Civil Statutes), is amended to read as follows:
   4-16        Sec. 7.  QUALIFICATION FOR LICENSING BY ENDORSEMENT.  (a)  To
   4-17  qualify for a temporary license to practice as a licensed
   4-18  vocational nurse by endorsement, an applicant for licensing must:
   4-19              (1)  submit to the Board an application fee as
   4-20  determined by the Board and a completed application given under
   4-21  oath, in the form prescribed by the Board;
   4-22              (2)  have possessed at the time of initial licensing as
   4-23  a licensed vocational nurse the qualifications necessary to have
   4-24  been eligible for licensing at that time in this state; and
   4-25              (3)  have presented to the Board proof of initial
   4-26  licensing by examination and proof that the current active license
   4-27  and other license or licenses granted to the applicant by any other
    5-1  state have not been suspended, revoked, canceled, surrendered, or
    5-2  otherwise restricted for any reason<; and>
    5-3              <(4)  submit to the Board a notice of sponsorship of
    5-4  the applicant by the holder of a Texas health care professional
    5-5  license under whom the applicant will practice>.
    5-6        (b)  A holder of a temporary license under this section shall
    5-7  receive a permanent license if the applicant:
    5-8              (1)  has submitted official verification of the
    5-9  academic and professional credentials of the applicant; and
   5-10              (2)  satisfies any other requirement set by statute.
   5-11        (c)  The Board shall either grant or deny an application for
   5-12  a permanent license within 180 days after the date of the Board's
   5-13  receipt of all required forms or information.  The Board may extend
   5-14  the 180-day deadline to allow for the receipt and tabulation of
   5-15  pending examination results.
   5-16        (d)  <The Board shall adopt rules relating to the conditions
   5-17  of sponsorship under Subsection (a)(4) of this section, including
   5-18  waiver of the requirement in the event of a hardship.>
   5-19        <(e)>  The Board shall specify training, education, or
   5-20  examination requirements that an applicant may complete in lieu of
   5-21  the requirements of Subsection (a)(2) of this section.
   5-22        (e)  The Board shall adopt rules to address the practice of
   5-23  vocational nursing by a vocational nurse who holds a license issued
   5-24  by another state who is in this state on a nonroutine basis for a
   5-25  period not to exceed five days or 120 hours to provide care to a
   5-26  patient who is being transported into, out of, or through this
   5-27  state.
    6-1        SECTION 7.  Section 10, Chapter 118, Acts of the 52nd
    6-2  Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
    6-3  Civil Statutes), is amended by adding Subsection (h) to read as
    6-4  follows:
    6-5        (h)  Article 6252-13c, Revised Statutes, applies to the
    6-6  Board, and the Board is a licensing agency for purposes of that
    6-7  article.
    6-8        SECTION 8.  Chapter 118, Acts of the 52nd Legislature,
    6-9  Regular Session, 1951 (Article 4528c, Vernon's Texas Civil
   6-10  Statutes), is amended by adding Section 10G to read as follows:
   6-11        Sec. 10G.  TEMPORARY SUSPENSION OF LICENSE.  (a)  If the
   6-12  majority of the Board or a three-member committee of Board members
   6-13  designated by the Board determines from the evidence or information
   6-14  presented to it that a licensed vocational nurse, by continuation
   6-15  in the practice of vocational nursing, would constitute a
   6-16  continuing and imminent threat to the public welfare, the Board or
   6-17  the three-member committee shall temporarily suspend the license of
   6-18  the licensed vocational nurse.
   6-19        (b)  A license may be suspended under this section without
   6-20  notice or hearing on the complaint if:
   6-21              (1)  proceedings for a hearing before the State Office
   6-22  of Administrative Hearings are initiated simultaneously with the
   6-23  temporary suspension; and
   6-24              (2)  a hearing is held as soon as practicable under
   6-25  this Act and Chapter 2001, Government Code (Administrative
   6-26  Procedure Act).
   6-27        (c)  The State Office of Administrative Hearings shall
    7-1  conduct a preliminary hearing not later than the 21st day after the
    7-2  date of the temporary suspension order to determine if probable
    7-3  cause exists that a continuing and imminent threat to the public
    7-4  welfare is still occurring.  That office shall conduct a final
    7-5  hearing on the matter not later than the 91st day after the date of
    7-6  the temporary suspension order.
    7-7        SECTION 9.  Chapter 118, Acts of the 52nd Legislature,
    7-8  Regular Session, 1951 (Article 4528c, Vernon's Texas Civil
    7-9  Statutes), is amended by adding Section 10H to read as follows:
   7-10        Sec. 10H.  INFORMATION; SUBPOENAS.  (a)  Each person shall
   7-11  respond promptly and fully to any request for information from the
   7-12  Board and to any subpoena issued by the Board and may not refuse,
   7-13  deny, or resist the request or subpoena unless the request or
   7-14  subpoena requests information subject to the attorney-client
   7-15  privilege of confidentiality.  No other privilege applies to a
   7-16  proceeding of the Board.
   7-17        (b)  Each subpoena issued by the Board may be served
   7-18  personally by a Board investigator, by certified mail, or by any
   7-19  other manner authorized by law.
   7-20        (c)  The Board may pay a reasonable fee for photocopies
   7-21  subpoenaed at the request of the Board in an amount not to exceed
   7-22  the amount that the Board charges for a copy of a Board record.
   7-23        (d)  To the extent possible, the Board shall protect the
   7-24  identity of patients named in information received by the Board.
   7-25        SECTION 10.  (a)  Section 6, Chapter 118, Acts of the 52nd
   7-26  Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
   7-27  Civil Statutes), as amended by this Act, applies only to an
    8-1  application for a license as a licensed vocational nurse that is
    8-2  filed with the Board of Vocational Nurse Examiners on or after
    8-3  September 1, 1995.  An application filed before that date is
    8-4  governed by the law in effect on the date the application was
    8-5  filed, and the former law is continued in effect for that purpose.
    8-6        (b)  Sections 10G and 10H, Chapter 118, Acts of the 52nd
    8-7  Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
    8-8  Civil Statutes), as added by this Act, take effect January 1, 1996.
    8-9  Not later than December 31, 1995, the Board of Vocational Nurse
   8-10  Examiners shall adopt rules as necessary to implement those
   8-11  sections.
   8-12        SECTION 11.  The importance of this legislation and the
   8-13  crowded condition of the calendars in both houses create an
   8-14  emergency and an imperative public necessity that the
   8-15  constitutional rule requiring bills to be read on three several
   8-16  days in each house be suspended, and this rule is hereby suspended,
   8-17  and that this Act take effect and be in force from and after its
   8-18  passage, and it is so enacted.