1-1 By: Madla S.B. No. 519
1-2 (In the Senate - Filed February 9, 1995; February 13, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 5, 1995, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 6, Nays 0;
1-6 April 5, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 519 By: Madla
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to peer assistance and reporting programs for students
1-11 enrolled in certain professional educational programs.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 467.001, Health and Safety Code, is
1-14 amended by adding Subdivisions (7) and (8) to read as follows:
1-15 (7) "Student" means an individual enrolled in an
1-16 educational program or course of study leading to initial licensure
1-17 as a professional as such program or course of study is defined by
1-18 the appropriate licensing or disciplinary authority.
1-19 (8) "Impaired student" means a student whose ability
1-20 to perform the services of the profession for which the student is
1-21 preparing for licensure would be, or would reasonably be expected
1-22 to be, impaired by chemical dependency on drugs or alcohol or by
1-23 mental illness.
1-24 SECTION 2. Chapter 467, Health and Safety Code, is amended
1-25 by adding Section 467.0035 to read as follows:
1-26 Sec. 467.0035. PROVISION OF SERVICES TO STUDENTS. (a) An
1-27 approved peer assistance program may provide services to impaired
1-28 students. A program that elects to provide services to impaired
1-29 students is not required to provide the same services to those
1-30 students that it provides to impaired professionals.
1-31 (b) An approved peer assistance program that provides
1-32 services to students shall comply with any criteria for those
1-33 services that are adopted by the appropriate licensing or
1-34 disciplinary authority.
1-35 SECTION 3. Article 4525a, Revised Statutes, is amended by
1-36 adding Section 1B to read as follows:
1-37 Sec. 1B. REPORTS REGARDING NURSING STUDENTS. (a) A
1-38 professional nursing educational program or a registered nurse who
1-39 has reasonable cause to suspect that the ability of a professional
1-40 nursing student to perform the services of the nursing profession
1-41 would be, or would reasonably be expected to be, impaired by
1-42 chemical dependency shall report in a signed, written report to the
1-43 board the identity of the student and any additional information
1-44 required for such a report by the board.
1-45 (b) In lieu of reporting to the board, a registered nurse
1-46 required to report under this section may report the student to the
1-47 professional nursing educational program in which the student is
1-48 enrolled.
1-49 (c) In this section:
1-50 (1) "Professional nursing educational program" means a
1-51 board-accredited educational program leading to initial licensure
1-52 as a registered nurse.
1-53 (2) "Professional nursing student" means an individual
1-54 who is enrolled in a professional nursing educational program.
1-55 SECTION 4. This Act takes effect September 1, 1995.
1-56 SECTION 5. The importance of this legislation and the
1-57 crowded condition of the calendars in both houses create an
1-58 emergency and an imperative public necessity that the
1-59 constitutional rule requiring bills to be read on three several
1-60 days in each house be suspended, and this rule is hereby suspended.
1-61 * * * * *