75R11886 GJH-F
By Maxey H.B. No. 1433
Substitute the following for H.B. No. 1433:
By Berlanga C.S.H.B. No. 1433
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the conduct of certain nurses.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 4525d, Revised Statutes, is amended by
1-5 amending Subsections (c) and (d) and by adding Subsection (e) to
1-6 read as follows:
1-7 (c) If a person who regularly employs, hires, or otherwise
1-8 contracts for the services of at least 10 registered nurses
1-9 requests one of those registered nurses to engage in conduct that
1-10 the nurse believes violates a registered nurse's duty to a patient,
1-11 the nurse may request a finding by a nursing peer review committee
1-12 under Article 4525b, Revised Statutes, of whether the conduct
1-13 violates a registered nurse's duty to a patient. A nurse who in
1-14 good faith requests, on a form produced by the board, a peer review
1-15 determination under this subsection may engage in the requested
1-16 conduct pending the peer review, is not subject to the reporting
1-17 requirement under Article 4525a, Revised Statutes, and may not be
1-18 disciplined by the board for engaging in that conduct while the
1-19 peer review is pending. The findings of the peer review committee
1-20 shall be considered in a decision to discipline the nurse, but
1-21 those findings are not binding if a registered nurse administrator
1-22 believes in good faith that the peer review committee has
1-23 incorrectly determined a registered nurse's duty. A nurse who in
1-24 good faith requests a peer review under this subsection may not be
2-1 disciplined or discriminated against for making the request. If
2-2 the conduct for which the peer review is requested under this
2-3 subsection involves the medical reasonableness of a physician's
2-4 order, the medical staff or medical director shall be requested to
2-5 make a determination as to the medical reasonableness of the
2-6 physician's order, which shall be determinative of that issue. A
2-7 registered nurse's rights under this article may not be nullified
2-8 by a contract.
2-9 (d) An appropriate licensing agency may take action against
2-10 a person who violates this article.
2-11 (e) [(d)] In this article: [,]
2-12 (1) "Duty to a patient" means conduct, including
2-13 administrative decisions directly affecting a registered nurse's
2-14 ability to comply with that duty, required by standards of practice
2-15 or professional conduct adopted by the board.
2-16 (2) "Person" ["person"] includes an individual,
2-17 organization, agency, facility, or other entity.
2-18 SECTION 2. Section 241.026(a), Health and Safety Code, is
2-19 amended to read as follows:
2-20 (a) The board, with the advice of the council, shall adopt
2-21 and enforce rules to further the purposes of this chapter. The
2-22 rules at a minimum shall address:
2-23 (1) minimum requirements for staffing by physicians
2-24 and nurses;
2-25 (2) hospital services relating to patient care;
2-26 (3) fire prevention, safety, and sanitation
2-27 requirements in hospitals;
3-1 (4) patient care and a patient bill of rights; [and]
3-2 (5) compliance with other state and federal laws
3-3 affecting the health, safety, and rights of hospital patients; and
3-4 (6) compliance with nursing peer review under Articles
3-5 4525a and 4525b, Revised Statutes, and the rules of the Board of
3-6 Nurse Examiners relating to peer review.
3-7 SECTION 3. This Act takes effect September 1, 1997.
3-8 SECTION 4. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.