1-1 By: Barrientos S.B. No. 1081
1-2 (In the Senate - Filed March 10, 1997; March 12, 1997, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 24, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 6, Nays 1; April 24, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1081 By: Luna
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the regulation of the conduct of certain nurses.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Article 4525d, Revised Statutes, is amended by
1-13 amending Subsections (c) and (d) and by adding Subsection (e) to
1-14 read as follows:
1-15 (c) If a person who regularly employs, hires, or otherwise
1-16 contracts for the services of at least 10 registered nurses
1-17 requests one of those registered nurses to engage in conduct that
1-18 the nurse believes violates a registered nurse's duty to a patient,
1-19 the nurse may request a finding by a nursing peer review committee
1-20 under Article 4525b, Revised Statutes, of whether the conduct
1-21 violates a registered nurse's duty to a patient. A nurse who in
1-22 good faith requests, on a form produced by the board, a peer review
1-23 determination under this subsection may engage in the requested
1-24 conduct pending the peer review, is not subject to the reporting
1-25 requirement under Article 4525a, Revised Statutes, and may not be
1-26 disciplined by the board for engaging in that conduct while the
1-27 peer review is pending. The findings of the peer review committee
1-28 shall be considered in a decision to discipline the nurse, but
1-29 those findings are not binding if a registered nurse administrator
1-30 believes in good faith that the peer review committee has
1-31 incorrectly determined a registered nurse's duty. A nurse who in
1-32 good faith requests a peer review under this subsection may not be
1-33 disciplined or discriminated against for making the request. If
1-34 the conduct for which the peer review is requested under this
1-35 subsection involves the medical reasonableness of a physician's
1-36 order, the medical staff or medical director shall be requested to
1-37 make a determination as to the medical reasonableness of the
1-38 physician's order, which shall be determinative of that issue. A
1-39 registered nurse's rights under this article may not be nullified
1-40 by a contract.
1-41 (d) An appropriate licensing agency may take action against
1-42 a person who violates this article.
1-43 (e) [(d)] In this article:
1-44 (1) "Duty to a patient" means conduct, including
1-45 administrative decisions directly affecting a registered nurse's
1-46 ability to comply with that duty, required by standards of practice
1-47 or professional conduct adopted by the board.
1-48 (2) "Person" [, "person"] includes an individual,
1-49 organization, agency, facility, or other entity.
1-50 SECTION 2. Subsection (a), Section 241.026, Health and
1-51 Safety Code, is amended to read as follows:
1-52 (a) The board, with the advice of the council, shall adopt
1-53 and enforce rules to further the purposes of this chapter. The
1-54 rules at a minimum shall address:
1-55 (1) minimum requirements for staffing by physicians
1-56 and nurses;
1-57 (2) hospital services relating to patient care;
1-58 (3) fire prevention, safety, and sanitation
1-59 requirements in hospitals;
1-60 (4) patient care and a patient bill of rights; [and]
1-61 (5) compliance with other state and federal laws
1-62 affecting the health, safety, and rights of hospital patients; and
1-63 (6) compliance with nursing peer review under Articles
1-64 4525a and 4525b, Revised Statutes, and the rules of the Board of
2-1 Nurse Examiners relating to peer review.
2-2 SECTION 3. This Act takes effect September 1, 1997.
2-3 SECTION 4. The importance of this legislation and the
2-4 crowded condition of the calendars in both houses create an
2-5 emergency and an imperative public necessity that the
2-6 constitutional rule requiring bills to be read on three several
2-7 days in each house be suspended, and this rule is hereby suspended.
2-8 * * * * *