76R5284 GJH-F
By Maxey H.B. No. 1342
Substitute the following for H.B. No. 1342:
By Coleman C.S.H.B. No. 1342
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of registered nurses and licensed
1-3 vocational nurses, including the adoption of an interstate compact
1-4 relating to licensing.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 7, Title 71, Revised Statutes, is amended
1-7 by adding Article 4528b to read as follows:
1-8 Art. 4528b. NURSE LICENSURE COMPACT
1-9 Sec. 1. The Nurse Licensure Compact is enacted and entered
1-10 into with all other jurisdictions that legally join in the compact,
1-11 which is as follows:
1-12 NURSE LICENSURE COMPACT
1-13 ARTICLE 1. FINDINGS AND DECLARATION OF PURPOSE. (a) The
1-14 party states find that:
1-15 (1) the health and safety of the public are affected
1-16 by the degree of compliance with and the effectiveness of
1-17 enforcement activities related to state nurse licensing laws;
1-18 (2) violations of nurse licensing and other laws
1-19 regulating the practice of nursing may result in injury or harm to
1-20 the public;
1-21 (3) the expanded mobility of nurses and the use of
1-22 advanced communication technologies as part of our nation's health
1-23 care delivery system require greater coordination and cooperation
1-24 among states in the areas of nurse licensing and regulation;
2-1 (4) new practice modalities and technology make
2-2 compliance with each state nurse licensing laws difficult and
2-3 complex; and
2-4 (5) the current system of the duplicative licensing of
2-5 nurses practicing in multiple states is cumbersome and redundant to
2-6 both nurses and the states.
2-7 (b) The general purposes of this compact are to:
2-8 (1) facilitate the states' responsibilities to protect
2-9 the public's health and safety;
2-10 (2) ensure and encourage the cooperation of party
2-11 states in the areas of nurse licensing and regulation;
2-12 (3) facilitate the exchange of information between
2-13 party states in the areas of nurse regulation, investigation, and
2-14 adverse action;
2-15 (4) promote compliance with the laws governing the
2-16 practice of nursing in each jurisdiction; and
2-17 (5) invest all party states with the authority to hold
2-18 a nurse accountable for meeting all state practice laws in the
2-19 state in which the patient is located at the time care is provided
2-20 through the mutual recognition of party state licenses.
2-21 ARTICLE 2. DEFINITIONS. In this compact:
2-22 (a) "Adverse action" means a home or remote state
2-23 action.
2-24 (b) "Alternative program" means a voluntary,
2-25 nondisciplinary monitoring program approved by a nurse licensing
2-26 board.
2-27 (c) "Coordinated licensure information system" means
3-1 an integrated process for collecting, storing, and sharing
3-2 information on nurse licensing and enforcement activities related
3-3 to nurse licensing laws, which is administered by a nonprofit
3-4 organization composed of and controlled by state nurse licensing
3-5 boards.
3-6 (d) "Current significant investigative information"
3-7 means:
3-8 (1) investigative information that a licensing
3-9 board, after a preliminary inquiry that includes notification and
3-10 an opportunity for the nurse to respond if required by state law,
3-11 has reason to believe is not groundless and, if proved true, would
3-12 indicate more than a minor infraction; or
3-13 (2) investigative information that indicates
3-14 that a nurse represents an immediate threat to public health and
3-15 safety regardless of whether the nurse has been notified and had an
3-16 opportunity to respond.
3-17 (e) "Home state" means the party state that is the
3-18 nurse's primary state of residence.
3-19 (f) "Home state action" means any administrative,
3-20 civil, equitable, or criminal action permitted by the home state's
3-21 laws that are imposed on a nurse by the home state's licensing
3-22 board or other authority, including actions against an individual's
3-23 license such as revocation, suspension, probation, or any other
3-24 action that affects a nurse's authorization to practice.
3-25 (g) "Licensing board" means a party state's regulatory
3-26 body responsible for issuing nurse licenses.
3-27 (h) "Multistate licensing privilege" means current,
4-1 official authority from a remote state permitting the practice of
4-2 nursing as a registered nurse, licensed practical nurse, or
4-3 licensed vocational nurse in the party state. All party states have
4-4 the authority, in accordance with existing state due process laws,
4-5 to take actions against the nurse's privilege, including
4-6 revocation, suspension, probation, or any other action that affects
4-7 a nurse's authorization to practice.
4-8 (i) "Nurse" means a registered nurse, licensed
4-9 practical nurse, or licensed vocational nurse as those terms are
4-10 defined by each party state's practice laws.
4-11 (j) "Party state" means any state that has enacted
4-12 this compact.
4-13 (k) "Remote state" means a party state, other than the
4-14 home state, in which:
4-15 (1) a patient is located at the time nursing
4-16 care is provided; or
4-17 (2) in the case of the practice of nursing not
4-18 involving a patient, the recipient of nursing practice is located.
4-19 (l) "Remote state action" means:
4-20 (1) an administrative, civil, equitable, or
4-21 criminal action permitted by a remote state's laws that are imposed
4-22 on a nurse by the remote state's licensing board or other
4-23 authority, including an action against an individual's multistate
4-24 licensing privilege to practice in the remote state; and
4-25 (2) a cease and desist order and other
4-26 injunctive or equitable orders issued by remote states or the
4-27 licensing boards of remote states.
5-1 (m) "State" means a state, territory, possession of
5-2 the United States, the District of Columbia, or the Commonwealth of
5-3 Puerto Rico.
5-4 (n) "State practice laws" means a party state's laws
5-5 and regulations that govern the practice of nursing, define the
5-6 scope of nursing practice, and create the methods and grounds for
5-7 imposing discipline. The term does not include the initial
5-8 qualifications for licensing or requirements necessary to obtain
5-9 and retain a license, except for qualifications or requirements of
5-10 the home state.
5-11 ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION. (a) A
5-12 license to practice registered nursing issued by a home state to a
5-13 resident in that state will be recognized by each party state as
5-14 authorizing a multistate licensing privilege to practice as a
5-15 registered nurse in the party state. A license to practice licensed
5-16 practical nursing or licensed vocational nursing issued by a home
5-17 state to a resident in that state will be recognized by each party
5-18 state as authorizing a multistate licensing privilege to practice
5-19 as a licensed practical nurse or vocational nurse in the party
5-20 state. To obtain or retain a license, an applicant must meet the
5-21 home state's qualifications for a license and license renewal as
5-22 well as all other applicable state laws.
5-23 (b) A party state may, in accordance with state due process
5-24 laws, limit or revoke the multistate licensing privilege of any
5-25 nurse to practice in the party state and may take any other
5-26 necessary actions under the party state's applicable laws to
5-27 protect the health and safety of the party state's citizens. If a
6-1 party state takes this action, the party state shall promptly
6-2 notify the administrator of the coordinated licensure information
6-3 system. The administrator of the coordinated licensure information
6-4 system shall promptly notify the home state of any such actions by
6-5 remote states.
6-6 (c) A nurse practicing in a party state must comply with the
6-7 state practice laws of the state in which the patient is located at
6-8 the time care is provided. The practice of nursing includes
6-9 patient care and all nursing practice defined by the party state's
6-10 practice laws. The practice of nursing will subject a nurse to the
6-11 jurisdiction of the nurse licensing board, the courts, and the laws
6-12 of the party state.
6-13 (d) This compact does not affect additional requirements
6-14 imposed by states for advanced practice registered nursing.
6-15 However, a multistate licensing privilege to practice registered
6-16 nursing granted by a party state shall be recognized by another
6-17 party state as a license to practice registered nursing if the
6-18 state's law requires the license as a precondition for qualifying
6-19 for advanced practice registered nurse authorization.
6-20 (e) Individuals not residing in a party state may apply for
6-21 a nurse license under the laws of a party state. However, the
6-22 license granted to these individuals will not be recognized as
6-23 granting the privilege to practice nursing in any other party state
6-24 unless explicitly agreed to by that party state.
6-25 ARTICLE 4. APPLICATION FOR LICENSE IN A PARTY STATE. (a)
6-26 Once an application for a license is submitted, the licensing board
6-27 in a party state shall ascertain, through the coordinated licensure
7-1 information system, whether:
7-2 (1) the applicant has held or is the holder of a
7-3 license issued by another state;
7-4 (2) a restriction exists on the multistate licensing
7-5 privilege; and
7-6 (3) any other adverse action by any state has been
7-7 taken against the license.
7-8 (b) A nurse in a party state shall hold a license that is
7-9 issued by the home state in only one party state at a time.
7-10 (c) A nurse who intends to change the nurse's primary state
7-11 of residence may apply for a license in the new home state in
7-12 advance of the change. However, a new license will not be issued by
7-13 a party state until a nurse provides satisfactory evidence to the
7-14 new home state's licensing board of a change in the nurse's primary
7-15 state of residence.
7-16 (d) When a nurse changes the nurse's primary state of
7-17 residence by moving from:
7-18 (1) a party state to another party state and obtains a
7-19 license from the new home state, the license from the former home
7-20 state is no longer valid;
7-21 (2) a non-party state to a party state and obtains a
7-22 license from the new home state, the individual state license
7-23 issued by the non-party state is not affected and remains in full
7-24 force if provided by the laws of the non-party state; and
7-25 (3) a party state to a non-party state, the license
7-26 issued by the prior home state converts to a state license valid
7-27 only in the former home state and does not entitle the nurse to the
8-1 multistate licensing privilege to practice in other party states.
8-2 ARTICLE 5. ADVERSE ACTIONS. (a) The licensing board of a
8-3 remote state shall promptly report to the administrator of the
8-4 coordinated licensure information system a remote state action and
8-5 the factual and legal basis for the action, if known. The licensing
8-6 board of a remote state shall promptly report any significant
8-7 current investigative information yet to result in a remote state
8-8 action. The administrator of the coordinated licensure information
8-9 system shall promptly notify the home state of these reports.
8-10 (b) The licensing board of a party state shall have the
8-11 authority to complete a pending investigation of a nurse who
8-12 changes the nurse's primary state of residence during the course of
8-13 the investigation and to take appropriate action. The licensing
8-14 board shall promptly report the conclusions of the investigations
8-15 to the administrator of the coordinated licensure information
8-16 system. The administrator of the coordinated licensure information
8-17 system shall promptly notify the new home state of any action.
8-18 (c) A remote state may take adverse action affecting the
8-19 multistate licensing privilege to practice in that party state.
8-20 However, only the home state has the power to impose adverse action
8-21 against the license issued by the home state.
8-22 (d) For purposes of imposing adverse action, the licensing
8-23 board of the home state shall give the same priority and effect to
8-24 reported conduct received from a remote state as it would to
8-25 conduct occurring in the home state. In so doing, the licensing
8-26 board shall apply its state laws to determine appropriate action.
8-27 (e) The home state may take adverse action based on the
9-1 factual findings of the remote state only if each state follows its
9-2 own procedures for imposing the adverse action.
9-3 (f) This compact does not affect a party state's decision
9-4 that participation in an alternative program may be used instead of
9-5 licensing action and that the participation shall remain non-public
9-6 if required by the party state's laws. Party states must require a
9-7 nurse who enters an alternative program to agree not to practice in
9-8 any other party state during the term of the alternative program
9-9 without prior authorization from the other party state.
9-10 ARTICLE 6. ADDITIONAL AUTHORITIES OF PARTY STATE NURSE
9-11 LICENSING BOARDS. (a) Notwithstanding any other powers, party
9-12 state nurse licensing boards have the authority to:
9-13 (1) if otherwise permitted by state law, recover from
9-14 the affected nurse the costs of investigations and disposition of
9-15 cases resulting from any adverse action taken against the nurse;
9-16 (2) issue subpoenas for hearings and investigations
9-17 that require the attendance and testimony of witnesses and the
9-18 production of evidence;
9-19 (3) issue a cease and desist order to limit or revoke
9-20 a nurse's authority to practice in the state; and
9-21 (4) adopt uniform rules as provided under Article 8(c)
9-22 of this compact.
9-23 (b) A subpoena issued by a nurse licensing board in a party
9-24 state for the attendance and testimony of witnesses or the
9-25 production of evidence from another party state shall be enforced
9-26 in the non-issuing party state by a court of competent jurisdiction
9-27 in accordance with the practice and procedure applicable to
10-1 subpoenas issued in proceedings pending before the court. The
10-2 issuing authority shall pay any witness fees, travel expenses,
10-3 mileage, and other fees required by the service statutes of the
10-4 state in which a witness or evidence is located.
10-5 ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM. (a)
10-6 All party states shall participate in a cooperative effort to
10-7 create a coordinated database of all licensed registered nurses,
10-8 licensed practical nurses, and licensed vocational nurses. This
10-9 system will include information on the licensing and disciplinary
10-10 history of each nurse, as contributed by party states, to assist in
10-11 the coordination of nurse licensing and enforcement efforts.
10-12 (b) Notwithstanding any other provision of law, all party
10-13 states' licensing boards shall promptly report to the coordinated
10-14 licensure information system adverse actions, actions against
10-15 multistate licensing privileges, any current significant
10-16 investigative information yet to result in adverse action, and
10-17 denials of applications and the reasons for the denials.
10-18 (c) Current significant investigative information shall be
10-19 transmitted only to party state licensing boards through the
10-20 coordinated licensure information system.
10-21 (d) Notwithstanding any other provision of law, all party
10-22 states' licensing boards that contribute information to the
10-23 coordinated licensure information system may designate information
10-24 that may not be shared with non-party states or disclosed to other
10-25 entities or individuals without the express permission of the
10-26 contributing state.
10-27 (e) Any personally identifiable information obtained by a
11-1 party state's licensing board from the coordinated licensure
11-2 information system may not be shared with non-party states or
11-3 disclosed to other entities or individuals except to the extent
11-4 permitted by the laws of the party state contributing the
11-5 information.
11-6 (f) Information contributed to the coordinated licensure
11-7 information system that is subsequently required to be expunged by
11-8 the laws of the party state contributing that information shall be
11-9 expunged from the coordinated licensure information system.
11-10 (g) Each compact administrator shall act jointly and in
11-11 consultation with the administrator of the coordinated licensure
11-12 information system to formulate necessary and proper procedures for
11-13 the identification, collection, and exchange of information under
11-14 this compact.
11-15 ARTICLE 8. COMPACT ADMINISTRATION AND EXCHANGE OF
11-16 INFORMATION. (a) The presiding officer of the nurse licensing
11-17 board of a party state or the presiding officer's designee shall be
11-18 the administrator of this compact for the state.
11-19 (b) The compact administrator of each party state shall
11-20 furnish to the compact administrator of each other party state
11-21 information and documents including a uniform data set of
11-22 investigations, identifying information, licensing data, and
11-23 disclosable alternative program participation information to
11-24 facilitate the administration of this compact.
11-25 (c) Compact administrators have the authority to develop
11-26 uniform rules to facilitate and coordinate implementation of this
11-27 compact. The uniform rules shall be adopted by party states under
12-1 Article 6(a)(4) of this compact.
12-2 ARTICLE 9. IMMUNITY. A party state or an officer, employee,
12-3 or agent of a party state's nurse licensing board who acts in
12-4 accordance with the provisions of this compact is not liable for
12-5 any good faith act or omission that occurs while the person is
12-6 performing the person's duties under this compact. Good faith in
12-7 this article does not include wilful misconduct, gross negligence,
12-8 or recklessness.
12-9 ARTICLE 10. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a)
12-10 This compact enters into force and takes effect for a state when
12-11 the state enacts this compact as law. A party state may withdraw
12-12 from the compact by enacting a statute repealing the compact, but a
12-13 withdrawal takes effect six months after the date the withdrawing
12-14 state gives notice of the withdrawal to the executive heads of all
12-15 other party states.
12-16 (b) No withdrawal shall affect the validity or applicability
12-17 by the licensing boards of states remaining party to the compact of
12-18 any report of adverse action occurring prior to the withdrawal.
12-19 (c) This compact does not invalidate or prevent any nurse
12-20 licensing agreement or other cooperative arrangement between a
12-21 party state and a non-party state that is made in accordance with
12-22 the other provisions of this compact.
12-23 (d) This compact may be amended by the party states. An
12-24 amendment to this compact is not effective or binding on the party
12-25 states unless and until all party states enact the amendment into
12-26 the law of each state.
12-27 ARTICLE 11. CONSTRUCTION AND SEVERABILITY. (a) This
13-1 compact shall be liberally construed to effectuate the compact's
13-2 purposes.
13-3 (b) This compact is severable. If a phrase, clause,
13-4 sentence, or provision of this compact is declared to be contrary
13-5 to the constitution of a party state or the United States or the
13-6 applicability of this compact to a government, agency, person, or
13-7 circumstance is held invalid, the validity and applicability of the
13-8 remainder of the compact to a government, agency, person, or
13-9 circumstance is not affected. If this compact is held to be
13-10 contrary to the constitution of a party state, the compact remains
13-11 in full force and effect for the other party states and in full
13-12 force and effect for the party state affected for all severable
13-13 matters.
13-14 (c) If the party states need to settle a dispute under the
13-15 compact the party states may submit the issues in dispute to an
13-16 arbitration panel comprised of:
13-17 (A) an individual appointed by the compact
13-18 administrator in the home state;
13-19 (B) an individual appointed by the compact
13-20 administrator in each remote state involved; and
13-21 (C) an individual mutually agreed upon by the compact
13-22 administrators of each party state involved in the dispute.
13-23 (d) The decision of a majority of the arbitrators shall be
13-24 final and binding.
13-25 Sec. 2. The executive directors of the Board of Nurse
13-26 Examiners and the Board of Vocational Nurse Examiners are the nurse
13-27 licensure compact administrators for this state. The executive
14-1 director of the Board of Nurse Examiners is responsible for
14-2 administering matters relating to registered nurses. The executive
14-3 director of the Board of Vocational Nurse Examiners is responsible
14-4 for administering matters relating to licensed vocational nurses.
14-5 Sec. 3. The Board of Nurse Examiners and the Board of
14-6 Vocational Nurse Examiners may adopt rules necessary to implement
14-7 this article.
14-8 Sec. 4. The terms "nurse," "registered nurse," and
14-9 "vocational nurse" include nurses licensed as registered nurses or
14-10 vocational nurses by a state that is a party to the Nurse Licensure
14-11 Compact. Unless the context indicates otherwise or doing so would
14-12 be inconsistent with the Nurse Licensure Compact, nurses practicing
14-13 in this state under a license issued by a state that is a party to
14-14 the Nurse Licensure Compact have the same rights and obligations as
14-15 imposed by the laws of this state on license holders of the Board
14-16 of Nurse Examiners or the Board of Vocational Nurse Examiners. The
14-17 Board of Nurse Examiners and the Board of Vocational Nurse
14-18 Examiners have the authority to determine whether a right or
14-19 obligation imposed on license holders applies to nurses practicing
14-20 in this state under a license issued by a state that is a party to
14-21 the Nurse Licensure Compact unless that determination is
14-22 inconsistent with the Nurse Licensure Compact.
14-23 Sec. 5. The Board of Nurse Examiners and the Board of
14-24 Vocational Nurse Examiners are the state agencies responsible for
14-25 taking action against registered and vocational nurses practicing
14-26 in this state under a license issued by a state that is a party to
14-27 the Nurse Licensure Compact as authorized by the Nurse Licensure
15-1 Compact. The action shall be taken in accordance with the same
15-2 procedures for taking action against registered and vocational
15-3 nurses licensed by this state.
15-4 Sec. 6. On request and payment of a reasonable fee, the
15-5 Board of Nurse Examiners and the Board of Vocational Nurse
15-6 Examiners shall provide a registered or vocational nurse licensed
15-7 by this state with a copy of information regarding the nurse
15-8 maintained by the Coordinated Licensure Information System under
15-9 Article 7 of the Nurse Licensure Compact. A board is not obligated
15-10 to provide information not available to the board or information
15-11 that is not available to the nurse under the laws of the state
15-12 contributing the information to the Coordinated Licensure
15-13 Information System.
15-14 Sec. 7. Practice-related information provided by the Board
15-15 of Nurse Examiners or the Board of Vocational Nurse Examiners to
15-16 registered or vocational nurses licensed by this state shall be
15-17 made available by the boards on request and at a reasonable cost to
15-18 nurses practicing in this state under a license issued by a state
15-19 that is a party to the Nurse Licensure Compact.
15-20 Sec. 8. The Nurse Licensure Compact expires on December 31,
15-21 2005, unless this section is repealed or the expiration date is
15-22 extended.
15-23 SECTION 2. Section 4, Article 4518, Revised Statutes, is
15-24 amended to read as follows:
15-25 Sec. 4. Any person practicing or offering to practice
15-26 professional nursing in this state for compensation, shall
15-27 hereafter be required to submit evidence to the Board that the
16-1 person is qualified to practice and shall be registered as provided
16-2 by this law unless the person is entitled to practice in this state
16-3 under the Nurse Licensure Compact under Article 4528b, Revised
16-4 Statutes.
16-5 SECTION 3. Section 1, Article 4519a, Revised Statutes, is
16-6 amended to read as follows:
16-7 Sec. 1. (a) An individual enrolled or planning to enroll in
16-8 an educational program that prepares an individual for an initial
16-9 license as a registered nurse who has reason to believe that the
16-10 individual is ineligible for the license may petition the board for
16-11 a declaratory order as to the individual's eligibility. The
16-12 petition must state the basis for the individual's potential
16-13 ineligibility. The board shall have the same powers to investigate
16-14 the petition and the individual's eligibility that it has to
16-15 investigate a person applying for a license. The petitioning
16-16 individual or the board may amend the petition at any time before a
16-17 final determination is made to include additional grounds for
16-18 potential ineligibility.
16-19 (b) If the board finds that a ground for ineligibility does
16-20 not exist, the board, instead of issuing an order, shall notify the
16-21 petitioner in writing listing each ground of potential
16-22 ineligibility and the board's determination.
16-23 (c) If the board proposes to find the petitioner ineligible
16-24 for a license, the petitioner is entitled to a hearing before the
16-25 board in accordance with Subsection (a), Article 4525, Revised
16-26 Statutes, as amended by Section 8, Chapter 840, Acts of the 73rd
16-27 Legislature, 1993. The board's order must set out each basis for
17-1 potential ineligibility and the board's determination as to
17-2 eligibility.
17-3 (d) In the absence of new evidence known to but not
17-4 disclosed by the petitioner or not reasonably available to the
17-5 board at the time the order is issued, the board's ruling on the
17-6 petition determines the individual's eligibility with respect to
17-7 the basis for potential ineligibility set out in the written notice
17-8 or order.
17-9 SECTION 4. Chapter 7, Title 71, Revised Statutes, is amended
17-10 by adding Article 4525.01 to read as follows:
17-11 Art. 4525.01. ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION.
17-12 (a) A person is subject to being refused admission to a licensing
17-13 examination, to denial of a license, or to disciplinary action by
17-14 the board if the person's privilege to practice nursing in another
17-15 jurisdiction is revoked, suspended, denied, or subjected to any
17-16 other disciplinary action.
17-17 (b) A certified copy of the order of denial, suspension, or
17-18 revocation of the privilege or the other action by the jurisdiction
17-19 is conclusive evidence of that action.
17-20 SECTION 5. Section 3, Article 4527a, Revised Statutes, is
17-21 amended to read as follows:
17-22 Sec. 3. (a) No person, unless he or she is licensed under
17-23 this chapter, may practice professional nursing or use in
17-24 connection with his or her name the title "registered nurse,"
17-25 "professional nurse," or "graduate nurse," the abbreviation "R.N.,"
17-26 or any designation tending to imply that he or she is a licensed
17-27 registered nurse.
18-1 (b) This section does not apply to a person practicing
18-2 professional nursing under the Nurse Licensure Compact under
18-3 Article 4528b, Revised Statutes.
18-4 SECTION 6. Section 2(a), Chapter 118, Acts of the 52nd
18-5 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
18-6 Civil Statutes), is amended to read as follows:
18-7 (a) A person may not use the designation Licensed Vocational
18-8 Nurse or the abbreviation L.V.N., unless such person shall hold a
18-9 license issued by the Board pursuant to the provisions of this Act.
18-10 This subsection does not apply to a person practicing vocational
18-11 nursing under the Nurse Licensure Compact under Article 4528b,
18-12 Revised Statutes.
18-13 SECTION 7. Section 10(a), Chapter 118, Acts of the 52nd
18-14 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
18-15 Civil Statutes), is amended to read as follows:
18-16 (a) The Board may refuse to admit persons to its
18-17 examinations, may refuse to issue or renew a license, may refuse to
18-18 issue a temporary permit, may issue a warning or reprimand, may
18-19 place on probation a person whose license has been suspended, or
18-20 may suspend or may revoke the license of any practitioner of
18-21 vocational nursing for any of the following reasons:
18-22 (1) violation of this Act or of any rule, regulation,
18-23 or order issued under this Act;
18-24 (2) commission of fraud or deceit in procuring or
18-25 attempting to procure a license to practice vocational nursing;
18-26 (3) conviction of a crime of the grade of felony or a
18-27 crime of a lesser grade which involves moral turpitude;
19-1 (4) use of any nursing license, certificate, diploma,
19-2 or permit or transcript of the license, certificate, diploma, or
19-3 permit, which has been fraudulently purchased, issued,
19-4 counterfeited, or materially altered;
19-5 (5) impersonation of or the acting as a proxy for
19-6 another in any examination required by law to obtain a license to
19-7 practice vocational nursing;
19-8 (6) knowingly aiding or abetting any unlicensed person
19-9 in connection with the unauthorized practice of vocational nursing;
19-10 (7) revocation, suspension, or denial of a license to
19-11 practice vocational or practical nursing in another jurisdiction or
19-12 revocation, suspension, or denial of a license or a privilege to
19-13 practice professional nursing in this state or in another
19-14 jurisdiction; certified copy of the order of denial, suspension,
19-15 or revocation shall be conclusive evidence of that fact;
19-16 (8) intemperate use of alcohol or drugs;
19-17 (9) unprofessional or dishonorable conduct that, in
19-18 the opinion of the Board, is likely to deceive, defraud, or injure
19-19 the public;
19-20 (10) adjudication of mental incompetency; or
19-21 (11) lack of fitness to practice by reason of mental
19-22 or physical health that may result in injury to patients or the
19-23 public.
19-24 SECTION 8. (a) Not later than January 1, 2000, the Board of
19-25 Nurse Examiners and the Board of Vocational Nurse Examiners shall
19-26 participate in a nurse licensure compact evaluation initiative
19-27 designed to evaluate the effectiveness and operability of the Nurse
20-1 Licensure Compact.
20-2 (b) The evaluation initiative shall be conducted by a
20-3 qualified researcher. A component of the evaluation initiative
20-4 shall be a state practice identification system through which
20-5 nurses designate the states in which they practice and that
20-6 provides for updating the information at the time of issuance and
20-7 renewal of licenses.
20-8 (c) The evaluation initiative shall continue at least
20-9 through June 1, 2004, after which a report shall be produced and
20-10 submitted for comment by the Board of Nurse Examiners and the Board
20-11 of Vocational Nurse Examiners.
20-12 (d) The report and the boards' comments shall be submitted
20-13 to the legislature not later than October 1, 2004, in the form of a
20-14 Nurse Licensure Compact evaluation report.
20-15 (e) The boards may accept and spend money made available by
20-16 the federal or state government or by another public or private
20-17 source to fund participation in the evaluation initiative.
20-18 SECTION 9. (a) Except as provided by Subsection (b) of this
20-19 section, this Act takes effect January 1, 2000.
20-20 (b) Article 4528b, Revised Statutes, as added by this Act,
20-21 takes effect January 1, 2000, unless the governor, on the
20-22 recommendation of the Board of Nurse Examiners and the Board of
20-23 Vocational Nurse Examiners, determines a later date would be in the
20-24 best interest of the state.
20-25 SECTION 10. The importance of this legislation and the
20-26 crowded condition of the calendars in both houses create an
20-27 emergency and an imperative public necessity that the
21-1 constitutional rule requiring bills to be read on three several
21-2 days in each house be suspended, and this rule is hereby suspended.