1-1 By: Maxey, et al. (Senate Sponsor - Moncrief) H.B. No. 1342
1-2 (In the Senate - Received from the House March 29, 1999;
1-3 March 30, 1999, read first time and referred to Committee on Health
1-4 Services; April 29, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 5, Nays 0; April 29, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Moncrief
1-7 Amend H.B. 1342 as follows:
1-8 1. Amend Section 1 by adding (on page 7 between lines 54 and
1-9 55) Secs. 8 and 9 to Article 4528b to read as follows and
1-10 renumbering remaining sections accordingly.
1-11 Sec. 8. In reporting information to the Coordinated
1-12 Licensure Information System under Article 7 of the Nurse Licensure
1-13 Compact, the Board of Nurse Examiners and the Board of Vocational
1-14 Nurse Examiners may disclose personally identifiable information
1-15 about the nurse including social security number. The Coordinated
1-16 Licensure Information System may not share personally identifying
1-17 information with a state not a party to the compact unless the
1-18 state agrees not to disclose that information to other persons.
1-19 Sec. 9. (a) The Governor may withdraw this state from the
1-20 Nurse Licensure Compact if the Board of Nurse Examiners or the
1-21 Board of Vocational Nurse Examiners notifies the governor that a
1-22 state that is party to the compact changed, after January 1, 1999,
1-23 the state's requirements for licensing a nurse and that the state's
1-24 requirements, as changed, are substantially lower than the
1-25 requirements for licensing a nurse in this state.
1-26 (b) The governor may completely withdraw this state from the
1-27 Nurse Licensure Compact or may limit withdrawal to the application
1-28 of the compact to registered nurses or licensed vocational nurses.
1-29 2. Add SECTION 8 to read as follows and renumber remaining
1-30 SECTIONS accordingly:
1-31 SECTION 8. Section 12, Chapter 118, Acts of the 52nd
1-32 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
1-33 Civil Statutes), is amended to read as follows:
1-34 Sec. 12. Approval of Vocational Nursing Programs. (a) Any
1-35 hospital in regular use for patients which has a registered nurse
1-36 in charge of nursing, and whose staff consists of one or more
1-37 licensed physicians licensed by the State Board of Medical
1-38 Examiners, may qualify as an approved hospital for Vocational Nurse
1-39 Education, provided it can and will meet requirements of the Board
1-40 for the education of Vocational Nurses.
1-41 (b) Any institution which shall be qualified under Section
1-42 5, and under regulations promulgated by the Board to conduct a
1-43 course in Vocational Nursing shall apply to the Board and shall
1-44 accompany said application with evidence that it is prepared to
1-45 give a course [of not less than twelve (12) months] approved by the
1-46 Board for the education of Vocational Nurses; such application
1-47 shall be accompanied by the appropriate fee provided for in Section
1-48 9 of this Act; upon receipt of such application the Board shall
1-49 cause a survey of the institution making such application to be
1-50 made by a qualified representative of such Board. If in the
1-51 opinion of a majority of the members of the Board, the requirements
1-52 for an approved course for Vocational Nursing are met by such
1-53 institution, such institution shall be placed on a list of such
1-54 institutions given for educating Vocational Nurses. It shall
1-55 further be the duty of the Board, from time to time, to survey all
1-56 courses for such education of Vocational Nurses offered within the
1-57 State. Written reports of such surveys shall be submitted to the
1-58 Board. If the Board shall determine as a result of such surveys
1-59 that any school, hospital or institution heretofore approved as an
1-60 institution of Vocational Nursing is not maintaining the standards
1-61 required by law and by the rules and regulations promulgated by the
1-62 Board, notice thereof shall immediately be given to such school,
1-63 hospital or institution. If the requirements of the Board are not
1-64 complied with within a reasonable time set by the Board in such
1-65 notices, such institution shall be removed from the list of
2-1 approved schools, hospitals or institutions offering courses for
2-2 Vocational Nurses in this State.
2-3 A BILL TO BE ENTITLED
2-4 AN ACT
2-5 relating to the practice of registered nurses and licensed
2-6 vocational nurses, including the adoption of an interstate compact
2-7 relating to licensing.
2-8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-9 SECTION 1. Chapter 7, Title 71, Revised Statutes, is amended
2-10 by adding Article 4528b to read as follows:
2-11 Art. 4528b. NURSE LICENSURE COMPACT
2-12 Sec. 1. The Nurse Licensure Compact is enacted and entered
2-13 into with all other jurisdictions that legally join in the compact,
2-14 which is as follows:
2-15 NURSE LICENSURE COMPACT
2-16 ARTICLE 1. FINDINGS AND DECLARATION OF PURPOSE. (a) The
2-17 party states find that:
2-18 (1) the health and safety of the public are affected
2-19 by the degree of compliance with and the effectiveness of
2-20 enforcement activities related to state nurse licensing laws;
2-21 (2) violations of nurse licensing and other laws
2-22 regulating the practice of nursing may result in injury or harm to
2-23 the public;
2-24 (3) the expanded mobility of nurses and the use of
2-25 advanced communication technologies as part of our nation's health
2-26 care delivery system require greater coordination and cooperation
2-27 among states in the areas of nurse licensing and regulation;
2-28 (4) new practice modalities and technology make
2-29 compliance with each state nurse licensing laws difficult and
2-30 complex; and
2-31 (5) the current system of the duplicative licensing of
2-32 nurses practicing in multiple states is cumbersome and redundant to
2-33 both nurses and the states.
2-34 (b) The general purposes of this compact are to:
2-35 (1) facilitate the states' responsibilities to protect
2-36 the public's health and safety;
2-37 (2) ensure and encourage the cooperation of party
2-38 states in the areas of nurse licensing and regulation;
2-39 (3) facilitate the exchange of information between
2-40 party states in the areas of nurse regulation, investigation, and
2-41 adverse action;
2-42 (4) promote compliance with the laws governing the
2-43 practice of nursing in each jurisdiction; and
2-44 (5) invest all party states with the authority to hold
2-45 a nurse accountable for meeting all state practice laws in the
2-46 state in which the patient is located at the time care is provided
2-47 through the mutual recognition of party state licenses.
2-48 ARTICLE 2. DEFINITIONS. In this compact:
2-49 (a) "Adverse action" means a home or remote state
2-50 action.
2-51 (b) "Alternative program" means a voluntary,
2-52 nondisciplinary monitoring program approved by a nurse licensing
2-53 board.
2-54 (c) "Coordinated licensure information system" means
2-55 an integrated process for collecting, storing, and sharing
2-56 information on nurse licensing and enforcement activities related
2-57 to nurse licensing laws, which is administered by a nonprofit
2-58 organization composed of and controlled by state nurse licensing
2-59 boards.
2-60 (d) "Current significant investigative information"
2-61 means:
2-62 (1) investigative information that a licensing
2-63 board, after a preliminary inquiry that includes notification and
2-64 an opportunity for the nurse to respond if required by state law,
2-65 has reason to believe is not groundless and, if proved true, would
2-66 indicate more than a minor infraction; or
2-67 (2) investigative information that indicates
3-1 that a nurse represents an immediate threat to public health and
3-2 safety regardless of whether the nurse has been notified and had an
3-3 opportunity to respond.
3-4 (e) "Home state" means the party state that is the
3-5 nurse's primary state of residence.
3-6 (f) "Home state action" means any administrative,
3-7 civil, equitable, or criminal action permitted by the home state's
3-8 laws that are imposed on a nurse by the home state's licensing
3-9 board or other authority, including actions against an individual's
3-10 license such as revocation, suspension, probation, or any other
3-11 action that affects a nurse's authorization to practice.
3-12 (g) "Licensing board" means a party state's regulatory
3-13 body responsible for issuing nurse licenses.
3-14 (h) "Multistate licensing privilege" means current,
3-15 official authority from a remote state permitting the practice of
3-16 nursing as a registered nurse, licensed practical nurse, or
3-17 licensed vocational nurse in the party state. All party states have
3-18 the authority, in accordance with existing state due process laws,
3-19 to take actions against the nurse's privilege, including
3-20 revocation, suspension, probation, or any other action that affects
3-21 a nurse's authorization to practice.
3-22 (i) "Nurse" means a registered nurse, licensed
3-23 practical nurse, or licensed vocational nurse as those terms are
3-24 defined by each party state's practice laws.
3-25 (j) "Party state" means any state that has enacted
3-26 this compact.
3-27 (k) "Remote state" means a party state, other than the
3-28 home state, in which:
3-29 (1) a patient is located at the time nursing
3-30 care is provided; or
3-31 (2) in the case of the practice of nursing not
3-32 involving a patient, the recipient of nursing practice is located.
3-33 (l) "Remote state action" means:
3-34 (1) an administrative, civil, equitable, or
3-35 criminal action permitted by a remote state's laws that are imposed
3-36 on a nurse by the remote state's licensing board or other
3-37 authority, including an action against an individual's multistate
3-38 licensing privilege to practice in the remote state; and
3-39 (2) a cease and desist order and other
3-40 injunctive or equitable orders issued by remote states or the
3-41 licensing boards of remote states.
3-42 (m) "State" means a state, territory, possession of
3-43 the United States, the District of Columbia, or the Commonwealth of
3-44 Puerto Rico.
3-45 (n) "State practice laws" means a party state's laws
3-46 and regulations that govern the practice of nursing, define the
3-47 scope of nursing practice, and create the methods and grounds for
3-48 imposing discipline. The term does not include the initial
3-49 qualifications for licensing or requirements necessary to obtain
3-50 and retain a license, except for qualifications or requirements of
3-51 the home state.
3-52 ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION. (a) A
3-53 license to practice registered nursing issued by a home state to a
3-54 resident in that state will be recognized by each party state as
3-55 authorizing a multistate licensing privilege to practice as a
3-56 registered nurse in the party state. A license to practice licensed
3-57 practical nursing or licensed vocational nursing issued by a home
3-58 state to a resident in that state will be recognized by each party
3-59 state as authorizing a multistate licensing privilege to practice
3-60 as a licensed practical nurse or vocational nurse in the party
3-61 state. To obtain or retain a license, an applicant must meet the
3-62 home state's qualifications for a license and license renewal as
3-63 well as all other applicable state laws.
3-64 (b) A party state may, in accordance with state due process
3-65 laws, limit or revoke the multistate licensing privilege of any
3-66 nurse to practice in the party state and may take any other
3-67 necessary actions under the party state's applicable laws to
3-68 protect the health and safety of the party state's citizens. If a
3-69 party state takes this action, the party state shall promptly
4-1 notify the administrator of the coordinated licensure information
4-2 system. The administrator of the coordinated licensure information
4-3 system shall promptly notify the home state of any such actions by
4-4 remote states.
4-5 (c) A nurse practicing in a party state must comply with the
4-6 state practice laws of the state in which the patient is located at
4-7 the time care is provided. The practice of nursing includes
4-8 patient care and all nursing practice defined by the party state's
4-9 practice laws. The practice of nursing will subject a nurse to the
4-10 jurisdiction of the nurse licensing board, the courts, and the laws
4-11 of the party state.
4-12 (d) This compact does not affect additional requirements
4-13 imposed by states for advanced practice registered nursing.
4-14 However, a multistate licensing privilege to practice registered
4-15 nursing granted by a party state shall be recognized by another
4-16 party state as a license to practice registered nursing if the
4-17 state's law requires the license as a precondition for qualifying
4-18 for advanced practice registered nurse authorization.
4-19 (e) Individuals not residing in a party state may apply for
4-20 a nurse license under the laws of a party state. However, the
4-21 license granted to these individuals will not be recognized as
4-22 granting the privilege to practice nursing in any other party state
4-23 unless explicitly agreed to by that party state.
4-24 ARTICLE 4. APPLICATION FOR LICENSE IN A PARTY STATE. (a)
4-25 Once an application for a license is submitted, the licensing board
4-26 in a party state shall ascertain, through the coordinated licensure
4-27 information system, whether:
4-28 (1) the applicant has held or is the holder of a
4-29 license issued by another state;
4-30 (2) a restriction exists on the multistate licensing
4-31 privilege; and
4-32 (3) any other adverse action by any state has been
4-33 taken against the license.
4-34 (b) A nurse in a party state shall hold a license that is
4-35 issued by the home state in only one party state at a time.
4-36 (c) A nurse who intends to change the nurse's primary state
4-37 of residence may apply for a license in the new home state in
4-38 advance of the change. However, a new license will not be issued by
4-39 a party state until a nurse provides satisfactory evidence to the
4-40 new home state's licensing board of a change in the nurse's primary
4-41 state of residence.
4-42 (d) When a nurse changes the nurse's primary state of
4-43 residence by moving from:
4-44 (1) a party state to another party state and obtains a
4-45 license from the new home state, the license from the former home
4-46 state is no longer valid;
4-47 (2) a non-party state to a party state and obtains a
4-48 license from the new home state, the individual state license
4-49 issued by the non-party state is not affected and remains in full
4-50 force if provided by the laws of the non-party state; and
4-51 (3) a party state to a non-party state, the license
4-52 issued by the prior home state converts to a state license valid
4-53 only in the former home state and does not entitle the nurse to the
4-54 multistate licensing privilege to practice in other party states.
4-55 ARTICLE 5. ADVERSE ACTIONS. (a) The licensing board of a
4-56 remote state shall promptly report to the administrator of the
4-57 coordinated licensure information system a remote state action and
4-58 the factual and legal basis for the action, if known. The licensing
4-59 board of a remote state shall promptly report any significant
4-60 current investigative information yet to result in a remote state
4-61 action. The administrator of the coordinated licensure information
4-62 system shall promptly notify the home state of these reports.
4-63 (b) The licensing board of a party state shall have the
4-64 authority to complete a pending investigation of a nurse who
4-65 changes the nurse's primary state of residence during the course of
4-66 the investigation and to take appropriate action. The licensing
4-67 board shall promptly report the conclusions of the investigations
4-68 to the administrator of the coordinated licensure information
4-69 system. The administrator of the coordinated licensure information
5-1 system shall promptly notify the new home state of any action.
5-2 (c) A remote state may take adverse action affecting the
5-3 multistate licensing privilege to practice in that party state.
5-4 However, only the home state has the power to impose adverse action
5-5 against the license issued by the home state.
5-6 (d) For purposes of imposing adverse action, the licensing
5-7 board of the home state shall give the same priority and effect to
5-8 reported conduct received from a remote state as it would to
5-9 conduct occurring in the home state. In so doing, the licensing
5-10 board shall apply its state laws to determine appropriate action.
5-11 (e) The home state may take adverse action based on the
5-12 factual findings of the remote state only if each state follows its
5-13 own procedures for imposing the adverse action.
5-14 (f) This compact does not affect a party state's decision
5-15 that participation in an alternative program may be used instead of
5-16 licensing action and that the participation shall remain non-public
5-17 if required by the party state's laws. Party states must require a
5-18 nurse who enters an alternative program to agree not to practice in
5-19 any other party state during the term of the alternative program
5-20 without prior authorization from the other party state.
5-21 ARTICLE 6. ADDITIONAL AUTHORITIES OF PARTY STATE NURSE
5-22 LICENSING BOARDS. (a) Notwithstanding any other powers, party
5-23 state nurse licensing boards have the authority to:
5-24 (1) if otherwise permitted by state law, recover from
5-25 the affected nurse the costs of investigations and disposition of
5-26 cases resulting from any adverse action taken against the nurse;
5-27 (2) issue subpoenas for hearings and investigations
5-28 that require the attendance and testimony of witnesses and the
5-29 production of evidence;
5-30 (3) issue a cease and desist order to limit or revoke
5-31 a nurse's authority to practice in the state; and
5-32 (4) adopt uniform rules as provided under Article 8(c)
5-33 of this compact.
5-34 (b) A subpoena issued by a nurse licensing board in a party
5-35 state for the attendance and testimony of witnesses or the
5-36 production of evidence from another party state shall be enforced
5-37 in the non-issuing party state by a court of competent jurisdiction
5-38 in accordance with the practice and procedure applicable to
5-39 subpoenas issued in proceedings pending before the court. The
5-40 issuing authority shall pay any witness fees, travel expenses,
5-41 mileage, and other fees required by the service statutes of the
5-42 state in which a witness or evidence is located.
5-43 ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM. (a)
5-44 All party states shall participate in a cooperative effort to
5-45 create a coordinated database of all licensed registered nurses,
5-46 licensed practical nurses, and licensed vocational nurses. This
5-47 system will include information on the licensing and disciplinary
5-48 history of each nurse, as contributed by party states, to assist in
5-49 the coordination of nurse licensing and enforcement efforts.
5-50 (b) Notwithstanding any other provision of law, all party
5-51 states' licensing boards shall promptly report to the coordinated
5-52 licensure information system adverse actions, actions against
5-53 multistate licensing privileges, any current significant
5-54 investigative information yet to result in adverse action, and
5-55 denials of applications and the reasons for the denials.
5-56 (c) Current significant investigative information shall be
5-57 transmitted only to party state licensing boards through the
5-58 coordinated licensure information system.
5-59 (d) Notwithstanding any other provision of law, all party
5-60 states' licensing boards that contribute information to the
5-61 coordinated licensure information system may designate information
5-62 that may not be shared with non-party states or disclosed to other
5-63 entities or individuals without the express permission of the
5-64 contributing state.
5-65 (e) Any personally identifiable information obtained by a
5-66 party state's licensing board from the coordinated licensure
5-67 information system may not be shared with non-party states or
5-68 disclosed to other entities or individuals except to the extent
5-69 permitted by the laws of the party state contributing the
6-1 information.
6-2 (f) Information contributed to the coordinated licensure
6-3 information system that is subsequently required to be expunged by
6-4 the laws of the party state contributing that information shall be
6-5 expunged from the coordinated licensure information system.
6-6 (g) Each compact administrator shall act jointly and in
6-7 consultation with the administrator of the coordinated licensure
6-8 information system to formulate necessary and proper procedures for
6-9 the identification, collection, and exchange of information under
6-10 this compact.
6-11 ARTICLE 8. COMPACT ADMINISTRATION AND EXCHANGE OF
6-12 INFORMATION. (a) The presiding officer of the nurse licensing
6-13 board of a party state or the presiding officer's designee shall be
6-14 the administrator of this compact for the state.
6-15 (b) The compact administrator of each party state shall
6-16 furnish to the compact administrator of each other party state
6-17 information and documents including a uniform data set of
6-18 investigations, identifying information, licensing data, and
6-19 disclosable alternative program participation information to
6-20 facilitate the administration of this compact.
6-21 (c) Compact administrators have the authority to develop
6-22 uniform rules to facilitate and coordinate implementation of this
6-23 compact. The uniform rules shall be adopted by party states under
6-24 Article 6(a)(4) of this compact.
6-25 ARTICLE 9. IMMUNITY. A party state or an officer, employee,
6-26 or agent of a party state's nurse licensing board who acts in
6-27 accordance with the provisions of this compact is not liable for
6-28 any good faith act or omission that occurs while the person is
6-29 performing the person's duties under this compact. Good faith in
6-30 this article does not include wilful misconduct, gross negligence,
6-31 or recklessness.
6-32 ARTICLE 10. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a)
6-33 This compact enters into force and takes effect for a state when
6-34 the state enacts this compact as law. A party state may withdraw
6-35 from the compact by enacting a statute repealing the compact, but a
6-36 withdrawal takes effect six months after the date the withdrawing
6-37 state gives notice of the withdrawal to the executive heads of all
6-38 other party states.
6-39 (b) No withdrawal shall affect the validity or applicability
6-40 by the licensing boards of states remaining party to the compact of
6-41 any report of adverse action occurring prior to the withdrawal.
6-42 (c) This compact does not invalidate or prevent any nurse
6-43 licensing agreement or other cooperative arrangement between a
6-44 party state and a non-party state that is made in accordance with
6-45 the other provisions of this compact.
6-46 (d) This compact may be amended by the party states. An
6-47 amendment to this compact is not effective or binding on the party
6-48 states unless and until all party states enact the amendment into
6-49 the law of each state.
6-50 ARTICLE 11. CONSTRUCTION AND SEVERABILITY. (a) This
6-51 compact shall be liberally construed to effectuate the compact's
6-52 purposes.
6-53 (b) This compact is severable. If a phrase, clause,
6-54 sentence, or provision of this compact is declared to be contrary
6-55 to the constitution of a party state or the United States or the
6-56 applicability of this compact to a government, agency, person, or
6-57 circumstance is held invalid, the validity and applicability of the
6-58 remainder of the compact to a government, agency, person, or
6-59 circumstance is not affected. If this compact is held to be
6-60 contrary to the constitution of a party state, the compact remains
6-61 in full force and effect for the other party states and in full
6-62 force and effect for the party state affected for all severable
6-63 matters.
6-64 (c) If the party states need to settle a dispute under the
6-65 compact the party states may submit the issues in dispute to an
6-66 arbitration panel comprised of:
6-67 (A) an individual appointed by the compact
6-68 administrator in the home state;
6-69 (B) an individual appointed by the compact
7-1 administrator in each remote state involved; and
7-2 (C) an individual mutually agreed upon by the compact
7-3 administrators of each party state involved in the dispute.
7-4 (d) The decision of a majority of the arbitrators shall be
7-5 final and binding.
7-6 Sec. 2. The executive directors of the Board of Nurse
7-7 Examiners and the Board of Vocational Nurse Examiners are the nurse
7-8 licensure compact administrators for this state. The executive
7-9 director of the Board of Nurse Examiners is responsible for
7-10 administering matters relating to registered nurses. The executive
7-11 director of the Board of Vocational Nurse Examiners is responsible
7-12 for administering matters relating to licensed vocational nurses.
7-13 Sec. 3. The Board of Nurse Examiners and the Board of
7-14 Vocational Nurse Examiners may adopt rules necessary to implement
7-15 this article.
7-16 Sec. 4. The terms "nurse," "registered nurse," and
7-17 "vocational nurse" include nurses licensed as registered nurses or
7-18 vocational nurses by a state that is a party to the Nurse Licensure
7-19 Compact. Unless the context indicates otherwise or doing so would
7-20 be inconsistent with the Nurse Licensure Compact, nurses practicing
7-21 in this state under a license issued by a state that is a party to
7-22 the Nurse Licensure Compact have the same rights and obligations as
7-23 imposed by the laws of this state on license holders of the Board
7-24 of Nurse Examiners or the Board of Vocational Nurse Examiners. The
7-25 Board of Nurse Examiners and the Board of Vocational Nurse
7-26 Examiners have the authority to determine whether a right or
7-27 obligation imposed on license holders applies to nurses practicing
7-28 in this state under a license issued by a state that is a party to
7-29 the Nurse Licensure Compact unless that determination is
7-30 inconsistent with the Nurse Licensure Compact.
7-31 Sec. 5. The Board of Nurse Examiners and the Board of
7-32 Vocational Nurse Examiners are the state agencies responsible for
7-33 taking action against registered and vocational nurses practicing
7-34 in this state under a license issued by a state that is a party to
7-35 the Nurse Licensure Compact as authorized by the Nurse Licensure
7-36 Compact. The action shall be taken in accordance with the same
7-37 procedures for taking action against registered and vocational
7-38 nurses licensed by this state.
7-39 Sec. 6. On request and payment of a reasonable fee, the
7-40 Board of Nurse Examiners and the Board of Vocational Nurse
7-41 Examiners shall provide a registered or vocational nurse licensed
7-42 by this state with a copy of information regarding the nurse
7-43 maintained by the Coordinated Licensure Information System under
7-44 Article 7 of the Nurse Licensure Compact. A board is not obligated
7-45 to provide information not available to the board or information
7-46 that is not available to the nurse under the laws of the state
7-47 contributing the information to the Coordinated Licensure
7-48 Information System.
7-49 Sec. 7. Practice-related information provided by the Board
7-50 of Nurse Examiners or the Board of Vocational Nurse Examiners to
7-51 registered or vocational nurses licensed by this state shall be
7-52 made available by the boards on request and at a reasonable cost to
7-53 nurses practicing in this state under a license issued by a state
7-54 that is a party to the Nurse Licensure Compact.
7-55 Sec. 8. The Nurse Licensure Compact expires on December 31,
7-56 2005, unless this section is repealed or the expiration date is
7-57 extended.
7-58 SECTION 2. Section 4, Article 4518, Revised Statutes, is
7-59 amended to read as follows:
7-60 Sec. 4. Any person practicing or offering to practice
7-61 professional nursing in this state for compensation, shall
7-62 hereafter be required to submit evidence to the Board that the
7-63 person is qualified to practice and shall be registered as provided
7-64 by this law unless the person is entitled to practice in this state
7-65 under the Nurse Licensure Compact under Article 4528b, Revised
7-66 Statutes.
7-67 SECTION 3. Section 1, Article 4519a, Revised Statutes, is
7-68 amended to read as follows:
7-69 Sec. 1. (a) An individual enrolled or planning to enroll in
8-1 an educational program that prepares an individual for an initial
8-2 license as a registered nurse who has reason to believe that the
8-3 individual is ineligible for the license may petition the board for
8-4 a declaratory order as to the individual's eligibility. The
8-5 petition must state the basis for the individual's potential
8-6 ineligibility. The board shall have the same powers to investigate
8-7 the petition and the individual's eligibility that it has to
8-8 investigate a person applying for a license. The petitioning
8-9 individual or the board may amend the petition at any time before a
8-10 final determination is made to include additional grounds for
8-11 potential ineligibility.
8-12 (b) If the board finds that a ground for ineligibility does
8-13 not exist, the board, instead of issuing an order, shall notify the
8-14 petitioner in writing listing each ground of potential
8-15 ineligibility and the board's determination.
8-16 (c) If the board proposes to find the petitioner ineligible
8-17 for a license, the petitioner is entitled to a hearing before the
8-18 board in accordance with Subsection (a), Article 4525, Revised
8-19 Statutes, as amended by Section 8, Chapter 840, Acts of the 73rd
8-20 Legislature, 1993. The board's order must set out each basis for
8-21 potential ineligibility and the board's determination as to
8-22 eligibility.
8-23 (d) In the absence of new evidence known to but not
8-24 disclosed by the petitioner or not reasonably available to the
8-25 board at the time the order is issued, the board's ruling on the
8-26 petition determines the individual's eligibility with respect to
8-27 the basis for potential ineligibility set out in the written notice
8-28 or order.
8-29 SECTION 4. Chapter 7, Title 71, Revised Statutes, is amended
8-30 by adding Article 4525.01 to read as follows:
8-31 Art. 4525.01. ADDITIONAL GROUNDS FOR DISCIPLINARY ACTION.
8-32 (a) A person is subject to being refused admission to a licensing
8-33 examination, to denial of a license, or to disciplinary action by
8-34 the board if the person's privilege to practice nursing in another
8-35 jurisdiction is revoked, suspended, denied, or subjected to any
8-36 other disciplinary action.
8-37 (b) A certified copy of the order of denial, suspension, or
8-38 revocation of the privilege or the other action by the jurisdiction
8-39 is conclusive evidence of that action.
8-40 SECTION 5. Section 3, Article 4527a, Revised Statutes, is
8-41 amended to read as follows:
8-42 Sec. 3. (a) No person, unless he or she is licensed under
8-43 this chapter, may practice professional nursing or use in
8-44 connection with his or her name the title "registered nurse,"
8-45 "professional nurse," or "graduate nurse," the abbreviation "R.N.,"
8-46 or any designation tending to imply that he or she is a licensed
8-47 registered nurse.
8-48 (b) This section does not apply to a person practicing
8-49 professional nursing under the Nurse Licensure Compact under
8-50 Article 4528b, Revised Statutes.
8-51 SECTION 6. Section 2(a), Chapter 118, Acts of the 52nd
8-52 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
8-53 Civil Statutes), is amended to read as follows:
8-54 (a) A person may not use the designation Licensed Vocational
8-55 Nurse or the abbreviation L.V.N., unless such person shall hold a
8-56 license issued by the Board pursuant to the provisions of this Act.
8-57 This subsection does not apply to a person practicing vocational
8-58 nursing under the Nurse Licensure Compact under Article 4528b,
8-59 Revised Statutes.
8-60 SECTION 7. Section 10(a), Chapter 118, Acts of the 52nd
8-61 Legislature, Regular Session, 1951 (Article 4528c, Vernon's Texas
8-62 Civil Statutes), is amended to read as follows:
8-63 (a) The Board may refuse to admit persons to its
8-64 examinations, may refuse to issue or renew a license, may refuse to
8-65 issue a temporary permit, may issue a warning or reprimand, may
8-66 place on probation a person whose license has been suspended, or
8-67 may suspend or may revoke the license of any practitioner of
8-68 vocational nursing for any of the following reasons:
8-69 (1) violation of this Act or of any rule, regulation,
9-1 or order issued under this Act;
9-2 (2) commission of fraud or deceit in procuring or
9-3 attempting to procure a license to practice vocational nursing;
9-4 (3) conviction of a crime of the grade of felony or a
9-5 crime of a lesser grade which involves moral turpitude;
9-6 (4) use of any nursing license, certificate, diploma,
9-7 or permit or transcript of the license, certificate, diploma, or
9-8 permit, which has been fraudulently purchased, issued,
9-9 counterfeited, or materially altered;
9-10 (5) impersonation of or the acting as a proxy for
9-11 another in any examination required by law to obtain a license to
9-12 practice vocational nursing;
9-13 (6) knowingly aiding or abetting any unlicensed person
9-14 in connection with the unauthorized practice of vocational nursing;
9-15 (7) revocation, suspension, or denial of a license to
9-16 practice vocational or practical nursing in another jurisdiction or
9-17 revocation, suspension, or denial of a license or a privilege to
9-18 practice professional nursing in this state or in another
9-19 jurisdiction; certified copy of the order of denial, suspension,
9-20 or revocation shall be conclusive evidence of that fact;
9-21 (8) intemperate use of alcohol or drugs;
9-22 (9) unprofessional or dishonorable conduct that, in
9-23 the opinion of the Board, is likely to deceive, defraud, or injure
9-24 the public;
9-25 (10) adjudication of mental incompetency; or
9-26 (11) lack of fitness to practice by reason of mental
9-27 or physical health that may result in injury to patients or the
9-28 public.
9-29 SECTION 8. (a) Not later than January 1, 2000, the Board of
9-30 Nurse Examiners and the Board of Vocational Nurse Examiners shall
9-31 participate in a nurse licensure compact evaluation initiative
9-32 designed to evaluate the effectiveness and operability of the Nurse
9-33 Licensure Compact.
9-34 (b) The evaluation initiative shall be conducted by a
9-35 qualified researcher. A component of the evaluation initiative
9-36 shall be a state practice identification system through which
9-37 nurses designate the states in which they practice and that
9-38 provides for updating the information at the time of issuance and
9-39 renewal of licenses.
9-40 (c) The evaluation initiative shall continue at least
9-41 through June 1, 2004, after which a report shall be produced and
9-42 submitted for comment by the Board of Nurse Examiners and the Board
9-43 of Vocational Nurse Examiners.
9-44 (d) The report and the boards' comments shall be submitted
9-45 to the legislature not later than October 1, 2004, in the form of a
9-46 Nurse Licensure Compact evaluation report.
9-47 (e) The boards may accept and spend money made available by
9-48 the federal or state government or by another public or private
9-49 source to fund participation in the evaluation initiative.
9-50 SECTION 9. (a) Except as provided by Subsection (b) of this
9-51 section, this Act takes effect January 1, 2000.
9-52 (b) Article 4528b, Revised Statutes, as added by this Act,
9-53 takes effect January 1, 2000, unless the governor, on the
9-54 recommendation of the Board of Nurse Examiners and the Board of
9-55 Vocational Nurse Examiners, determines a later date would be in the
9-56 best interest of the state.
9-57 SECTION 10. The importance of this legislation and the
9-58 crowded condition of the calendars in both houses create an
9-59 emergency and an imperative public necessity that the
9-60 constitutional rule requiring bills to be read on three several
9-61 days in each house be suspended, and this rule is hereby suspended.
9-62 * * * * *