By Zaffirini S.B. No. 20
76R1959 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and operation of a certification program
1-3 for certain nurse aides; providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle G, Title 2, Health and Safety Code, is
1-6 amended by adding Chapter 148 to read as follows:
1-7 CHAPTER 148. NURSE AIDE CERTIFICATION
1-8 Sec. 148.001. DEFINITIONS. Notwithstanding Section 11.001,
1-9 in this chapter:
1-10 (1) "Board" means the Texas Board of Human Services.
1-11 (2) "Department" means the Texas Department of Human
1-12 Services.
1-13 (3) "Nurse aide" means an individual who provides
1-14 nursing or nursing-related services to residents in a facility
1-15 regulated by the department and who:
1-16 (A) is not licensed or otherwise authorized to
1-17 practice as a health care professional;
1-18 (B) is not a registered dietitian; or
1-19 (C) is not a volunteer who provides the services
1-20 without pay.
1-21 Sec. 148.002. CERTIFICATE OF REGISTRATION REQUIRED. A
1-22 person may not act as a nurse aide unless the person:
1-23 (1) holds a certificate of registration issued by the
1-24 department under this chapter; and
2-1 (2) is listed in the nurse aide registry maintained by
2-2 the Texas Department of Human Services under the Omnibus Budget
2-3 Reconciliation Act of 1987 (Pub. L. No. 100-203).
2-4 Sec. 148.003. EXEMPTIONS. This chapter does not apply to:
2-5 (1) a registered professional nurse licensed by the
2-6 Board of Nurse Examiners;
2-7 (2) a student enrolled in an accredited school of
2-8 nursing or program for the education of registered nurses who is
2-9 providing services as part of the student's clinical experience;
2-10 (3) a graduate vocational nurse licensed by the Board
2-11 of Vocational Nurse Examiners; or
2-12 (4) a student enrolled in an accredited school of
2-13 vocational nursing or program for the education of vocational
2-14 nurses who is providing services as part of the student's clinical
2-15 experience.
2-16 Sec. 148.004. RULES; STANDARDS. (a) The board shall adopt
2-17 rules as necessary to implement this chapter.
2-18 (b) The board by rule shall adopt standards for the
2-19 performance of personal care services by a nurse aide. The
2-20 standards must meet any requirements for nurse aides adopted under
2-21 42 U.S.C. Section 1395i-3. The standards must include:
2-22 (1) minimum requirements for the issuance, denial,
2-23 renewal, suspension, emergency suspension, and revocation of a
2-24 certificate of registration to a nurse aide;
2-25 (2) curricula to train a nurse aide;
2-26 (3) minimum standards for the approval of nurse aide
2-27 training programs and for rescinding approval;
3-1 (4) the acts and practices that are allowed or
3-2 prohibited to a holder of a certificate of registration; and
3-3 (5) minimum standards for on-site supervision of a
3-4 nurse aide by appropriate licensed personnel.
3-5 Sec. 148.005. NURSE AIDE TRAINING PROGRAMS. (a) An
3-6 application for the approval of a nurse aide training program must
3-7 be made to the department on a form and under rules prescribed by
3-8 the board.
3-9 (b) The department shall approve a nurse aide training
3-10 program that meets the minimum standards adopted under Section
3-11 148.004. The department may review the approval annually.
3-12 Sec. 148.006. ISSUANCE AND RENEWAL OF NURSE AIDE CERTIFICATE
3-13 OF REGISTRATION. (a) An applicant for a nurse aide certificate of
3-14 registration or renewal certificate shall apply to the department
3-15 on a form prescribed by the board.
3-16 (b) The department shall prepare and conduct an examination
3-17 for the issuance of a certificate of registration.
3-18 (c) The department shall require a holder of a certificate
3-19 of registration to satisfactorily complete a continuing education
3-20 course approved by the department for renewal of the certificate.
3-21 (d) The department shall issue a certificate of registration
3-22 or renew a certificate to an applicant for an original or renewal
3-23 certificate who:
3-24 (1) meets the minimum requirements adopted under
3-25 Section 148.004;
3-26 (2) successfully completes the examination or the
3-27 continuing education requirements; and
4-1 (3) pays a nonrefundable application fee.
4-2 (e) A certificate of registration is valid for one year and
4-3 is not transferable.
4-4 Sec. 148.007. FEES. (a) The board by rule shall adopt fees
4-5 for filing an application and for the issuance and renewal of a
4-6 nurse aide certificate of registration.
4-7 (b) The board shall set the fees in amounts reasonable and
4-8 necessary to administer its functions under this chapter. The fees
4-9 may not exceed:
4-10 (1) $25 for a combined certificate application and
4-11 examination fee; and
4-12 (2) $15 for a renewal certificate application fee.
4-13 Sec. 148.008. DISCIPLINARY ACTIONS. (a) For the violation
4-14 of this chapter or a rule adopted under this chapter, the
4-15 department may:
4-16 (1) deny, suspend, revoke, or refuse to renew a
4-17 certificate of registration;
4-18 (2) suspend a certificate in an emergency; or
4-19 (3) rescind training program approval.
4-20 (b) Except as provided by Section 148.009, the procedure by
4-21 which the department takes a disciplinary action and the procedure
4-22 by which a disciplinary action is appealed are governed by the
4-23 department's rules for a formal hearing and by Chapter 2001,
4-24 Government Code.
4-25 Sec. 148.009. EMERGENCY SUSPENSION OF NURSE AIDE CERTIFICATE
4-26 OF REGISTRATION. (a) The board by order shall suspend a
4-27 certificate of registration issued under Section 148.006 if the
5-1 department has reasonable cause to believe that the conduct of the
5-2 certificate holder creates an imminent danger to the public health
5-3 or safety.
5-4 (b) An emergency suspension is effective immediately without
5-5 a hearing on notice to the certificate holder.
5-6 (c) If requested in writing by a certificate holder whose
5-7 certificate is suspended, the department shall conduct a hearing to
5-8 continue, modify, or rescind the emergency suspension.
5-9 (d) The hearing must be held not earlier than the 10th day
5-10 or later than the 30th day after the date on which the hearing
5-11 request is received.
5-12 (e) The hearing and an appeal from a disciplinary action
5-13 related to the hearing are governed by the department's rules for a
5-14 formal hearing and by Chapter 2001, Government Code.
5-15 Sec. 148.010. CRIMINAL PENALTY. (a) A person commits an
5-16 offense if the person knowingly acts as a nurse aide for
5-17 compensation in violation of this chapter or a rule adopted under
5-18 this chapter.
5-19 (b) An offense under this section is a Class B misdemeanor.
5-20 SECTION 2. (a) Except as provided by Subsection (b) of this
5-21 section, this Act takes effect September 1, 1999.
5-22 (b) Sections 148.002 and 148.010, Health and Safety Code, as
5-23 added by this Act, take effect January 1, 2000.
5-24 SECTION 3. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.