SRC-CTC S.B. 1285 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1285
By: Carona
Health & Human Services
3/16/2001
As Filed


DIGEST AND PURPOSE 

Currently, the Board of Nursing Examiners (board) does not have legislative
authority to facilitate requests for national background requests.  This is
due to the requirement of the Federal Bureau of Investigation (FBI), the
agency that maintains nationwide information on criminal history, that an
entity have the ability to commission a peace officer in order to have
access to FBI records.  Also, the 75th Legislature authorized the board to
conduct a three-year study on the mechanisms for assuring the continued
competency of registered nurses and knowledge of laws and regulations
governing nursing practice.  The pilot projects related to this study are
now concluded and ongoing authority to conduct pilot studies would be
beneficial to the board.  As proposed, S.B. 1285 authorizes the board to
commission a peace officer to facilitate access to criminal history records
and provides the board with ongoing authority to conduct pilot studies
regarding the regulation and practice of nursing. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 301.161, Occupations Code, to authorize the
Board of Nursing Examiners (board) to commission as a peace officer to
enforce this chapter an employee who has been certified as qualified to be
a peace officer by the Commission on Law Enforcement Officer Standards and
Education.  Provides that an employee commissioned as a peace officer under
this subtitle has the powers, privileges, and immunities of a peace officer
while carrying out duties as a peace officer under this subtitle, except
that the employee is prohibited from carrying a firearm or making an
arrest. 

SECTION 2.  Amends Section 301.160, Occupations Code, to authorize the
board to approve pilot and demonstration research projects for innovative
applications in the regulation and practice of professional nursing.
Requires the board to specify the procedures to be followed in applying for
approval of a project.  Authorizes the approval to include a provision
granting an exception to any rule adopted under this chapter.  Authorizes
the board to extend the time an exception to a rule is granted as necessary
for the board to adopt an amendment or modification of a rule.  Authorizes
the board to condition approval of a project on compliance with this
section and rules adopted under this section. Provides that this section
does not expand the definition of professional nursing under this chapter.
Deletes existing text of Sections 301.160(a)-(j). 

SECTION 3.  Effective date: September 1, 2001.