77R15581 GJH-F
By Carona S.B. No. 1285
Substitute the following for S.B. No. 1285:
By Capelo C.S.S.B. No. 1285
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the regulation of the practice of nursing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 301, Occupations Code, is
1-5 amended by adding Section 301.1605 to read as follows:
1-6 Sec. 301.1605. PILOT AND DEMONSTRATION RESEARCH PROJECTS.
1-7 (a) The board may approve pilot and demonstration research
1-8 projects for innovative applications in the regulation or practice
1-9 of professional nursing.
1-10 (b) The board shall specify the procedures to be followed in
1-11 applying for approval of a project. The board may condition
1-12 approval of a project on compliance with this section and rules
1-13 adopted under this section.
1-14 (c) Approval may include a provision granting an exception
1-15 to any rule adopted under this chapter.
1-16 (d) Approval may include the board's granting an exception
1-17 to the reporting requirements of Subchapter I if the project:
1-18 (1) is designed to evaluate the efficacy of
1-19 alternative reporting methods; and
1-20 (2) provides adequate protection from registered
1-21 nurses whose continued practice is a threat to public safety.
1-22 (e) This section does not expand the meaning of professional
1-23 nursing.
1-24 SECTION 2. Section 301.303, Occupations Code, is amended to
2-1 read as follows:
2-2 Sec. 301.303. CONTINUING COMPETENCY [EDUCATION]. (a) The
2-3 board may recognize, prepare, or implement a continuing competency
2-4 program [education programs] for license holders under this chapter
2-5 and may require participation in the program [continuing education
2-6 programs] as a condition of renewal of a license. The board may
2-7 allow a license holder to demonstrate continued competency through
2-8 mechanisms that include targeted continuing education,
2-9 certification, professional portfolio, and individual competency
2-10 evaluation.
2-11 (b) The board may not require participation in more than a
2-12 total of 20 hours of continuing education in a two-year licensing
2-13 period and may not require that more than 10 hours of the
2-14 continuing education consist of classroom instruction in approved
2-15 programs. The remaining hours of continuing education may consist
2-16 of any combination of:
2-17 (1) classroom instruction;
2-18 (2) institutional-based instruction; or
2-19 (3) individualized study.
2-20 (c) If the board requires participation in continuing
2-21 education programs as a condition of license renewal, the board by
2-22 rule shall establish a system for the approval of programs and
2-23 providers of continuing education.
2-24 (d) In adopting rules under Subsection (c), the board shall
2-25 consider, but is not obligated to approve:
2-26 (1) a program or provider approved or accredited
2-27 through the [Board of Accreditation of the] American Nurses
3-1 [Nurses'] Association Credentialing Center [or the National
3-2 Federation of Specialty Nursing Organizations]; and
3-3 (2) a nurse in-service program offered by a hospital
3-4 that is:
3-5 (A) accredited by the Joint Commission on
3-6 Accreditation of Healthcare Organizations;
3-7 (B) certified by Medicare; or
3-8 (C) maintained or operated by the federal
3-9 government or the state.
3-10 (e) The board may adopt [other] rules as necessary to
3-11 implement this section.
3-12 (f) The board may assess each program and provider under
3-13 this section a fee in an amount that is reasonable and necessary to
3-14 defray the costs incurred in approving programs and providers.
3-15 SECTION 3. Subchapter J, Chapter 301, Occupations Code, is
3-16 amended by adding Sections 301.4651 and 301.4652 to read as
3-17 follows:
3-18 Sec. 301.4651. PEACE OFFICERS. (a) The board may commission
3-19 as a peace officer to enforce this chapter an employee who has been
3-20 certified as a peace officer by the Commission on Law Enforcement
3-21 Officer Standards and Education.
3-22 (b) An employee commissioned as a peace officer under this
3-23 section has the powers, privileges, and immunities of a peace
3-24 officer while carrying out duties as a peace officer under this
3-25 chapter, except that the employee may not carry a firearm or make
3-26 an arrest.
3-27 Sec. 301.4652. CRIMINAL HISTORY RECORD INFORMATION. (a) In
4-1 addition to the board's authority under Subchapter F, Chapter 411,
4-2 Government Code, the board may directly request and receive
4-3 criminal history record information from the Federal Bureau of
4-4 Investigation.
4-5 (b) Criminal history record information received by the
4-6 board may only be used by the board and is privileged. Criminal
4-7 history record information may not be disclosed to any person
4-8 except:
4-9 (1) under a court order; or
4-10 (2) to a nursing board that is a member of the Nurse
4-11 Licensure Compact under Article 4528b, Revised Statutes.
4-12 (c) A person is entitled to a hearing under Section 301.454
4-13 if, because of criminal history record information obtained by the
4-14 board, the board proposes to:
4-15 (1) determine that a petitioner under Section 301.257
4-16 or a license applicant is ineligible for a license; or
4-17 (2) suspend or revoke a person's license or temporary
4-18 permit.
4-19 (d) The board shall adopt rules providing for the fair and
4-20 uniform application of this section.
4-21 SECTION 4. Section 301.457, Occupations Code, is amended by
4-22 adding Subsection (f) to read as follows:
4-23 (f) In making a determination under Subsection (e), the
4-24 board shall review the evidence to determine the extent to which
4-25 any deficiency in care by the registered nurse was the result of
4-26 deficiencies in the registered nurse's judgment, knowledge,
4-27 training, or skill rather than other factors. A determination that
5-1 a deficiency in care is attributable to a registered nurse must be
5-2 based on the extent to which the registered nurse's conduct was the
5-3 result of a deficiency in the registered nurse's judgment,
5-4 knowledge, training, or skill.
5-5 SECTION 5. Chapter 303, Occupations Code, is amended by
5-6 adding Section 303.011 to read as follows:
5-7 Sec. 303.011. EVALUATION BY COMMITTEE. In evaluating a
5-8 nurse's conduct, the committee shall review the evidence to
5-9 determine the extent to which any deficiency in care by the nurse
5-10 was the result of deficiencies in the nurse's judgment, knowledge,
5-11 training, or skill rather than other factors. A determination that
5-12 a deficiency in care is attributable to a nurse must be based on
5-13 the extent to which the nurse's conduct was the result of a
5-14 deficiency in the nurse's judgment, knowledge, training, or skill.
5-15 SECTION 6. Article 2.12, Code of Criminal Procedure, as
5-16 amended by Chapters 90, 322, 882, and 974, Acts of the 76th
5-17 Legislature, Regular Session, 1999, is amended to read as follows:
5-18 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
5-19 officers:
5-20 (1) sheriffs, their deputies, and those reserve
5-21 deputies who hold a permanent peace officer license issued under
5-22 Chapter 1701, Occupations [415, Government] Code;
5-23 (2) constables, deputy constables, and those reserve
5-24 deputy constables who hold a permanent peace officer license issued
5-25 under Chapter 1701, Occupations [415, Government] Code;
5-26 (3) marshals or police officers of an incorporated
5-27 city, town, or village, and those reserve municipal police officers
6-1 who hold a permanent peace officer license issued under Chapter
6-2 1701, Occupations [415, Government] Code;
6-3 (4) rangers and officers commissioned by the Public
6-4 Safety Commission and the Director of the Department of Public
6-5 Safety;
6-6 (5) investigators of the district attorneys', criminal
6-7 district attorneys', and county attorneys' offices;
6-8 (6) law enforcement agents of the Texas Alcoholic
6-9 Beverage Commission;
6-10 (7) each member of an arson investigating unit
6-11 commissioned by a city, a county, or the state;
6-12 (8) officers commissioned under Section 37.081,
6-13 Education Code, or Subchapter E, Chapter 51, Education Code;
6-14 (9) officers commissioned by the General Services
6-15 Commission;
6-16 (10) law enforcement officers commissioned by the
6-17 Parks and Wildlife Commission;
6-18 (11) airport police officers commissioned by a city
6-19 with a population of more than one million[, according to the most
6-20 recent federal census,] that operates an airport that serves
6-21 commercial air carriers;
6-22 (12) airport security personnel commissioned as peace
6-23 officers by the governing body of any political subdivision of this
6-24 state, other than a city described by Subdivision (11), that
6-25 operates an airport that serves commercial air carriers;
6-26 (13) municipal park and recreational patrolmen and
6-27 security officers;
7-1 (14) security officers commissioned as peace officers
7-2 by the comptroller;
7-3 (15) officers commissioned by a water control and
7-4 improvement district under Section 49.216, Water Code;
7-5 (16) officers commissioned by a board of trustees
7-6 under Chapter 54, Transportation Code [341, Acts of the 57th
7-7 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
7-8 Civil Statutes)];
7-9 (17) investigators commissioned by the Texas State
7-10 Board of Medical Examiners;
7-11 (18) officers commissioned by the board of managers of
7-12 the Dallas County Hospital District, the Tarrant County Hospital
7-13 District, or the Bexar County Hospital District under Section
7-14 281.057, Health and Safety Code;
7-15 (19) county park rangers commissioned under Subchapter
7-16 E, Chapter 351, Local Government Code;
7-17 (20) investigators employed by the Texas Racing
7-18 Commission;
7-19 (21) officers commissioned under Chapter 554,
7-20 Occupations Code [by the State Board of Pharmacy];
7-21 (22) officers commissioned by the governing body of a
7-22 metropolitan rapid transit authority under Section 451.108,
7-23 Transportation Code, or by a regional transportation authority
7-24 under Section 452.110, Transportation Code;
7-25 (23) investigators commissioned by the attorney
7-26 general under Section 402.009, Government Code;
7-27 (24) security officers and investigators commissioned
8-1 as peace officers under Chapter 466, Government Code;
8-2 (25) an officer employed by the Texas Department of
8-3 Health under Section 431.2471, Health and Safety Code;
8-4 (26) officers appointed by an appellate court under
8-5 Subchapter F, Chapter 53, Government Code;
8-6 (27) officers commissioned by the state fire marshal
8-7 under Chapter 417, Government Code;
8-8 (28) an investigator commissioned by the commissioner
8-9 of insurance under Article 1.10D, Insurance Code;
8-10 (29) apprehension specialists commissioned by the
8-11 Texas Youth Commission as officers under Section 61.0931, Human
8-12 Resources Code; [and]
8-13 (30) officers appointed by the executive director of
8-14 the Texas Department of Criminal Justice under Section 493.019,
8-15 Government Code;[.]
8-16 (31) [(30)] investigators commissioned by the
8-17 Commission on Law Enforcement Officer Standards and Education under
8-18 Section 1701.160, Occupations [415.016, Government] Code;[.]
8-19 (32) commission [(30) board] investigators
8-20 commissioned by the Texas Commission on Private Security under
8-21 Section 1702.061(f), Occupations Code; and
8-22 (33) officers commissioned by the Board of Nurse
8-23 Examiners under Chapter 301, Occupations Code [10(f), Private
8-24 Investigators and Private Security Agencies Act (Article
8-25 4413(29bb), Vernon's Texas Civil Statutes)].
8-26 SECTION 7. Section 301.160, Occupations Code, is repealed.
8-27 SECTION 8. (a) The Board of Nurse Examiners is a criminal
9-1 justice agency for the sole purpose of directly obtaining criminal
9-2 history record information maintained by the Federal Bureau of
9-3 Investigation.
9-4 (b) As soon as practicable after the effective date of this
9-5 Act, the executive director of the Board of Nurse Examiners shall
9-6 request from the appropriate office of the United States Department
9-7 of Justice a determination letter as to whether the Board of Nurse
9-8 Examiners is recognized as a criminal justice agency for the sole
9-9 purpose of directly obtaining criminal history record information
9-10 maintained by the Federal Bureau of Investigation.
9-11 (c) On receipt of the letter requested under Subsection (b)
9-12 of this section, the executive director of the Board of Nurse
9-13 Examiners shall give the letter to the secretary of state for
9-14 publication in the Texas Register.
9-15 SECTION 9. This Act takes effect September 1, 2001.