By: Carona S.B. No. 1285
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the practice of nursing.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 301.161, Occupations Code, is amended by
1-5 adding subsection (d) to read as follows:
1-6 (d) The board may commission as a peace officer to enforce
1-7 this chapter an employee who has been certified as qualified to be
1-8 a peace officer by the Commission on Law Enforcement Officer
1-9 Standards and Education. An employee commissioned as a peace
1-10 officer under this subtitle has the powers, privileges, and
1-11 immunities of a peace officer while carrying out duties as a peace
1-12 officer under this subtitle, except that the employee may not carry
1-13 a firearm or make an arrest.
1-14 SECTION 2. Section 301.160, Occupations Code, is amended to
1-15 read as follows:
1-16 (a) The board may approve pilot and demonstration research
1-17 projects for innovative applications in the regulation and practice
1-18 of professional nursing.
1-19 (b) The board shall specify the procedures to be followed in
1-20 applying for approval of a project.
1-21 (c) The approval may include a provision granting an
1-22 exception to any rule adopted under this chapter. The board may
1-23 extend the time an exception to a rule is granted as necessary for
2-1 the board to adopt an amendment or modification of the rule. The
2-2 board may condition approval of a project on compliance with this
2-3 section and rules adopted under this section.
2-4 (d) This section does not expand the definition of
2-5 professional nursing under this chapter.
2-6 [In this section:]
2-7 [(1) "Proactive nursing peer review" means peer review that
2-8 is not initiated to determine culpability with respect to a
2-9 particular incident.]
2-10 [(2) "Targeted continuing nursing education" means continuing
2-11 education focusing on a skill that would likely benefit a
2-12 significant proportion of registered nurses in a particular
2-13 practice area.]
2-14 [(b) The board may develop pilot programs to evaluate the
2-15 effectiveness of mechanisms, including proactive nursing peer
2-16 review and targeted continuing nursing education, for maintenance
2-17 of the clinical competency of a registered nurse in the nurse's
2-18 area of practice and the understanding by registered nurses of the
2-19 laws, including regulations, governing the practice of professional
2-20 nursing.]
2-21 [(c) A pilot program under Subsection (b) must be designed to
2-22 test the effectiveness of a variety of mechanisms in a variety of
2-23 practice settings.]
2-24 [(d) The board may approve a pilot program under Subsection
2-25 (b) that is to be conducted by a person other than the board.]
2-26 [(e) The board may spend funds to develop or fund a pilot
3-1 program and may contract with, make grants to, or make other
3-2 arrangements with an agency, professional association, institution,
3-3 individual, or other person to implement this section.]
3-4 [(f) In developing, administering, approving, and funding a
3-5 pilot program, the board shall consult with:]
3-6 [(1) the Competency Advisory Committee on matters
3-7 relating to ensuring the maintenance of continued competency of
3-8 registered nurses; and]
3-9 [(2) the Laws and Regulations Advisory Committee on
3-10 matters relating to ensuring that registered nurses understand the
3-11 laws, including regulations, governing the practice of professional
3-12 nursing.]
3-13 [(g) The Competency Advisory Committee is appointed by the
3-14 board and consists of the following members:]
3-15 [(1) a representative from the Texas Nurses
3-16 Association;]
3-17 [(2) a representative from the Texas Nurses Foundation;]
3-18 [(3) a representative from the Texas Organization of
3-19 Nurse Executives;]
3-20 [(4) a registered nurse representative from the Texas
3-21 Hospital Association;]
3-22 [(5) a registered nurse representative from the Texas
3-23 Health Care Association;]
3-24 [(6) a registered nurse representative from the Texas
3-25 Association of Homes and Services for the Aging;]
3-26 [(7) a registered nurse representative from the Texas
4-1 Association for Home Care;]
4-2 [(8) a professional nursing educator;]
4-3 [(9) a representative from the Consumers Union;]
4-4 [(10) a representative from the Texas Department of
4-5 Mental Health and Mental Retardation; and]
4-6 [(11) any other person appointed by the board.]
4-7 [(h) The Laws and Regulations Advisory Committee is appointed
4-8 by the board and consists of the following members:]
4-9 [(1) a representative of the Texas Nurses Association;]
4-10 [(2) a representative of the Texas League for Nursing;]
4-11 [(3) a representative of the Texas Chapter of the
4-12 American Association of Nurse Attorneys;]
4-13 [(4) a representative of the Texas Organization of
4-14 Baccalaureate and Graduate Nursing Educators;]
4-15 [(5) a representative of the Texas Organization for
4-16 Associate Degree Nursing;]
4-17 [(6) a representative of the Texas Organization of
4-18 Nurse Executives;]
4-19 [(7) a representative of the American Association of
4-20 Retired Persons;]
4-21 [(8) a registered nurse researcher; and]
4-22 [(9) any other person appointed by the board.]
4-23 [(i) Except as provided by this subsection, in developing or
4-24 approving a pilot program under this section the board may exempt
4-25 the program from rules adopted under this chapter. Subchapter I
4-26 and Chapter 303 apply to pilot programs, except that Sections
5-1 303.002(e), 303.003, and 303.008(b) do not apply to a pilot program
5-2 using proactive peer review. The board may establish alternative
5-3 criteria for nursing peer review committees conducting proactive
5-4 peer review.]
5-5 [(j) The board shall issue an annual report regarding any
5-6 pilot programs developed or approved and a status report on those
5-7 programs, including preliminary or final findings concerning their
5-8 effectiveness. The board shall mail the report to statewide
5-9 associations of registered nurses, registered nurse educators, and
5-10 employers of registered nurses that request a copy. The board
5-11 shall issue a final report not later than September 1, 2000.]
5-12 SECTION 3. This Act takes effect September 1, 2001.