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.