1-1 By: Carona S.B. No. 1285
1-2 (In the Senate - Filed March 8, 2001; March 12, 2001, read
1-3 first time and referred to Committee on Health and Human Services;
1-4 March 19, 2001, reported favorably by the following vote: Yeas 8,
1-5 Nays 0; March 19, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the practice of nursing.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 301.161, Occupations Code, is amended by
1-11 adding Subsection (d) to read as follows:
1-12 (d) The board may commission as a peace officer to enforce
1-13 this chapter an employee who has been certified as qualified to be
1-14 a peace officer by the Commission on Law Enforcement Officer
1-15 Standards and Education. An employee commissioned as a peace
1-16 officer under this subsection has the powers, privileges, and
1-17 immunities of a peace officer while carrying out duties as a peace
1-18 officer under this subsection, except that the employee may not
1-19 carry a firearm or make an arrest.
1-20 SECTION 2. Section 301.160, Occupations Code, is amended to
1-21 read as follows:
1-22 Sec. 301.160. PILOT PROJECTS [PROGRAMS]. (a) The board may
1-23 approve pilot and demonstration research projects for innovative
1-24 applications in the regulation and practice of professional
1-25 nursing.
1-26 (b) The board shall specify the procedures to be followed in
1-27 applying for approval of a project.
1-28 (c) The approval may include a provision granting an
1-29 exception to any rule adopted under this chapter. The board may
1-30 extend the time an exception to a rule is granted as necessary for
1-31 the board to adopt an amendment or modification of the rule. The
1-32 board may condition approval of a project on compliance with this
1-33 section and rules adopted under this section.
1-34 (d) This section does not expand the definition of
1-35 professional nursing under this chapter. [In this section:]
1-36 [(1) "Proactive nursing peer review" means peer review
1-37 that is not initiated to determine culpability with respect to a
1-38 particular incident.]
1-39 [(2) "Targeted continuing nursing education" means
1-40 continuing education focusing on a skill that would likely benefit
1-41 a significant proportion of registered nurses in a particular
1-42 practice area.]
1-43 [(b) The board may develop pilot programs to evaluate the
1-44 effectiveness of mechanisms, including proactive nursing peer
1-45 review and targeted continuing nursing education, for maintenance
1-46 of the clinical competency of a registered nurse in the nurse's
1-47 area of practice and the understanding by registered nurses of the
1-48 laws, including regulations, governing the practice of professional
1-49 nursing.]
1-50 [(c) A pilot program under Subsection (b) must be designed
1-51 to test the effectiveness of a variety of mechanisms in a variety
1-52 of practice settings.]
1-53 [(d) The board may approve a pilot program under Subsection
1-54 (b) that is to be conducted by a person other than the board.]
1-55 [(e) The board may spend funds to develop or fund a pilot
1-56 program and may contract with, make grants to, or make other
1-57 arrangements with an agency, professional association, institution,
1-58 individual, or other person to implement this section.]
1-59 [(f) In developing, administering, approving, and funding a
1-60 pilot program, the board shall consult with:]
1-61 [(1) the Competency Advisory Committee on matters
1-62 relating to ensuring the maintenance of continued competency of
1-63 registered nurses; and]
1-64 [(2) the Laws and Regulations Advisory Committee on
2-1 matters relating to ensuring that registered nurses understand the
2-2 laws, including regulations, governing the practice of professional
2-3 nursing.]
2-4 [(g) The Competency Advisory Committee is appointed by the
2-5 board and consists of the following members:]
2-6 [(1) a representative from the Texas Nurses
2-7 Association;]
2-8 [(2) a representative from the Texas Nurses
2-9 Foundation;]
2-10 [(3) a representative from the Texas Organization of
2-11 Nurse Executives;]
2-12 [(4) a registered nurse representative from the Texas
2-13 Hospital Association;]
2-14 [(5) a registered nurse representative from the Texas
2-15 Health Care Association;]
2-16 [(6) a registered nurse representative from the Texas
2-17 Association of Homes and Services for the Aging;]
2-18 [(7) a registered nurse representative from the Texas
2-19 Association for Home Care;]
2-20 [(8) a professional nursing educator;]
2-21 [(9) a representative from the Consumers Union;]
2-22 [(10) a representative from the Texas Department of
2-23 Mental Health and Mental Retardation; and]
2-24 [(11) any other person appointed by the board.]
2-25 [(h) The Laws and Regulations Advisory Committee is
2-26 appointed by the board and consists of the following members:]
2-27 [(1) a representative of the Texas Nurses Association;]
2-28 [(2) a representative of the Texas League for Nursing;]
2-29 [(3) a representative of the Texas Chapter of the
2-30 American Association of Nurse Attorneys;]
2-31 [(4) a representative of the Texas Organization of
2-32 Baccalaureate and Graduate Nursing Educators;]
2-33 [(5) a representative of the Texas Organization for
2-34 Associate Degree Nursing;]
2-35 [(6) a representative of the Texas Organization of
2-36 Nurse Executives;]
2-37 [(7) a representative of the American Association of
2-38 Retired Persons;]
2-39 [(8) a registered nurse researcher; and]
2-40 [(9) any other person appointed by the board.]
2-41 [(i) Except as provided by this subsection, in developing or
2-42 approving a pilot program under this section the board may exempt
2-43 the program from rules adopted under this chapter. Subchapter I
2-44 and Chapter 303 apply to pilot programs, except that Sections
2-45 303.002(e), 303.003, and 303.008(b) do not apply to a pilot program
2-46 using proactive peer review. The board may establish alternative
2-47 criteria for nursing peer review committees conducting proactive
2-48 peer review.]
2-49 [(j) The board shall issue an annual report regarding any
2-50 pilot programs developed or approved and a status report on those
2-51 programs, including preliminary or final findings concerning their
2-52 effectiveness. The board shall mail the report to statewide
2-53 associations of registered nurses, registered nurse educators, and
2-54 employers of registered nurses that request a copy. The board
2-55 shall issue a final report not later than September 1, 2000.]
2-56 SECTION 3. This Act takes effect September 1, 2001.
2-57 * * * * *