SRC-EPT, VRA C.S.H.B. 1483 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1483
78R17490-EBy: Allen (Nelson)
Health & Human Services
5/22/2003
Committee Report (Substituted)
DIGEST AND PURPOSE 

Texas is one of only five states in the country with separate boards and
licensing acts for registered nurses (RNs) and licensed vocational nurses
(LVNs).  (The other four states are California, Louisiana, Georgia, and
West Virginia.) 

In Texas, the Board of Vocational Nurse Examiners regulates LVNs under
Chapter 302, Occupations Code, and the Board of Nurse Examiners regulates
RNs and Advanced Practice Nurses (Nurse Practitioners, Nurse Midwives,
Nurse Anesthetists, and Clinical Nurse Specialists) under Chapter 301,
Occupations Code.   

Nursing practice is on a continuum from those duties performed by less
educated/experienced nurses to those performed by nurses with more
education and experience.  From a public policy perspective, it makes
sense that a single board and a single licensing act regulate nursing
practice across that continuum, which would provide for more consistency
in policy and regulation.   

C.S.H.B. 1483 combines the jurisdiction of the Board of Nurse Examiners
and the Board of Vocational Nurse Examiners and a creates a single
licensing act for RNs and LVNs.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Board of Nurse Examiners
for the State of Texas in SECTION 1.015 (Section 301.252, Occupations
Code), SECTION 1.026 (Section 301.305, Occupations Code), and SECTION
3.005, of this bill. 

Provides that a rule or form adopted by the Board of Vocational Nurse
Examiners is a rule or form of the Board of Nurse Examiners and remains in
effect until amended or replaced by that board in SECTION 3.003. 


SECTION BY SECTION ANALYSIS

ARTICLE 1.  SINGLE NURSING BOARD

SECTIONS 1.001-1.056.  Abolishes the Board of Vocational Nurse Examiners
and transfers its powers to the Board of Nurse Examiners (BNE).  Applies
standard Sunset language continuing the Board of Nurse Examiners until
September 1, 2007, rather than September 1, 2005. 

ARTICLE 2.  CONFORMING AMENDMENTS

SECTIONS 2.001-2.030.  Makes conforming amendments to various sections of
the Civil Practice, Education, Government, Health and Safety, and
Occupations Codes.  (pages 34-56 of bill). 
  
ARTICLE 3.  REPEALER; TRANSITION; EFFECTIVE DATE

SECTIONS 3.001-3.006.  Makes the following repeals, transitions, and
effective dates: 

SECTION 3.001.  Repealer: On February 1, 2004, the following laws are
repealed: 
  
   (1)  Chapter 302, Occupations Code; and
   
(2)  Section 303.002(a) (relating to adopting rules in consultation with
the Board of Vocational Nurse Examiners), Occupations Code. 

SECTION 3.002 (a)  Provides that this section provides for the appointment
of members to  
the Board of Nurse Examiners for terms beginning February 1, 2004, to
establish the staggering of members' terms in accordance with Sections
301.051 and 301.054, Occupations Code, as amended by this Act. 

(b)  Provides that the term of one of two registered nurse members of the
Board of Nurse Examiners scheduled to expire in 2007 expires January 31,
2004.  Requires those members to agree or draw lots to determine whose
term expires on that date.  Requires the governor, effective February 1,
2004, to appoint one person who is a nurse faculty member of a school of
nursing offering vocational nurse training to fill that vacancy and to
serve a term expiring January 31, 2007. 

(c)  Requires the governor, effective February 1, 2004, to appoint one
person who must serve as a public member of the Board of Nurse Examiners
with a term expiring January 31, 2009, as provided under Section 301.051,
Occupations Code, as amended by this Act. 

(d)  Requires the governor, effective February 1, 2004, to appoint three
additional members to the Board of Nurse Examiners to serve in the
position of vocational nurse, as provided under Section 301.051,
Occupations Code, as amended by this Act.  Requires the governor, in
appointing those members, to appoint one person to a term expiring January
31, 2005, one to a term expiring January 31, 2007, and one to a term
expiring January 31, 2009. 

SECTION 3.003.(a)  Provides that on February 1, 2004:
  
(1)  all functions and activities performed by the Board of Vocational
Nurse Examiners immediately before that date are transferred to the Board
of Nurse Examiners; 
  
(2)  a rule or form adopted by the Board of Vocational Nurse Examiners is
a rule or form of the Board of Nurse Examiners and remains in effect until
amended or replaced by that board; 
  
(3)  a reference in law or an administrative rule to the Board of
Vocational Nurse Examiners means the Board of Nurse Examiners; 
  
(4)  a complaint, investigation, or other proceeding before the Board of
Vocational Nurse Examiners is transferred without change in status to the
Board of Nurse Examiners, and the Board of Nurse Examiners assumes, as
appropriate and without a change in status, the position of the Board of
Vocational Nurse Examiners in an action or proceeding to which the Board
of Vocational Nurse Examiners is a party; 
  
(5)  all money, contracts, leases, property, and obligations of the Board
of Vocational Nurse Examiners are transferred to the Board of Nurse
Examiners; 
  
(6)  a license issued by the Board of Vocational Nurse Examiners is a
license of the Board of Nurse Examiners; 
  
(7)  an employee of the Board of Vocational Nurse Examiners, except for
the Board of Vocational Nurse Examiners' executive director, becomes an
employee of the Board of Nurse Examiners; and 
  
(8)  the unexpended and unobligated balance of any money appropriated by
the legislature for the Board of Vocational Nurse Examiners is transferred
to the Board of Nurse Examiners. 
 
(b)  Provides that before February 1, 2004, the Board of Vocational Nurse
Examiners may agree with the Board of Nurse Examiners to transfer any
property of the Board of Vocational Nurse Examiners to the Board of Nurse
Examiners to implement the transfer required by this section. 

(c) Requires the Board of Vocational Nurse Examiners, in the period
beginning on the effective date of this Act and ending on January 31,
2004,  to continue to perform functions and activities under Chapter 302,
Occupations Code, or other law as if that chapter had not been repealed or
other law had not been amended by this Act, and provides that the former
law is continued in effect for that purpose. 

SECTION 3.004.(a)  Requires BNE, not later than June 1, 2004, to adopt the
rules required by Section 301.305, Occupations Code, as added by this Act. 

(b)  Prohibits a license holder from being required to complete the
continuing education requirements imposed by Section 301.305, Occupations
Code, as added by this Act, before June 1, 2006. 

(c)  Provides that as part of the next review conducted under Section
301.003, Occupations Code, as amended by this Act, the Sunset Advisory
Commission must evaluate the necessity and effectiveness of mandating
continuing education courses for nurses on specific topics. 
 
SECTION 3.005.  Provides that in the event of a conflict between a
provision of this Act and another Act passed by the 78th Legislature,
Regular Session, 2003, that becomes law, this Act prevails and controls
regardless of the relative dates of enactment. 
 
SECTION 3.006.(a)  Effective date:  September 1, 2003.
   
   (b)  Provides that Article 2 of this Act takes effect February 1, 2004.