SRC-VRA H.B. 2208 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2208
78R12174 JMM-DBy: Allen (Nelson)
Health & Human Services
5/19/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, Section 411.125 of the Texas Government Code provides
that the Board of Nurse Examiners is entitled to receive criminal
background checks from the Texas Department of Public Safety (DPS) and the
Federal Bureau of Investigation (FBI) for any applicant for licensure or
any person requesting a determination of eligibility for license from the
board. This bill relates to the authority of the Board of Nurse Examiners
to request and receive the DPS and FBI criminal history information of
applicants for licensure as a registered nurse and for currently licensed
registered nurses seeking to renew their licenses.  H.B. 2208 clarifies
the extent of the board's authority to require new license applicants or
currently licensed nurses to submit to the board a complete and legible
set of fingerprints necessary to obtain criminal history information from
the Federal Bureau of Investigation and Texas Department of Public Safety. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Board of Nurse Examiners
in SECTION 2  (Section 301.2511, Occupations Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 301, Occupations Code, by adding
Section 301.1615, as follows: 
 
Sec. 301.1615.  OBTAINING CRIMINAL HISTORY RECORD INFORMATION; HEARING.
(a)  Authorizes the Board of Nurse Examiners for the State of Texas (BNE),
in addition to the information to which BNE is entitled under Section
411.125, Government Code, to request and receive criminal history record
information from the Federal Bureau of Investigation as provided by
Section 411.087, Government Code. 
 
(b)  Authorizes criminal history record information received by BNE to be
used only by BNE and provides that it is privileged.  Prohibits the
information from being disclosed to any person other than certain
entities. 
 
(c)  Provides that if, on the basis of criminal history record information
obtained by BNE, BNE proposes to deny an application for a license, refuse
to renew a license, or suspend or revoke a license or temporary permit,
the applicant or license holder is entitled to a hearing under Section
301.454. 
 
SECTION 2.  Amends Subchapter F, Chapter 301, Occupations Code, by adding
Section 301.2511, as follows: 
 
Sec. 301.2511.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE
APPLICANTS.  (a)  Requires an applicant for a registered nurse license to
submit to BNE, in addition to satisfying the other requirements of this
subchapter, a complete and legible set of fingerprints, on a form
prescribed by BNE, for the purpose of obtaining criminal history record
information from the Department of Public Safety and the Federal Bureau of
Investigation. 
 
(b)  Authorizes BNE to deny a license to an applicant who does not comply
with  the requirement of Subsection (a).  Provides that issuance of a
license by BNE is conditioned on BNE obtaining the applicant's criminal
history record information under this section. 
 
(c)   Authorizes BNE by rule to develop a system for initiating the
process of obtaining criminal history record information for applicants
for a license under this chapter by requiring persons who enroll or plan
to enroll in an educational program that prepares a person for a license
as a registered nurse to submit BNE a set of fingerprints that meets the
requirements of Subsection (a).  Authorizes BNE to require payment of a
fee by a person who is required to submit a set of fingerprints under this
subsection. 
 
SECTION 3.  Amends Subchapter G, Chapter 301, Occupations Code, by adding
Section 301.3011, as follows: 
 
Sec. 301.3011.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR
RENEWAL.  (a)  Authorizes BNE to require that an applicant for renewal of
an unexpired license submit to BNE, in addition to satisfying any other
requirements for license renewal, a complete and legible set of
fingerprints, on a form prescribed by the board, for the purpose of
obtaining criminal history record information from the DPS and the Federal
Bureau of Investigation. 
 
(b)  Authorizes BNE to refuse to renew the license of a person who does
not comply with the requirement of Subsection (a).  Provides that renewal
of a license by BNE is conditioned on BNE obtaining the person's criminal
history record information under this section. 
 
SECTION 4.  Amends Section 411.125(a), Government Code, to provide that
BNE is entitled to obtain from DPS criminal history record information
maintained by DPS that relates to a person who is an applicant for or the
holder of a license issued by BNE. 

SECTION 5.(a)  Effective date:  September 1, 2003.
 
  (b) Makes application of this Act propective.