C.S.H.B. 2208 78(R)    BILL ANALYSIS
      

C.S.H.B. 2208
By: Allen
Public Health
Committee Report (Substituted)

BACKGROUND 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.  The bill 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
It is the author's opinion that rulemaking authority is expressly granted
to the Board of Nurse Examiners in SECTION 2 (Section 301.2511,
Occupations Code) of this bill. 

ANALYSIS
This bill creates Section 301.1615, Texas Occupations Code and restates
the Board's authority to receive FBI data that is currently contained in
Texas Government Code, Section 411.125.  Further, the section allows that
the records must only be used by the Board and may not be disclosed to any
other person other than by court order or to other nursing boards who are
members of the nurse licensure compact under Chapter 304, Texas
Occupations Code.  Finally, Section 301.1615 provides the applicant or
license holder a right to an administrative hearing if the Board proposes
adverse licensure action as a result of criminal history information. 

This bill creates Section 301.2511, of the Texas Occupations Code which
clarifies the board's authority to obtain FBI fingerprint cards from new
applicants for licensure.  The section requires submission of a complete
and legible set of fingerprints for the purpose of obtaining criminal
history records.  Section 301.2511 provides that it is ground to deny an
applicant licensure for failing to submit the fingerprint card and
specifically conditions the granting of a license on the receipt of the
criminal history information.  The bill specifies that the board may adopt
rules to develop a system for obtaining criminal history information that
includes requiring persons enrolled, or planning to enroll, in nursing
school to submit to the Board the required fingerprint cards along with a
fee. 

In addition the  bill creates section 301.3011, of the Texas Occupations
Code which grants the board the authority to require the submission of FBI
fingerprint cards for nurses seeking to renew an unexpired nursing
license.  Section 301.3011 authorizes the Board to refuse to renew a
license to a person who does not comply and conditions renewal of the
license on receipt of the criminal history information. Sections 301.1615,
301.2511 and 301.3011 will apply only to an application for license or
renewal of a license filed with the Board after the effective date of the
Act. 

The bill also amends Section 411.125(a) of the Texas Government Code to
specifically allow the Board to receive state and federal criminal history
information regarding its current license holders. 

EFFECTIVE DATE
September 1, 2003. 

COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute  modifies the original by amending Section 411.125(a) of
the Texas Government Code to specifically allow the Board to receive state
and federal criminal history information regarding its current license
holders.