C.S.H.B. 2324 78(R)    BILL ANALYSIS
 
 
 C.S.H.B. 2324
 By: McReynolds
 Public Health
 Committee Report (Substituted)
 
 
 
 BACKGROUND AND PURPOSE 
 Texas has had a critical shortage of RNs for a number of years.  In Fall
2000, the Center for Health and Economic Policy at the University of Texas
Health Science Center San Antonio issued a report about the extent and
causes of this shortage.  The conclusions of the study were that Texas was
facing a severe shortage which was different from the periodic nursing
shortages of years past and it was likely to worsen unless significant
steps were taken to address it.  The difference with the current shortage
is primarily driven by demographics rather than economic factors.  The RN
population was aging (average age of 45) which meant more RNs would be
reaching retirement age and the elderly population was growing which meant
more demand for health care and nursing services.  It was this combination
of declining supply and increasing demand that makes the shortage
critical.  The study also found a high level of dissatisfaction among RNs.
They were being required to care for more and sicker patients with lower
staffing levels.  To adequately address the shortage, Texas needed to
achieve two goals: 1) significantly increase enrollments in nursing
schools and 2) create a more attractive practice environment for nurses.   
 
The first step toward achieving these two goals were taken by 77th
Legislature by making approximately $11 million dollars of dramatic growth
funds available to increase RN enrollments and another $3 million in
tobacco lawsuit settlement fund proceeds for grants to promote innovation
in the recruitment and retention of students.  Using these funds nursing
school in public colleges and universities were able to increase
enrollments by 21% between Fall 2000 and Fall 2002. 

In August 2001, the Texas Department of Health's initiated its rulemaking
process to address one of the greatest concerns RNs have about the
workplace - adequate staffing.   The result was TDH adopting comprehensive
regulations governing nurse staffing in hospitals that included written
staffing plans, use of outcome measures to evaluate adequacy of staffing,
establishment of a nurse staffing advisory committee, and prohibiting
discrimination against nurses raising concerns about staffing levels. 

Despite these steps, Texas continues to face a critical shortage of RNs in
2003 with an average statewide vacancy rate in hospitals of over 12%.   

HB 2324 is designed to continue the process begun by TDH's adoption of its
hospital nurse staffing rules of creating a more attractive practice
environment for nurses - an environment that is more likely to attract
individuals to the profession and to retain them once they have become
licensed as RNs.  HB 2324 enacts several measures.  It will clarify the RN
mandatory reporting law so that RNs do not have to fear being reported to
the licensing board for minor incidents such as a single medication error
that causes no risk of harm to the patient.  It will authorize the BNE to
conduct pilots designed to maximize the reporting of system errors as
opposed to simply blaming individual RNs for outcomes caused more by
system deficiencies that any deficiency in the nurse's knowledge or
skills.  It will provide greater non-retaliation protections for RNs that
raise patient care concerns within the facility so RNs don't have to fear
negative consequences for advocating for their patients. It will protect
the use of title "nurse" and require RNs to be clearly identified so that
patients know who is providing their nursing care.  It will require
hospitals to have policies addressing workplace safety for nurses so that
nurses can practice in a workplace with less risk of injury and violence. 

RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Board of Nurse Examiners in SECTION 1, Section 301.1605,
Occupations Code of this bill. 

 

ANALYSIS
SECTION 1 adds Sections 301.1605 and 301.1606 to the Nursing Practice Act
to give the Board of Nurse Examiners authority to conduct pilots to
research innovative applications in the practice and regulation of
registered nurses. Section 301.1605 gives the board general authority to
conduct pilot projects.  Section 301.1606 directs the board to
specifically solicit pilots that evaluate reporting of errors involving
nurse that are designed to promote greater identification of system
errors.   

SECTION 2 limits the persons who can use of the title "nurse" to
registered nurses and licensed vocational nurses. 

SECTION 3:  Amends the heading to section 301.303, Occupations Code by
replacing education with competency.    

SECTION 4:  Authorizes the board to utilize mechanisms in addition
continuing education to assure the continued competency of registered
nurses a s part of the license renewal process. 

SECTION 5: Requires that the insignia that registered nurses wear to
identify themselves to the public as registered nurses be legible and
limits the information that can be included on that insignia. 

SECTION 6: Clarifies that reportable conduct as defined by the Nursing
Practice Act does not require the reporting of minor incidents not
required to be reported under rules adopted by the board.  
SECTION 7:  Authorizes registered nurses to report patient care concerns
to the facility where they practice or an agent of the facility.
Authorizing such reporting makes the non-retaliation protections of the
Nursing Practice Act applicable to such reports. 

SECTION 8:  Limits who can use the title "nurse assistant," "nurse aide,"
or similar title to those individuals who actually function in an
assistive role to a nurse. 

SECTION 9:  Requires the Board of Nurse Examiners in disciplining a
registered nurse to consider the extent to which any deficiency in care by
the RN was the result of factors beyond the RN's control such as system
errors. 

SECTION 10: Extends to licensed vocational nurses the protections of safe
harbor peer review currently available only to registered nurses. 

SECTION 11: Requires individual members of a nursing peer review committee
to abide by the decision reached by the committee as a whole by
prohibiting an individual member from reporting a nurse to the licensing
board simply because disagrees with the committee's decision. 
 
SECTION 12: Requires the a nursing peer review committee in reviewing a
nurse to consider the extent to which any deficiency in care by the nurse
was the result of factors beyond the RN's control such as system errors 

SECTION 13: Requires hospitals to adopt policies and procedures relating
to work environment for nurses and other personnel to reduce risk of
violence and injury and improve application of ergonomic principles and
use of ergonomically designed devices. 

SECTION 14: Requires a hospital to adopt policies and procedures required
by section 241.029, of this bill no later than January 1, 2004. 

SECTION 15: Contains the effective date of this Act.

EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


 COMPARISON OF ORIGINAL TO SUBSTITUTE

The C.S.H.B. 2324 differs from the original bill  by amending section
241.029(a)(5) of the Health and Safety Code  to include language  limiting
professionals covered under the section only to nurses. C.S.H.B. 2324
amends section 241.029(a)(5) by deleting personnel and replacing the term
with nurses.