78R1911 SMH-F
By: Villarreal H.B. No. 311
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of licensed vocational nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 302, Occupations Code, is
amended by adding Section 302.0001 to read as follows:
Sec. 302.0001. SHORT TITLE. This chapter may be cited as
the Licensed Vocational Nursing Practice Act.
SECTION 2. Section 302.003, Occupations Code, is amended to
read as follows:
Sec. 302.003. APPLICATION OF CHAPTER. (a) This chapter
does not apply to:
(1) gratuitous nursing care of the sick that is
provided [without charge] by a friend;
(2) nursing care provided by a registered nurse
licensed under Chapter 301;
(3) nursing care provided during a disaster under the
state emergency management plan adopted under Section 418.042,
Government Code, if the person providing the care does not
represent that the person is a licensed vocational nurse, unless
the person is licensed in another state;
(4) nursing care in which treatment is provided solely
by prayer or spiritual means;
(5) an act performed by a person under the control or
supervision or at the instruction of a person licensed by the Texas
State Board of Medical Examiners;
(6) an act performed by a person licensed by another
state agency if the act is authorized by the statute under which the
person is licensed;
(7) the practice of nursing that is incidental to a
program of study by a student enrolled in a board-accredited
vocational nurse education program leading to an initial license as
a licensed vocational nurse; or
(8) the practice of nursing by a licensed vocational
nurse or licensed practical nurse licensed in another state who is
in this state on a nonroutine basis for a period not to exceed 120
hours to:
(A) provide care to a patient being transported
into, out of, or through this state;
(B) provide vocational nursing consulting
services; or
(C) attend or present a continuing nursing
education program.
(b) This chapter does not authorize the practice of medicine
as defined by Chapter 151. [or family member; or
[(2) a person who does not:
[(A) represent to the public that the person is a
licensed vocational nurse; or
[(B) use the abbreviation "L.V.N."]
SECTION 3. Section 302.056(b), Occupations Code, is amended
to read as follows:
(b) A board member may [not] receive reimbursement for
travel expenses[, including expenses for meals and lodging, other
than transportation expenses. A member is entitled to
reimbursement for transportation expenses] as provided by the
General Appropriations Act.
SECTION 4. Section 302.151(b), Occupations Code, is amended
to read as follows:
(b) The board may adopt and enforce rules consistent with
this chapter and [as] necessary to:
(1) perform [govern] its duties and conduct
proceedings before the board;
(2) regulate the practice of vocational nursing;
(3) establish standards of professional conduct for
license holders under this chapter; and
(4) determine whether an act constitutes the practice
of vocational nursing [and to implement the purposes of this
chapter].
SECTION 5. Section 302.255(a), Occupations Code, is amended
to read as follows:
(a) The director of education or the director of education's
designee shall visit and survey each vocational nursing institution
to determine whether the board's minimum requirements for
vocational nurse education programs are being met.
SECTION 6. Section 302.256(a), Occupations Code, is amended
to read as follows:
(a) The director of education or the director of education's
designee [board] periodically shall survey each vocational nurse
education program offered in this state. A written report of the
survey must be submitted to the board.
SECTION 7. Section 302.301(a), Occupations Code, is amended
to read as follows:
(a) A person may not practice vocational nursing or use the
designation "Licensed Vocational Nurse" or the abbreviation
"L.V.N." unless the person holds a license under this chapter.
SECTION 8. Section 302.307(b), Occupations Code, is amended
to read as follows:
(b) A temporary permit expires on the date:
(1) the applicant receives a permanent license from
the board; or
(2) the board notifies the applicant that the
applicant has failed the examination [a failing examination result
for the applicant is reported to the board].
SECTION 9. Subchapter G, Chapter 302, Occupations Code, is
amended by adding Section 302.312 to read as follows:
Sec. 302.312. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN
CONDUCT. (a) A person may not suspend, terminate, or otherwise
discipline or discriminate against a licensed vocational nurse who
refuses to engage in an act or omission relating to patient care
that would constitute a ground for disciplinary action under
Section 302.403 if the licensed vocational nurse notifies the
person at the time of the refusal that the reason for refusing is
that the act or omission:
(1) constitutes a ground for disciplinary action by
the board; or
(2) is a violation of this chapter or a rule of the
board.
(b) An act by a person under Subsection (a) does not
constitute a violation of this section if a nursing peer review
committee under Chapter 303 determines:
(1) that the act or omission the licensed vocational
nurse refused to engage in was not a ground for disciplinary action
under Section 302.403; or
(2) that:
(A) the act or omission the licensed vocational
nurse refused to engage in was a ground for disciplinary action
under Section 302.403; and
(B) the person:
(i) rescinds any disciplinary or
discriminatory action taken against the licensed vocational nurse;
(ii) compensates the licensed vocational
nurse for lost wages; and
(iii) restores to the licensed vocational
nurse any lost benefits.
(c) A licensed vocational nurse's rights under this section
may not be nullified by a contract.
(d) An appropriate licensing agency may take action against
a person who violates this section.
SECTION 10. Sections 302.057(c) and (d), Occupations Code,
are repealed.
SECTION 11. This Act takes effect September 1, 2003.