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78R3399 MXM-D

By:  Allen                                                        H.B. No. 1483


A BILL TO BE ENTITLED
AN ACT
relating to regulation of licensed vocational nurses by the Board of Nurse Examiners and the abolition of the Board of Vocational Nurse Examiners. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. MERGER OF BOARD OF VOCATIONAL NURSE EXAMINERS INTO
BOARD OF NURSE EXAMINERS
SECTION 1.001. Section 301.004(a), Occupations Code, is amended to read as follows: (a) This chapter does not apply to: (1) gratuitous nursing care of the sick that is provided by a friend; (2) [nursing care by a licensed vocational nurse licensed under Chapter 302; [(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 hold the person out as a registered or professional nurse unless the person is licensed in another state; (3) [(4)] nursing care in which treatment is solely by prayer or spiritual means; (4) [(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; (5) [(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; (6) [(7)] the practice of nursing that is incidental to a program of study by a student enrolled in a board-accredited nursing education program leading to an initial license as a professional nurse; or (7) [(8)] the practice of nursing by a registered nurse licensed in another state who is in this state on a nonroutine basis for a period not to exceed 72 hours to: (A) provide care to a patient being transported into, out of, or through this state; (B) provide professional nursing consulting services; or (C) attend or present a continuing nursing education program. SECTION 1.002. Section 301.051(a), Occupations Code, is amended to read as follows: (a) The Board of Nurse Examiners consists of 13 [nine] members appointed by the governor with the advice and consent of the senate as follows: (1) six [registered] nurse members, including: (A) one advanced practice nurse; (B) two registered nurses who are not advanced practice nurses or members of a nurse faculty; and (C) three licensed vocational nurses who are not members of a nurse faculty; and (2) three members who are nurse faculty members of schools of nursing, selected as follows: (A) one of whom is a nurse faculty member of a school of nursing offering the baccalaureate degree program; (B) one of whom is a nurse faculty member of a school of nursing offering the associate degree program; and (C) one of whom is a nurse faculty member of a [graduate] school of nursing offering vocational nurse training [preparing advanced practice nurses]; and (3) four [(2) three] members who represent the public. SECTION 1.003. Section 301.054, Occupations Code, is amended to read as follows: Sec. 301.054. TERMS. Members of the board serve staggered six-year terms, with the terms of as near one-third of the members as possible [one member who is a practicing registered nurse, one member who is a registered nurse engaged in nurse education, and one member who is a representative of the public] expiring on January 31 of each odd-numbered year. SECTION 1.004. Section 301.059(b), Occupations Code, is amended to read as follows: (b) The training program shall provide information to a participant regarding: (1) this chapter and Chapter 302; (2) the programs operated by the board; (3) the role and functions of the board; (4) the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority; (5) the current budget for the board; (6) the results of the most recent formal audit of the board; (7) the requirements of Chapters 551, 552, 2001, and 2002, Government Code; (8) the requirements of the conflict of interest laws and other laws relating to public officials; and (9) any applicable ethics policies adopted by the board or the Texas Ethics Commission. SECTION 1.005. Section 301.101(b), Occupations Code, is amended to read as follows: (b) Under the direction of the board, the executive director shall perform the duties required by this chapter or Chapter 302 or designated by the board. SECTION 1.006. Section 301.158, Occupations Code, is amended to read as follows: Sec. 301.158. DISSEMINATION OF INFORMATION. (a) The board shall disseminate, at least twice a year and at other times the board determines necessary, information that is of significant interest to professional nurses and employers of professional nurses in this state, including summaries of final disciplinary action taken against registered nurses by the board since its last dissemination of information. (b) The board may combine the dissemination of information under Subsection (a) with the dissemination of information required under Section 302.155. SECTION 1.007. Section 301.161(a), Occupations Code, is amended to read as follows: (a) The board shall aid in the enforcement of this chapter and Chapter 302. SECTION 1.008. Section 301.164, Occupations Code, is amended to read as follows: Sec. 301.164. ASSISTANCE OF PROSECUTOR. A board member may present to a prosecuting officer a complaint relating to a violation of this chapter or Chapter 302. The board, through its members, officers, counsel, or agents, shall assist in the trial of a case involving an alleged violation of this chapter or Chapter 302, subject to the control of the prosecuting officers. SECTION 1.009. Section 302.001(1), Occupations Code, is amended to read as follows: (1) "Board" means the Board of [Vocational] Nurse Examiners.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.001. Section 61.657(b), Education Code, is amended to read as follows: (b) The board shall appoint an eight-member advisory committee to advise the board concerning assistance provided under this subchapter to vocational nursing students. The advisory committee consists of: (1) a chair named by the board; (2) one representative named by the Licensed Vocational Nurses Association of Texas; (3) one representative named by the Texas Organization of Nurse Executives; (4) one representative named by the Board of [Vocational] Nurse Examiners; (5) two representatives of vocational nursing educational programs named by the Texas Association of Vocational Nurse Educators; (6) one representative named by the Texas Health Care Association; and (7) one representative named by the Texas Association of Homes for the Aging. SECTION 2.002. Section 232.002, Family Code, is amended to read as follows: Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The following are licensing authorities subject to this chapter: (1) Department of Agriculture; (2) Texas Commission on Alcohol and Drug Abuse; (3) Texas Alcoholic Beverage Commission; (4) Texas Appraiser Licensing and Certification Board; (5) Texas Board of Architectural Examiners; (6) State Board of Barber Examiners; (7) Texas Board of Chiropractic Examiners; (8) Comptroller of Public Accounts; (9) Texas Cosmetology Commission; (10) Court Reporters Certification Board; (11) State Board of Dental Examiners; (12) Texas State Board of Examiners of Dietitians; (13) Texas Funeral Service Commission; (14) Texas Department of Health; (15) Texas Department of Human Services; (16) Texas Board of Professional Land Surveying; (17) Texas Department of Licensing and Regulation; (18) Texas State Board of Examiners of Marriage and Family Therapists; (19) Texas State Board of Medical Examiners; (20) Midwifery Board; (21) Texas Commission on Environmental Quality [Natural Resource Conservation Commission]; (22) Board of Nurse Examiners; (23) Texas Board of Occupational Therapy Examiners; (24) Texas Optometry Board; (25) Parks and Wildlife Department; (26) Texas State Board of Examiners of Perfusionists; (27) Texas State Board of Pharmacy; (28) Texas Board of Physical Therapy Examiners; (29) Texas State Board of Plumbing Examiners; (30) Texas State Board of Podiatric Medical Examiners; (31) Polygraph Examiners Board; (32) Texas Commission on Private Security; (33) Texas State Board of Examiners of Professional Counselors; (34) Texas Board of Professional Engineers; (35) Department of Protective and Regulatory Services; (36) Texas State Board of Examiners of Psychologists; (37) Texas State Board of Public Accountancy; (38) Department of Public Safety of the State of Texas; (39) Public Utility Commission of Texas; (40) Railroad Commission of Texas; (41) Texas Real Estate Commission; (42) State Bar of Texas; (43) Texas State Board of Social Worker Examiners; (44) State Board of Examiners for Speech-Language Pathology and Audiology; (45) Texas Structural Pest Control Board; (46) Board of Tax Professional Examiners; (47) Secretary of State; (48) Supreme Court of Texas; (49) Texas Transportation Commission; (50) State Board of Veterinary Medical Examiners; (51) [Board of Vocational Nurse Examiners; [(52)] Texas Ethics Commission; (52) [(53)] Advisory Board of Athletic Trainers; (53) [(54)] State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments; (54) [(55)] Texas Board of Licensure for Professional Medical Physicists; (55) [(56)] Texas Department of Insurance; (56) [(57)] Texas Board of Orthotics and Prosthetics; (57) [(58)] savings and loan commissioner; (58) [(59)] Texas Juvenile Probation Commission; and (59) [(60)] Texas Lottery Commission under Chapter 466, Government Code. SECTION 2.003. Section 487.101(3), Government Code, is amended to read as follows: (3) "Postsecondary educational institution" means: (A) an institution of higher education, as defined by Section 61.003, Education Code; (B) a nonprofit, independent institution approved under Section 61.222, Education Code; or (C) a nonprofit, health-related school or program accredited by the Southern Association of Colleges and Schools, the Liaison Committee on Medical Education, the American Osteopathic Association, the Board of Nurse Examiners, [the Board of Vocational Nurse Examiners,] or, in the case of allied health, an accrediting body recognized by the United States Department of Education. SECTION 2.004. Section 487.151(2), Government Code, is amended to read as follows: (2) "Postsecondary educational institution" means: (A) an institution of higher education, as defined by Section 61.003, Education Code; (B) a nonprofit, independent institution approved under Section 61.222, Education Code; or (C) a nonprofit, health-related school or program accredited by the Southern Association of Colleges and Schools, the Liaison Committee on Medical Education, the American Osteopathic Association, the Board of Nurse Examiners, [the Board of Vocational Nurse Examiners,] or, in the case of allied health, an accrediting body recognized by the United States Department of Education. SECTION 2.005. Section 2054.252(a), Government Code, as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: (a) The following licensing authorities shall participate in the system established under Section 2054.253, as added by Chapter 353, Acts of the 77th Legislature, Regular Session, 2001: (1) State Board of Barber Examiners; (2) Texas Board of Chiropractic Examiners; (3) Texas Cosmetology Commission; (4) Court Reporters Certification Board; (5) State Board of Dental Examiners; (6) Texas Funeral Service Commission; (7) Texas Board of Professional Land Surveying; (8) Texas State Board of Medical Examiners; (9) Board of Nurse Examiners; (10) [Board of Vocational Nurse Examiners; [(11)] Texas Optometry Board; (11) [(12)] Texas Structural Pest Control Board; (12) [(13)] Texas State Board of Pharmacy; (13) [(14)] Executive Council of Physical Therapy and Occupational Therapy Examiners; (14) [(15)] Texas State Board of Plumbing Examiners; (15) [(16)] Texas State Board of Podiatric Medical Examiners; (16) [(17)] Board of Tax Professional Examiners; (17) [(18)] Polygraph Examiners Board; (18) [(19)] Texas State Board of Examiners of Psychologists; (19) [(20)] State Board of Veterinary Medical Examiners; (20) [(21)] Texas Real Estate Commission; (21) [(22)] Texas Appraiser Licensing and Certification Board; and (22) [(23)] Texas Department of Licensing and Regulation. SECTION 2.006. Section 81.010(c), Health and Safety Code, is amended to read as follows: (c) The council consists of one representative from each of the following agencies appointed by the executive director or commissioner of each agency: (1) the department; (2) the Texas Department of Mental Health and Mental Retardation; (3) the Texas Department of Human Services; (4) the Texas Commission on Alcohol and Drug Abuse; (5) the Texas Rehabilitation Commission; (6) the Texas Youth Commission; (7) the Texas Department of Criminal Justice; (8) the Texas Juvenile Probation Commission; (9) the Texas Commission for the Blind; (10) the Texas Commission for the Deaf and Hard of Hearing; (11) the Department of Protective and Regulatory Services; (12) the Texas Education Agency; (13) the Texas State Board of Medical Examiners; (14) the Board of Nurse Examiners; (15) [the Board of Vocational Nurse Examiners; [(16)] the State Board of Dental Examiners; (16) [(17)] the Health and Human Services Commission; (17) [(18)] the Texas Department on Aging; and (18) [(19)] the Texas Workforce Commission. SECTION 2.007. Section 142.022, Health and Safety Code, is amended to read as follows: Sec. 142.022. EXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES. (a) Sections 142.021 and 142.029 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Board of Nurse Examiners; (2) a student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience; (3) a graduate vocational nurse holding a temporary permit issued by the Board of [Vocational] Nurse Examiners; (4) a student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or (5) a trainee in a medication aide training program approved by the department under Section 142.024 who is administering medications as part of the trainee's clinical experience. (b) The administration of medications by persons exempted under Subdivisions (1) through (4) of Subsection (a) is governed by the terms of the memorandum of understanding executed by the department and the Board of Nurse Examiners [or the department and the Board of Vocational Nurse Examiners, as appropriate]. SECTION 2.008. Section 242.607, Health and Safety Code, is amended to read as follows: Sec. 242.607. EXEMPTIONS FOR NURSING STUDENTS AND MEDICATION AIDE TRAINEES. (a) Sections 242.606 and 242.614 do not apply to: (1) a graduate nurse holding a temporary permit issued by the Board of Nurse Examiners; (2) a student enrolled in an accredited school of nursing or program for the education of registered nurses who is administering medications as part of the student's clinical experience; (3) a graduate vocational nurse holding a temporary permit issued by the Board of [Vocational] Nurse Examiners; (4) a student enrolled in an accredited school of vocational nursing or program for the education of vocational nurses who is administering medications as part of the student's clinical experience; or (5) a trainee in a medication aide training program approved by the department under this subchapter who is administering medications as part of the trainee's clinical experience. (b) The administration of medications by persons exempted under Subdivisions (1) through (4) of Subsection (a) is governed by the terms of the memorandum of understanding executed by the department and the Board of Nurse Examiners [or the department and the Board of Vocational Nurse Examiners, as appropriate]. SECTION 2.009. Section 36.132(a)(2), Human Resources Code, is amended to read as follows: (2) "Licensing authority" means: (A) the Texas State Board of Medical Examiners; (B) the State Board of Dental Examiners; (C) the Texas State Board of Examiners of Psychologists; (D) the Texas State Board of Social Worker Examiners; (E) the Board of Nurse Examiners; (F) [the Board of Vocational Nurse Examiners; [(G)] the Texas Board of Physical Therapy Examiners; (G) [(H)] the Texas Board of Occupational Therapy Examiners; or (H) [(I)] another state agency authorized to regulate a provider who receives or is eligible to receive payment for a health care service under the Medicaid program. SECTION 2.010. Section 101.002, Occupations Code, is amended to read as follows: Sec. 101.002. COMPOSITION OF COUNCIL. The council consists of 15 members, with one member appointed by each of the following: (1) the Texas Board of Chiropractic Examiners; (2) the State Board of Dental Examiners; (3) the Texas Optometry Board; (4) the Texas State Board of Pharmacy; (5) the Texas State Board of Podiatric Medical Examiners; (6) the State Board of Veterinary Medical Examiners; (7) the Texas State Board of Medical Examiners; (8) the Board of Nurse Examiners, who must be a registered nurse; (9) the Texas State Board of Examiners of Psychologists; (10) the Board of [Vocational] Nurse Examiners, who must be a vocational nurse; (11) the Texas Funeral Service Commission; (12) the entity that regulates the practice of physical therapy; (13) the entity that regulates the practice of occupational therapy; (14) the health licensing division of the Texas Department of Health; and (15) the governor's office. SECTION 2.011. Section 203.402, Occupations Code, is amended to read as follows: Sec. 203.402. PROHIBITED REPRESENTATION. A midwife may not: (1) except as provided by Section 203.403, use in connection with the midwife's name a title, abbreviation, or designation tending to imply that the midwife is a "registered" or "certified" midwife as opposed to one who is documented under this chapter; (2) advertise or represent that the midwife is a physician or a graduate of a medical school unless the midwife is licensed to practice medicine by the Texas State Board of Medical Examiners; (3) use advertising or an identification statement that is false, misleading, or deceptive; or (4) except as authorized by rules adopted by the Board of Nurse Examiners [and the Board of Vocational Nurse Examiners], use in combination with the term "midwife" the term "nurse" or another title, initial, or designation that implies that the midwife is licensed as a registered nurse or licensed vocational nurse. SECTION 2.012. Section 304.002, Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: Sec. 304.002. ADMINISTRATION OF COMPACT. The executive director [directors] of the Board of Nurse Examiners is [and the Board of Vocational Nurse Examiners are] the Nurse Licensure Compact administrator [administrators] for this state. [The executive director of the Board of Nurse Examiners is responsible for administering matters relating to registered nurses. The executive director of the Board of Vocational Nurse Examiners is responsible for administering matters relating to licensed vocational nurses.] SECTION 2.013. Section 304.003, Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: Sec. 304.003. RULES. The Board of Nurse Examiners [and the Board of Vocational Nurse Examiners] may adopt rules necessary to implement this chapter. SECTION 2.014. Sections 304.004(b) and (c), Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, are amended to read as follows: (b) Unless the context indicates otherwise or doing so would be inconsistent with the Nurse Licensure Compact, nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact have the same rights and obligations as imposed by the laws of this state on license holders of the Board of Nurse Examiners [or the Board of Vocational Nurse Examiners]. (c) The Board of Nurse Examiners has [and the Board of Vocational Nurse Examiners have] the authority to determine whether a right or obligation imposed on license holders applies to nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact unless that determination is inconsistent with the Nurse Licensure Compact. SECTION 2.015. Section 304.005, Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: Sec. 304.005. ENFORCEMENT. The Board of Nurse Examiners is [and the Board of Vocational Nurse Examiners are] the state agency [agencies] responsible for taking action against registered and vocational nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact as authorized by the Nurse Licensure Compact. The action shall be taken in accordance with the same procedures for taking action against registered and vocational nurses licensed by this state. SECTION 2.016. Section 304.006(a), Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: (a) On request and payment of a reasonable fee, the Board of Nurse Examiners [and the Board of Vocational Nurse Examiners] shall provide a registered or vocational nurse licensed by this state with a copy of information regarding the nurse maintained by the coordinated licensure information system under Article 7 of the Nurse Licensure Compact. SECTION 2.017. Section 304.007, Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: Sec. 304.007. ACCESS TO PRACTICE-RELATED INFORMATION. Practice-related information provided by the Board of Nurse Examiners [or the Board of Vocational Nurse Examiners] to registered or vocational nurses licensed by this state shall be made available by the boards on request and at a reasonable cost to nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact. SECTION 2.018. Section 304.008(a), Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: (a) In reporting information to the coordinated licensure information system under Article 7 of the Nurse Licensure Compact, the Board of Nurse Examiners [and the Board of Vocational Nurse Examiners] may disclose personally identifiable information about the nurse, including social security number. SECTION 2.019. Section 304.009(a), Occupations Code, as added by Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001, is amended to read as follows: (a) The governor may withdraw this state from the Nurse Licensure Compact if the Board of Nurse Examiners [or the Board of Vocational Nurse Examiners] notifies the governor that a state that is party to the compact changed, after January 1, 1999, the state's requirements for licensing a nurse and that the state's requirements, as changed, are substantially lower than the requirements for licensing a nurse in this state.
ARTICLE 3. REPEALER; TRANSITION; EFFECTIVE DATE
SECTION 3.001. On February 1, 2004, the following laws are repealed: (1) Sections 302.002, 302.101, 302.104, 302.105, 302.106, 302.156, 302.157, 302.158, 303.002(a), Occupations Code; and (2) Subchapters B and E, Chapter 302, Occupations Code. SECTION 3.002. (a) 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) The term of one of two registered nurse members of the Board of Nurse Examiners scheduled to expire in 2007 expires January 31, 2004. Those members shall draw lots to determine whose term expires on that date. Effective February 1, 2004, the governor shall 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) Effective February 1, 2004, the governor shall appoint one person who shall 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) Effective February 1, 2004, the governor shall appoint three additional members to the Board of Nurse Examiners to serve in the position of licensed vocational nurse, as provided under Section 301.051, Occupations Code, as amended by this Act. In appointing those members, the governor shall 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) 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 related to Chapter 302, Occupations Code, is transferred to the Board of Nurse Examiners. (b) 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) In the period beginning on the effective date of this Act and ending on January 31, 2004, the Board of Vocational Nurse Examiners shall continue to perform functions and activities under Chapter 302, Occupations Code, or other law as if that chapter or other law had not been amended by this Act, and the former law is continued in effect for that purpose. SECTION 3.004. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2003. (b) Articles 1 and 2 of this Act take effect February 1, 2004.