78R12174 JMM-D


By:  Allen                                                        H.B. No. 2208



A BILL TO BE ENTITLED

AN ACT

relating to the regulation of the practice of professional nursing.           
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter D, Chapter 301, Occupations Code, is 
amended by adding Section 301.1615 to read as follows:
	Sec. 301.1615.  OBTAINING CRIMINAL HISTORY RECORD 
INFORMATION; HEARING.  (a)  In addition to the information to which 
the board is entitled under Section 411.125, Government Code, the 
board may request and receive criminal history record information 
from the Federal Bureau of Investigation as provided by Section 
411.087, Government Code.
	(b)  Criminal history record information received by the 
board may be used only by the board and is privileged.  The 
information may not be disclosed to any person other than:
		(1)  as required under a court order; or                               
		(2)  to a nursing board that is a member of the nurse 
licensure compact under Chapter 304.
	(c)  If, on the basis of criminal history record information 
obtained by the board, the board 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.  Subchapter F, Chapter 301, Occupations Code, is 
amended by adding Section 301.2511 to read as follows:
	Sec. 301.2511.  CRIMINAL HISTORY RECORD INFORMATION FOR 
LICENSE APPLICANTS.  (a)  An applicant for a registered nurse 
license must submit to the board, in addition to satisfying the 
other requirements of this subchapter, 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 
Department of Public Safety and the Federal Bureau of 
Investigation.
	(b)  The board may deny a license to an applicant who does not 
comply with the requirement of Subsection (a).  Issuance of a 
license by the board is conditioned on the board obtaining the 
applicant's criminal history record information under this 
section.
	(c)  The board by rule may 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 to the board a 
set of fingerprints that meets the requirements of Subsection (a).  
The board may require payment of a fee by a person who is required to 
submit a set of fingerprints under this subsection.
	SECTION 3.  Subchapter G, Chapter 301, Occupations Code, is 
amended by adding Section 301.3011 to read as follows:
	Sec. 301.3011.  CRIMINAL HISTORY RECORD INFORMATION 
REQUIREMENT FOR RENEWAL.  (a)  The board may require that an 
applicant for renewal of an unexpired license submit to the board, 
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 Department of Public Safety and 
the Federal Bureau of Investigation.
	(b)  The board may refuse to renew the license of a person who 
does not comply with the requirement of Subsection (a).  Renewal of 
a license by the board is conditioned on the board obtaining the 
person's criminal history record information under this section.
	SECTION 4.  Section 411.125(a), Government Code, is amended 
to read as follows:
	(a)  The Board of Nurse Examiners is entitled to obtain from 
the department criminal history record information maintained by 
the department that relates to a person who:
		(1)  is an applicant for or the holder of a license 
issued by [from] the board;
		(2)  has requested a determination of eligibility for a 
license from the board;  or
		(3)  is subject to investigation by the board in 
connection with a complaint or formal charge against the person.
	SECTION 5.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
application for the issuance or renewal of a license that is filed 
with the Board of Nurse Examiners on or after the effective date of 
this Act.  An application for the issuance or renewal of a license 
that is filed before the effective date of this Act is governed by 
the law in effect on the date the application was filed, and the 
former law is continued in effect for that purpose.