By: Allen (Senate Sponsor - Nelson) H.B. No. 2208
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on Health
and Human Services; May 22, 2003, reported favorably by the
following vote: Yeas 9, Nays 0; May 22, 2003, sent to printer.)
A BILL TO BE ENTITLED
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
(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
(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.
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