This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
79R4509 JMM-F
By: Allen of Dallas H.B. No. 1366
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of the regulation of 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 301.1611 to read as follows:
Sec. 301.1611. PEACE OFFICERS. (a) The board may
commission as a peace officer to enforce this subtitle an employee
who has been certified as qualified to be a peace officer by the
Commission on Law Enforcement Standards and Education.
(b) An employee commissioned as a peace officer under this
section has the powers, privileges, and immunities of a peace
officer while carrying out duties as a peace officer under this
subtitle, except that the employee may not carry a firearm or make
an arrest.
SECTION 2. Section 301.301(b), Occupations Code, is amended
to read as follows:
(b) A person may renew an unexpired license issued under
this chapter on payment of the required renewal fee, payment of any
costs assessed under Section 301.461, and compliance with any other
renewal requirements adopted by the board.
SECTION 3. Section 301.452(b), Occupations Code, is amended
to read as follows:
(b) A person is subject to denial of a license or to
disciplinary action under this subchapter for:
(1) a violation of this chapter, a rule or regulation
not inconsistent with this chapter, or an order issued under this
chapter;
(2) fraud or deceit in procuring or attempting to
procure a license to practice professional nursing or vocational
nursing;
(3) a conviction for, or placement on deferred
adjudication community supervision or deferred disposition for, a
felony or for a misdemeanor involving moral turpitude;
(4) conduct that results in the revocation of
probation imposed because of conviction for a felony or for a
misdemeanor involving moral turpitude;
(5) use of a nursing license, diploma, or permit, or
the transcript of such a document, that has been fraudulently
purchased, issued, counterfeited, or materially altered;
(6) impersonating or acting as a proxy for another
person in the licensing examination required under Section 301.253
or 301.255;
(7) directly or indirectly aiding or abetting an
unlicensed person in connection with the unauthorized practice of
nursing;
(8) revocation, suspension, or denial of, or any other
action relating to, the person's license or privilege to practice
nursing in another jurisdiction;
(9) intemperate use of alcohol or drugs that the board
determines endangers or could endanger a patient;
(10) unprofessional or dishonorable conduct that, in
the board's opinion, is likely to deceive, defraud, or injure a
patient or the public;
(11) adjudication of mental incompetency;
(12) lack of fitness to practice because of a mental or
physical health condition that could result in injury to a patient
or the public; or
(13) failure to care adequately for a patient or to
conform to the minimum standards of acceptable nursing practice in
a manner that, in the board's opinion, exposes a patient or other
person unnecessarily to risk of harm.
SECTION 4. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Section 301.4535 to read as follows:
Sec. 301.4535. REQUIRED SUSPENSION OR REVOCATION OF LICENSE
FOR CERTAIN OFFENSES. (a) The board shall suspend a nurse's
license on proof that the nurse has been:
(1) initially convicted of:
(A) a felony;
(B) a misdemeanor under Chapter 22, Penal Code,
other than a misdemeanor punishable by fine only;
(C) a misdemeanor on conviction of which a
defendant is required to register as a sex offender under Chapter
62, Code of Criminal Procedure;
(D) a misdemeanor under Section 25.07, Penal
Code; or
(E) a misdemeanor under Section 25.071, Penal
Code; or
(2) subject to an initial finding by the trier of fact
of guilt of a felony under:
(A) Chapter 481 or 483, Health and Safety Code;
(B) Section 485.033, Health and Safety Code; or
(C) the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (21 U.S.C. Section 801 et seq.).
(b) On final conviction for an offense described by
Subsection (a), the board shall revoke the nurse's license.
SECTION 5. Section 301.455, Occupations Code, is amended to
read as follows:
Sec. 301.455. TEMPORARY LICENSE SUSPENSION OR
RESTRICTION. (a) The license of a nurse shall be temporarily
suspended or restricted on a determination by a majority of the
board or a three-member committee of board members designated by
the board that, from the evidence or information presented, the
continued practice of the nurse would constitute a continuing and
imminent threat to the public welfare.
(b) A license may be temporarily suspended or restricted
under this section without notice or hearing on the complaint if:
(1) institution of proceedings for a hearing before
the State Office of Administrative Hearings is initiated
simultaneously with the temporary suspension or determination to
restrict; and
(2) a hearing is held as soon as possible under this
chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a
preliminary hearing not later than the 30th [14th] day after the
date of the temporary suspension or restriction to determine
whether probable cause exists that a continuing and imminent threat
to the public welfare exists. The probable cause hearing shall be
conducted as a de novo hearing.
(d) A final hearing on the matter shall be held not later
than the 91st [61st] day after the date of the temporary suspension
or restriction.
SECTION 6. Section 301.461, Occupations Code, is amended to
read as follows:
Sec. 301.461. ASSESSMENT OF COSTS. (a) The board may
assess a person who is found to have violated this chapter the
administrative costs of conducting a hearing to determine the
violation.
(b) The administrative costs for conducting a hearing under
Subsection (a) include the costs incurred by the board for:
(1) legal and investigative services paid to the State
Office of Administrative Hearings, the attorney general, or other
board counsel;
(2) a court reporter and witnesses;
(3) the reproduction of records;
(4) time worked by the staff of the board; and
(5) travel and expenses.
SECTION 7. Article 2.12, Code of Criminal Procedure, as
amended by Chapters 235, 474, and 930, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
officers:
(1) sheriffs, their deputies, and those reserve
deputies who hold a permanent peace officer license issued under
Chapter 1701, Occupations Code;
(2) constables, deputy constables, and those reserve
deputy constables who hold a permanent peace officer license issued
under Chapter 1701, Occupations Code;
(3) marshals or police officers of an incorporated
city, town, or village, and those reserve municipal police officers
who hold a permanent peace officer license issued under Chapter
1701, Occupations Code;
(4) rangers and officers commissioned by the Public
Safety Commission and the Director of the Department of Public
Safety;
(5) investigators of the district attorneys', criminal
district attorneys', and county attorneys' offices;
(6) law enforcement agents of the Texas Alcoholic
Beverage Commission;
(7) each member of an arson investigating unit
commissioned by a city, a county, or the state;
(8) officers commissioned under Section 37.081,
Education Code, or Subchapter E, Chapter 51, Education Code;
(9) officers commissioned by the General Services
Commission;
(10) law enforcement officers commissioned by the
Parks and Wildlife Commission;
(11) airport police officers commissioned by a city
with a population of more than 1.18 million that operates an airport
that serves commercial air carriers;
(12) airport security personnel commissioned as peace
officers by the governing body of any political subdivision of this
state, other than a city described by Subdivision (11), that
operates an airport that serves commercial air carriers;
(13) municipal park and recreational patrolmen and
security officers;
(14) security officers and investigators commissioned
as peace officers by the comptroller;
(15) officers commissioned by a water control and
improvement district under Section 49.216, Water Code;
(16) officers commissioned by a board of trustees
under Chapter 54, Transportation Code;
(17) investigators commissioned by the Texas State
Board of Medical Examiners;
(18) officers commissioned by the board of managers of
the Dallas County Hospital District, the Tarrant County Hospital
District, or the Bexar County Hospital District under Section
281.057, Health and Safety Code;
(19) county park rangers commissioned under
Subchapter E, Chapter 351, Local Government Code;
(20) investigators employed by the Texas Racing
Commission;
(21) officers commissioned under Chapter 554,
Occupations Code;
(22) officers commissioned by the governing body of a
metropolitan rapid transit authority under Section 451.108,
Transportation Code, or by a regional transportation authority
under Section 452.110, Transportation Code;
(23) investigators commissioned by the attorney
general under Section 402.009, Government Code;
(24) security officers and investigators commissioned
as peace officers under Chapter 466, Government Code;
(25) an officer employed by the Texas Department of
Health under Section 431.2471, Health and Safety Code;
(26) officers appointed by an appellate court under
Subchapter F, Chapter 53, Government Code;
(27) officers commissioned by the state fire marshal
under Chapter 417, Government Code;
(28) an investigator commissioned by the commissioner
of insurance under Article 1.10D, Insurance Code;
(29) apprehension specialists commissioned by the
Texas Youth Commission as officers under Section 61.0931, Human
Resources Code;
(30) officers appointed by the executive director of
the Texas Department of Criminal Justice under Section 493.019,
Government Code;
(31) investigators commissioned by the Commission on
Law Enforcement Officer Standards and Education under Section
1701.160, Occupations Code;
(32) commission investigators commissioned by the
Texas Commission on Private Security under Section 1702.061(f),
Occupations Code;
(33) the fire marshal[,] and any officers, inspectors,
or investigators commissioned by an emergency services district [to
assist that fire marshal,] under [Subchapter F,] Chapter 775,
Health and Safety Code; [and]
(34) officers commissioned by the State Board of
Dental Examiners under Section 254.013, Occupations Code, subject
to the limitations imposed by that section; and
(35) officers commissioned by the Board of Nurse
Examiners under Section 301.1611, Occupations Code.
SECTION 8. (a) The change in law made by this Act by the
amendment of Section 301.301(b), Occupations Code, applies only to
the renewal of a license that expires on or after the effective date
of this Act. The renewal of a license that expires before the
effective date of this Act is governed by the law in effect on the
date the license expired, and the former law is continued in effect
for that purpose.
(b) The change in law made by this Act by the enactment of
Section 301.4535, Occupations Code, applies only to a person who is
initially convicted of an offense on or after the effective date of
this Act. A person initially convicted of an offense before that
date is governed by the law in effect on the date the conviction
occurred, and the former law is continued in effect for that
purpose.
(c) The change in law made by this Act by the amendment of
Section 301.455, Occupations Code, applies only to a proceeding
commenced on or after the effective date of this Act. A proceeding
commenced before that date is governed by the law in effect on the
date the proceeding was commenced, and the former law is continued
in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2005.