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A BILL TO BE ENTITLED
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AN ACT
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relating to certain corrective actions by the Texas Board of |
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Nursing including a pilot program on deferred disciplinary action; |
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providing corrective actions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 301, Occupations Code, is amended by |
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adding Subchapter N to read as follows: |
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SUBCHAPTER N. CORRECTIVE ACTION PROCEEDING |
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Sec. 301.651. DEFINITION. In this subchapter, "corrective |
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action" means a fine or remedial education imposed under Section |
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301.652. |
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Sec. 301.652. IMPOSITION OF CORRECTIVE ACTION. (a) The |
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board may impose a corrective action on a person licensed or |
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regulated under this chapter who violates this chapter or a rule or |
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order adopted under this chapter. The corrective action: |
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(1) may be a fine, remedial education, or any |
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combination of a fine or remedial education; |
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(2) is not a disciplinary action under Subchapter J; |
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and |
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(3) is subject to disclosure only to the extent a |
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complaint is subject to disclosure under Section 301.466. |
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Sec. 301.653. REPORT AND NOTICE OF VIOLATION AND CORRECTIVE |
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ACTION. (a) If the executive director determines that a violation |
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has occurred, the executive director may issue a report to the board |
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stating: |
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(1) the facts on which the determination is based; and |
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(2) a recommended corrective action. |
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(b) If three or more members of the board disagree with the |
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executive director's determination and recommendation for |
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corrective action, the board may: |
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(1) modify the determination or corrective action; or |
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(2) dismiss the case. |
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(c) The executive director shall give written notice of the |
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determination and recommendation for corrective action to the |
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person subject to the corrective action not later than the 14th day |
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after the date the determination is issued. The notice must be |
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given by certified mail. The notice must: |
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(1) include a brief summary of the alleged violation; |
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(2) state the recommended corrective action; and |
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(3) inform the person of the person's options in |
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responding to the notice. |
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Sec. 301.654. RESPONSE. Not later than the 20th day after |
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the date the person receives the notice under Section 301.653(c), |
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the person may: |
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(1) accept in writing the executive director's |
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determination and recommended corrective action; or |
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(2) reject the executive director's determination and |
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recommended corrective action. |
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Sec. 301.655. ACTION FOLLOWING RESPONSE. (a) If the person |
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accepts the executive director's determination and satisfies the |
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recommended corrective action, the case is closed. |
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(b) If the person does not accept the executive director's |
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determination and recommended corrective action as originally |
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proposed or as modified by the board or fails to respond in a timely |
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manner to the executive director's notice as provided by Section |
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301.654, the executive director shall: |
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(1) terminate proceedings under this subchapter; and |
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(2) dispose of the matter as a complaint under |
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Subchapter J. |
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Sec. 301.656. EFFECT OF ACCEPTANCE OF CORRECTIVE ACTION. A |
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person's acceptance of a corrective action under this subchapter |
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does not constitute an admission of a violation, but does |
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constitute a plea of nolo contendere. |
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SECTION 2. Subchapter D, Chapter 301, Occupations Code, is |
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amended by adding Section 301.1607 to read as follows: |
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Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL |
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DISCIPLINARY ACTION. (a) In this section, "deferred disciplinary |
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action" means a final disciplinary action against a person licensed |
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or regulated under this chapter that is deferred by the board as |
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provided by this section. |
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(b) Not later than February 1, 2010, the board shall |
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determine the feasibility of conducting a pilot program designed to |
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evaluate the efficacy and effect on the public's protection of |
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board deferral of disciplinary action against a person licensed or |
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regulated under this chapter in cases in which the board proposes to |
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impose a sanction other than a reprimand or a denial, suspension, or |
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revocation of a license. If the board determines the pilot program |
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is feasible, the board shall develop and implement the pilot |
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program not later than February 1, 2011. The pilot program must |
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conclude not later than January 1, 2014. |
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(c) The pilot program may not include cases in which the |
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board proposes to issue a reprimand or to deny, suspend, or revoke a |
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license. |
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(d) During the time the pilot program is implemented and for |
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any action or complaint for which the board proposes to impose a |
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sanction other than a reprimand or a denial, suspension, or |
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revocation of a license, the board may: |
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(1) defer final disciplinary action the board has |
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proposed against a person licensed or regulated under this chapter |
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if the person conforms to conditions imposed by the board, |
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including any condition the board could impose as a condition of |
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probation under Section 301.468; and |
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(2) if the person successfully meets the imposed |
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conditions, dismiss the complaint. |
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(e) Except as otherwise provided by this subsection, a |
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deferred disciplinary action by the board under the pilot program |
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is not confidential and is subject to disclosure in accordance with |
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Chapter 552, Government Code. If the person successfully meets the |
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conditions imposed by the board in deferring final disciplinary |
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action and the board dismisses the action or complaint, the |
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deferred disciplinary action of the board is confidential to the |
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same extent as a complaint filed under Section 301.466. |
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(f) The board may contract with a third party to evaluate |
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the pilot program established under this section. |
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(g) The board shall appoint an advisory committee to assist |
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the board in overseeing the pilot program and its evaluation. The |
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committee must include representatives of public advocacy |
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organizations. |
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(h) This section expires September 1, 2014. |
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SECTION 3. The changes in law made by this Act to Chapter |
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301, Occupations Code, apply to actions for violations under |
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Chapter 301 pending on the effective date of this Act or commenced |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2009. |