| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the regulation of nursing. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 301.155(c), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(c) The board shall assess a [$3] surcharge of not less than |
|
|
$3 or more than $5 for a registered nurse and a [$2] surcharge of not |
|
|
less than $2 or more than $3 for a vocational nurse to the fee |
|
|
established by the board under Subsection (a) for a license holder |
|
|
to renew a license under this chapter. The board may use nine cents |
|
|
of the registered nurse surcharge and six cents of the vocational |
|
|
nurse surcharge to cover the administrative costs of collecting and |
|
|
depositing the surcharge. The board quarterly shall transmit the |
|
|
remainder of each surcharge to the Department of State Health |
|
|
Services to be used only to implement the nursing resource section |
|
|
under Section 105.002, Health and Safety Code. The board is not |
|
|
required to collect the surcharge if the board determines the funds |
|
|
collected are not appropriated for the purpose of funding the |
|
|
nursing resource section. |
|
|
SECTION 2. Section 301.157, Occupations Code, is amended by |
|
|
amending Subsection (d-4) and adding Subsections (d-8), (d-9), |
|
|
(d-10), and (d-11) to read as follows: |
|
|
(d-4) The board may recognize and accept as approved under |
|
|
this section a school of nursing or educational program operated in |
|
|
another state and approved by a state board of nursing or other |
|
|
regulatory body of that [another] state. The board shall develop |
|
|
policies to ensure that the other state's [state board's] standards |
|
|
are substantially equivalent to the board's standards. |
|
|
(d-8) For purposes of Subsection (d-4), a nursing program |
|
|
is considered to meet standards substantially equivalent to the |
|
|
board's standards if the program: |
|
|
(1) is part of an institution of higher education |
|
|
located outside this state that is approved by the appropriate |
|
|
regulatory authorities of that state; |
|
|
(2) holds regional accreditation by an accrediting |
|
|
body recognized by the United States secretary of education and the |
|
|
Council for Higher Education Accreditation; |
|
|
(3) holds specialty accreditation by an accrediting |
|
|
body recognized by the United States secretary of education and the |
|
|
Council for Higher Education Accreditation, including the National |
|
|
League for Nursing Accrediting Commission; |
|
|
(4) requires program applicants to be a licensed |
|
|
practical or vocational nurse, a military service corpsman, or a |
|
|
paramedic, or to hold a college degree in a clinically oriented |
|
|
health care field with demonstrated experience providing direct |
|
|
patient care; and |
|
|
(5) graduates students who: |
|
|
(A) achieve faculty-determined program outcomes, |
|
|
including passing criterion-referenced examinations of nursing |
|
|
knowledge essential to beginning a registered nursing practice and |
|
|
transitioning to the role of registered nurse; |
|
|
(B) pass a criterion-referenced summative |
|
|
performance examination developed by faculty subject matter |
|
|
experts that measures clinical competencies essential to beginning |
|
|
a registered nursing practice and that meets nationally recognized |
|
|
standards for educational testing, including the educational |
|
|
testing standards of the American Educational Research |
|
|
Association, the American Psychological Association, and the |
|
|
National Council on Measurement in Education; and |
|
|
(C) pass the National Council Licensure |
|
|
Examination for Registered Nurses at a rate equivalent to the |
|
|
passage rate for students of approved in-state programs. |
|
|
(d-9) A graduate of a clinical competency assessment |
|
|
program operated in another state and approved by a state board of |
|
|
nursing or other regulatory body of another state is eligible to |
|
|
apply for an initial license under this chapter if: |
|
|
(1) the board allowed graduates of the program to |
|
|
apply for an initial license under this chapter continuously during |
|
|
the 10-year period preceding January 1, 2007; |
|
|
(2) the program does not make any substantial changes |
|
|
in the length or content of its clinical competency assessment |
|
|
without the board's approval; |
|
|
(3) the program remains in good standing with the |
|
|
state board of nursing or other regulatory body in the other state; |
|
|
and |
|
|
(4) the program participates in the research study |
|
|
under Section 105.008, Health and Safety Code. |
|
|
(d-10) In this section, the terms "clinical competency |
|
|
assessment program" and "supervised clinical learning experiences |
|
|
program" have the meanings assigned by Section 105.008, Health and |
|
|
Safety Code. |
|
|
(d-11) Subsections (d-8), (d-9), (d-10), and (d-11) expire |
|
|
December 31, 2017. As part of the first review conducted under |
|
|
Section 301.003 after September 1, 2009, the Sunset Advisory |
|
|
Commission shall: |
|
|
(1) recommend whether Subsections (d-8) and (d-9) |
|
|
should be extended; and |
|
|
(2) recommend any changes to Subsections (d-8) and |
|
|
(d-9) relating to the eligibility for a license of graduates of a |
|
|
clinical competency assessment program operated in another state. |
|
|
SECTION 3. Section 301.160(a)(2), Occupations Code, is |
|
|
amended to read as follows: |
|
|
(2) "Targeted continuing nursing education" means |
|
|
continuing education focusing on a skill that would likely benefit |
|
|
a significant proportion of [registered] nurses in a particular |
|
|
practice area. |
|
|
SECTION 4. Sections 301.160(b) and (j) are amended to read |
|
|
as follows: |
|
|
(b) The board may develop pilot programs to evaluate the |
|
|
effectiveness of mechanisms, including proactive nursing peer |
|
|
review and targeted continuing nursing education, for maintenance |
|
|
of the clinical competency of a [registered] nurse in the nurse's |
|
|
area of practice and the understanding by [registered] nurses of |
|
|
the laws, including regulations, governing the practice of |
|
|
[professional] nursing. |
|
|
(j) The board shall issue an annual report regarding any |
|
|
pilot programs developed or approved and a status report on those |
|
|
programs, including preliminary or final findings concerning their |
|
|
effectiveness. The board shall mail the report to statewide |
|
|
associations of [registered] nurses and[, registered nurse] |
|
|
educators[,] and employers of [registered] nurses that request a |
|
|
copy. [The board shall issue a final report not later than
|
|
|
September 1, 2000.] |
|
|
SECTION 5. Sections 301.1605(a) and (c), Occupations Code, |
|
|
are amended to read as follows: |
|
|
(a) The board may approve and adopt rules regarding pilot |
|
|
programs for innovative applications in the practice and regulation |
|
|
of [professional] nursing. |
|
|
(c) In approving a pilot program, the board may grant the |
|
|
program an exception to the mandatory reporting requirements of |
|
|
Sections 301.401-301.409 or to a rule adopted under this chapter or |
|
|
Chapter 303 that relates to the practice of [professional] nursing, |
|
|
including education and reporting requirements for [registered] |
|
|
nurses. The board may not grant an exception to: |
|
|
(1) the education requirements of this chapter unless |
|
|
the program includes alternate but substantially equivalent |
|
|
requirements; or |
|
|
(2) the mandatory reporting requirements unless the |
|
|
program: |
|
|
(A) is designed to evaluate the efficiency of |
|
|
alternative reporting methods; and |
|
|
(B) provides consumers adequate protection from |
|
|
[registered] nurses whose continued practice is a threat to public |
|
|
safety. |
|
|
SECTION 6. Sections 301.1606(a) and (b), Occupations Code, |
|
|
are amended to read as follows: |
|
|
(a) The [Before January 1, 2004, the] board may [shall] |
|
|
solicit proposals for pilot programs designed to evaluate the |
|
|
efficacy and effect on protection of the public of reporting |
|
|
systems designed to encourage identification of system errors. |
|
|
(b) The board may grant a pilot program approved under this |
|
|
section an exception to the mandatory reporting requirements of |
|
|
Sections 301.401-301.409 or to a rule adopted under this chapter or |
|
|
Chapter 303 that relates to the practice of [professional] nursing, |
|
|
including education and reporting requirements for [registered] |
|
|
nurses. If the board grants an exception, the board may require |
|
|
that the program: |
|
|
(1) provide for the remediation of the deficiencies of |
|
|
a [registered] nurse who has knowledge or skill deficiencies that |
|
|
unless corrected may result in an unreasonable risk to public |
|
|
safety; |
|
|
(2) provide for supervision of the nurse during |
|
|
remediation of deficiencies under Subdivision (1); |
|
|
(3) require reporting to the board of a [registered] |
|
|
nurse: |
|
|
(A) who fails to satisfactorily complete |
|
|
remediation, or who does not make satisfactory progress in |
|
|
remediation, under Subdivision (1); |
|
|
(B) whose incompetence in the practice of |
|
|
[professional] nursing would pose a continued risk of harm to the |
|
|
public; or |
|
|
(C) whose error contributed to a patient death or |
|
|
serious patient injury; or |
|
|
(4) provide for a nursing peer review committee to |
|
|
review whether a [registered] nurse is appropriate for remediation |
|
|
under Subdivision (1). |
|
|
SECTION 7. Subchapter E, Chapter 301, Occupations Code, is |
|
|
amended by adding Sections 301.206 and 301.207 to read as follows: |
|
|
Sec. 301.206. CONFIDENTIALITY OF INFORMATION COLLECTED FOR |
|
|
EMERGENCY RELIEF PROGRAMS. (a) In this section, "emergency relief |
|
|
program" means a program operated or sponsored by the federal |
|
|
government, the state, or a nonprofit organization to provide |
|
|
nurses to assist in providing health care to victims or potential |
|
|
victims of a disaster or state or local emergency. |
|
|
(b) A nurse's personal contact information, including |
|
|
e-mail addresses, telephone numbers, and fax numbers, collected by |
|
|
the board for use by an emergency relief program is: |
|
|
(1) confidential and not subject to disclosure under |
|
|
Chapter 552, Government Code; and |
|
|
(2) not subject to disclosure, discovery, subpoena, or |
|
|
other means of legal compulsion for release to anyone other than for |
|
|
the purpose of contacting the nurse to assist in an emergency relief |
|
|
program. |
|
|
Sec. 301.207. CONFIDENTIALITY OF HEALTH INFORMATION |
|
|
PROVIDED FOR LICENSURE. Information regarding a person's diagnosis |
|
|
or treatment for a physical condition, mental condition, or |
|
|
chemical dependency that the person submits to the board for a |
|
|
petition for a declaratory order of eligibility for a license or for |
|
|
an application for an initial license or a license renewal under |
|
|
this chapter is confidential to the same extent information |
|
|
collected on a nurse as part of an investigation of a complaint is |
|
|
confidential under Section 301.466. |
|
|
SECTION 8. Section 301.257(a), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(a) A person may petition the board for a declaratory order |
|
|
as to the person's eligibility for a license under this chapter if |
|
|
the person has reason to believe that the person is ineligible for |
|
|
the license and: |
|
|
(1) is enrolled or planning to enroll in an |
|
|
educational program that prepares a person for an initial license |
|
|
as a registered nurse or vocational nurse; or [and] |
|
|
(2) is an applicant for a [has reason to believe that
|
|
|
the person is ineligible for the] license. |
|
|
SECTION 9. Section 301.401(2), Occupations Code, is amended |
|
|
to read as follows: |
|
|
(2) "Minor incident" means conduct by a nurse that |
|
|
does not indicate that the nurse's continued practice poses a risk |
|
|
of harm to a patient or another person. This term is synonymous |
|
|
with "minor error" or "minor violation of this chapter or board |
|
|
rule." |
|
|
SECTION 10. Subchapter J, Chapter 301, Occupations Code, is |
|
|
amended by adding Section 301.4521 to read as follows: |
|
|
Sec. 301.4521. PHYSICAL AND PSYCHOLOGICAL EVALUATION. (a) |
|
|
In this section: |
|
|
(1) "Applicant" means: |
|
|
(A) a petitioner for a declaratory order of |
|
|
eligibility for a license; or |
|
|
(B) an applicant for an initial license or |
|
|
renewal of a license. |
|
|
(2) "Evaluation" means a physical or psychological |
|
|
evaluation conducted to determine a person's fitness to practice |
|
|
nursing. |
|
|
(b) The board may require a nurse or applicant to submit to |
|
|
an evaluation only if the board has probable cause to believe that |
|
|
the nurse or applicant is unable to practice nursing with |
|
|
reasonable skill and safety to patients because of: |
|
|
(1) physical impairment; |
|
|
(2) mental impairment; or |
|
|
(3) chemical dependency or abuse of drugs or alcohol. |
|
|
(c) A demand for an evaluation under Subsection (b) must be |
|
|
in writing and state: |
|
|
(1) the reasons probable cause exists to require the |
|
|
evaluation; and |
|
|
(2) that refusal by the nurse or applicant to submit to |
|
|
the evaluation will result in an administrative hearing to be held |
|
|
to make a final determination of whether probable cause for the |
|
|
evaluation exists. |
|
|
(d) If the nurse or applicant refuses to submit to the |
|
|
evaluation, the board shall schedule a hearing on the issue of |
|
|
probable cause to be conducted by the State Office of |
|
|
Administrative Hearings. The nurse or applicant must be notified |
|
|
of the hearing by personal service or certified mail. The hearing |
|
|
is limited to the issue of whether the board had probable cause to |
|
|
require an evaluation. The nurse or applicant may present testimony |
|
|
and other evidence at the hearing to show why the nurse or applicant |
|
|
should not be required to submit to the evaluation. The board has |
|
|
the burden of proving that probable cause exists. At the conclusion |
|
|
of the hearing, the hearing officer shall enter an order requiring |
|
|
the nurse or applicant to submit to the evaluation or an order |
|
|
rescinding the board's demand for an evaluation. The order may not |
|
|
be vacated or modified under Section 2001.058, Government Code. |
|
|
(e) If a nurse or applicant refuses to submit to an |
|
|
evaluation after an order requiring the evaluation is entered under |
|
|
Subsection (d), the board may: |
|
|
(1) refuse to issue or renew a license; |
|
|
(2) suspend a license; or |
|
|
(3) issue an order limiting the license. |
|
|
(f) The board may request a nurse or applicant to consent to |
|
|
an evaluation by a practitioner approved by the board for a reason |
|
|
other than a reason listed in Subsection (b). A request for an |
|
|
evaluation under this subsection must be in writing and state: |
|
|
(1) the reasons for the request; |
|
|
(2) the type of evaluation requested; |
|
|
(3) how the board may use the evaluation; |
|
|
(4) that the nurse or applicant may refuse to submit to |
|
|
an evaluation; and |
|
|
(5) the procedures for submitting an evaluation as |
|
|
evidence in any hearing regarding the issuance or renewal of the |
|
|
nurse's or applicant's license. |
|
|
(g) If a nurse or applicant refuses to consent to an |
|
|
evaluation under Subsection (f), the nurse or applicant may not |
|
|
introduce an evaluation into evidence at a hearing to determine the |
|
|
nurse's or applicant's right to be issued or retain a nursing |
|
|
license unless the nurse or applicant: |
|
|
(1) not later than the 30th day before the date of the |
|
|
hearing, notifies the board that an evaluation will be introduced |
|
|
into evidence at the hearing; |
|
|
(2) provides the board the results of that evaluation; |
|
|
(3) informs the board of any other evaluations by any |
|
|
other practitioners; and |
|
|
(4) consents to an evaluation by a practitioner that |
|
|
meets board standards established under Subsection (h). |
|
|
(h) The board shall establish by rule the qualifications for |
|
|
a licensed practitioner to conduct an evaluation under this |
|
|
section. The board shall maintain a list of qualified |
|
|
practitioners. The board may solicit qualified practitioners |
|
|
located throughout the state to be on the list. |
|
|
(i) A nurse or applicant shall pay the costs of an |
|
|
evaluation conducted under this section. |
|
|
(j) The results of an evaluation under this section are: |
|
|
(1) confidential and not subject to disclosure under |
|
|
Chapter 552, Government Code; and |
|
|
(2) not subject to disclosure by discovery, subpoena, |
|
|
or other means of legal compulsion for release to anyone, except |
|
|
that the results may be: |
|
|
(A) introduced as evidence in a proceeding before |
|
|
the board or a hearing conducted by the State Office of |
|
|
Administrative Hearings under this chapter; or |
|
|
(B) included in the findings of fact and |
|
|
conclusions of law in a final board order. |
|
|
(k) If the board determines there is insufficient evidence |
|
|
to bring action against a person based on the results of any |
|
|
evaluation under this section, the evaluation must be expunged from |
|
|
the board's records. |
|
|
(l) The board shall adopt guidelines for requiring or |
|
|
requesting a nurse or applicant to submit to an evaluation under |
|
|
this section. |
|
|
(m) The authority granted to the board under this section is |
|
|
in addition to the board's authority to make licensing decisions |
|
|
under this chapter. |
|
|
SECTION 11. Sections 301.453(a) and (b), Occupations Code, |
|
|
are amended to read as follows: |
|
|
(a) If the board determines that a person has committed an |
|
|
act listed in Section 301.452(b), the board shall enter an order |
|
|
imposing one or more of the following: |
|
|
(1) denial of the person's application for a license, |
|
|
license renewal, or temporary permit; |
|
|
(2) issuance of a written warning; |
|
|
(3) administration of a public reprimand; |
|
|
(4) limitation or restriction of the person's license, |
|
|
including: |
|
|
(A) limiting to or excluding from the person's |
|
|
practice one or more specified activities of nursing; or |
|
|
(B) stipulating periodic board review; |
|
|
(5) suspension of the person's license [for a period
|
|
|
not to exceed five years]; |
|
|
(6) revocation of the person's license; or |
|
|
(7) assessment of a fine. |
|
|
(b) In addition to or instead of an action under Subsection |
|
|
(a), the board, by order, may require the person to: |
|
|
(1) submit to care, counseling, or treatment by a |
|
|
health provider designated by the board as a condition for the |
|
|
issuance or renewal of a license; |
|
|
(2) participate in a program of education or |
|
|
counseling prescribed by the board, including a program of remedial |
|
|
education; |
|
|
(3) practice for a specified period under the |
|
|
direction of a registered nurse or vocational nurse designated by |
|
|
the board; or |
|
|
(4) perform public service the board considers |
|
|
appropriate. |
|
|
SECTION 12. Section 301.4535, Occupations Code, is amended |
|
|
by adding Subsection (a-1) and amending Subsection (b) to read as |
|
|
follows: |
|
|
(a-1) An applicant or nurse who is refused an initial |
|
|
license or renewal of a license or whose license is suspended under |
|
|
Subsection (a) is not eligible for a probationary, stipulated, or |
|
|
otherwise encumbered license unless the board establishes by rule |
|
|
criteria that would permit the issuance or renewal of the license. |
|
|
(b) On final conviction or a plea of guilty or nolo |
|
|
contendere for an offense listed in Subsection (a), the board, as |
|
|
appropriate, may not issue a license to an applicant, shall refuse |
|
|
to renew a license, or shall revoke a license [if the applicant or
|
|
|
license holder did not previously disclose the conviction or plea
|
|
|
and the fifth anniversary of the date the person successfully
|
|
|
completed community supervision or parole has not occurred]. |
|
|
SECTION 13. Subchapter J, Chapter 301, Occupations Code, is |
|
|
amended by adding Section 301.4551 to read as follows: |
|
|
Sec. 301.4551. TEMPORARY LICENSE SUSPENSION FOR DRUG OR |
|
|
ALCOHOL USE. The board shall temporarily suspend the license of a |
|
|
nurse as provided by Section 301.455 if the nurse is under a board |
|
|
order prohibiting the use of alcohol or a drug or requiring the |
|
|
nurse to participate in a peer assistance program, and the nurse: |
|
|
(1) tests positive for alcohol or a prohibited drug; |
|
|
(2) refuses to comply with a board order to submit to a |
|
|
drug or alcohol test; or |
|
|
(3) fails to participate in the peer assistance |
|
|
program and the program issues a letter of dismissal and referral to |
|
|
the board for noncompliance. |
|
|
SECTION 14. Section 301.468, Occupations Code, is amended |
|
|
by amending Subsection (a) and adding Subsections (e) and (f) to |
|
|
read as follows: |
|
|
(a) The board may determine that an order denying a license |
|
|
application or suspending a license be probated. A person subject |
|
|
to a probation order shall conform to each condition the board sets |
|
|
as the terms of probation, including a condition: |
|
|
(1) limiting the practice of the person to, or |
|
|
excluding, one or more specified activities of professional nursing |
|
|
or vocational nursing; [or] |
|
|
(2) requiring the person to submit to supervision, |
|
|
care, counseling, or treatment by a practitioner designated by the |
|
|
board; or |
|
|
(3) requiring the person to submit to random drug or |
|
|
alcohol tests in the manner prescribed by the board. |
|
|
(e) A hearing under this section is limited to a |
|
|
determination of whether the person violated the terms of the |
|
|
probation order under Subsection (a) and whether the board should: |
|
|
(1) continue, rescind, or modify the terms of |
|
|
probation, including imposing an administrative penalty; or |
|
|
(2) enter an order denying, suspending, or revoking |
|
|
the person's license. |
|
|
(f) If one of the conditions of probation is the |
|
|
prohibition of using alcohol or a drug or participation in a peer |
|
|
assistance program, violation of that condition is established by: |
|
|
(1) a positive drug or alcohol test result; |
|
|
(2) refusal to submit to a drug or alcohol test as |
|
|
required by the board; or |
|
|
(3) a letter of noncompliance from the peer assistance |
|
|
program. |
|
|
SECTION 15. Section 63.202(f), Education Code, is amended |
|
|
to read as follows: |
|
|
(f) Notwithstanding the limitation provided by Subsection |
|
|
(b), grants awarded under Subsection (c) for the state fiscal |
|
|
biennium ending on August 31, 2009, and the fiscal biennium ending |
|
|
on August 31, 2011, by the Texas Higher Education Coordinating |
|
|
Board shall be awarded to programs preparing students for initial |
|
|
licensure as registered nurses or programs preparing qualified |
|
|
faculty members with a master's or doctoral degree for the program, |
|
|
including programs at two-year institutions of higher education, |
|
|
four-year general academic teaching institutions, health science |
|
|
centers, and independent or private institutions of higher |
|
|
education, or to the nursing resource section established under |
|
|
Section 105.002(b), Health and Safety Code. In awarding grants |
|
|
under this subsection, the coordinating board may: |
|
|
(1) give priority to institutions proposing to address |
|
|
the shortage of registered nurses by promoting innovation in |
|
|
education, recruitment, and retention of nursing students and |
|
|
qualified faculty; |
|
|
(2) award grants on a competitive basis; [and] |
|
|
(3) consider the availability of matching funds; and |
|
|
(4) fund a study by the nursing resource section to |
|
|
evaluate the competencies of clinical judgment and behaviors that |
|
|
professional nursing students should possess at the time of |
|
|
graduation. |
|
|
SECTION 16. Chapter 105, Health and Safety Code, is amended |
|
|
by adding Section 105.008 to read as follows: |
|
|
Sec. 105.008. STUDY OF ALTERNATE WAYS TO ASSURE CLINICAL |
|
|
COMPETENCY OF GRADUATES OF NURSING EDUCATIONAL PROGRAMS. (a) In |
|
|
this section: |
|
|
(1) "Clinical competency assessment program" means a |
|
|
professional nursing prelicensure program that employs a |
|
|
criterion-referenced summative performance examination, developed |
|
|
by subject matter experts, to verify its graduates' attainment of |
|
|
the clinical competency necessary for initial licensure as a |
|
|
registered nurse. |
|
|
(2) "Professional nursing prelicensure program" means |
|
|
a professional nursing educational program that prepares students |
|
|
to obtain an initial license as a registered nurse. |
|
|
(3) "Research study" means the study described by |
|
|
Subsection (b). |
|
|
(4) "Supervised clinical learning experiences |
|
|
program" means a professional nursing prelicensure program that |
|
|
requires students to complete a required number of supervised |
|
|
clinical learning experiences provided by qualified clinical |
|
|
faculty involving multiple, ongoing assessments and feedback. |
|
|
(b) To the extent funding is available, the nursing resource |
|
|
section established under Section 105.002(b) shall conduct a |
|
|
research study to identify: |
|
|
(1) a set of expected student outcomes in terms of |
|
|
clinical judgment and behaviors that professional nursing students |
|
|
should possess at the time of graduation from a professional |
|
|
nursing prelicensure program; |
|
|
(2) standardized, reliable, and valid clinical exit |
|
|
evaluation tools that could be used to evaluate the competencies in |
|
|
clinical judgment and behaviors that professional nursing students |
|
|
possess at the time of graduation from a professional nursing |
|
|
prelicensure program; |
|
|
(3) any correlation between the success rate of |
|
|
graduates of professional nursing prelicensure programs on |
|
|
standardized clinical exit evaluation tools and their educational |
|
|
and experiential background, including: |
|
|
(A) length and type of health care work |
|
|
experience before entering the professional nursing prelicensure |
|
|
programs; |
|
|
(B) health care work experience during the |
|
|
professional nursing prelicensure programs; and |
|
|
(C) alternative methods of teaching clinical |
|
|
judgment and behaviors, including supervised clinicals and |
|
|
simulation laboratories; and |
|
|
(4) any correlation between the required number of |
|
|
hours in supervised clinical learning experiences and expected |
|
|
student outcomes in terms of clinical judgment and behaviors. |
|
|
(c) In addition to any other objective, the research study |
|
|
must be designed to determine if the graduates of a clinical |
|
|
competency assessment program are substantially equivalent to the |
|
|
graduates of supervised clinical learning experiences programs in |
|
|
terms of clinical judgments and behaviors. For purposes of this |
|
|
subsection, the clinical competency assessment program must be one |
|
|
that: |
|
|
(1) has been requiring a clinical competency |
|
|
assessment for at least 10 years; |
|
|
(2) has students who reside in this state; |
|
|
(3) has graduates who have been considered by the |
|
|
Texas Board of Nursing to be eligible to apply for a registered |
|
|
nurse license as a result of graduating from the program on or |
|
|
before January 1, 2007; and |
|
|
(4) conducts the clinical competency assessment at a |
|
|
facility or facilities located in this state under the supervision |
|
|
of a qualified clinical faculty member who is a registered nurse and |
|
|
who holds a master's or doctoral degree in nursing. |
|
|
(d) Considerations to be used in determining substantial |
|
|
equivalence under Subsection (c) must include the differences |
|
|
between the clinical competency assessment program and the |
|
|
supervised clinical learning experiences program in: |
|
|
(1) the methods of evaluating students' clinical |
|
|
judgment and behaviors; |
|
|
(2) performance on standardized clinical exit |
|
|
evaluation tools; |
|
|
(3) the ability of graduates to transition to and |
|
|
assimilate in the registered nurse's role; and |
|
|
(4) passage rates on the National Council Licensure |
|
|
Examination. |
|
|
(e) The nursing resource section shall contract with an |
|
|
independent researcher to develop the research design and conduct |
|
|
the research. The independent researcher must be selected by a |
|
|
selection committee composed of: |
|
|
(1) one representative elected by a majority of the |
|
|
nursing advisory committee under Section 104.0155, who is the chair |
|
|
of the selection committee; |
|
|
(2) one representative designated by the Texas Health |
|
|
Care Policy Council; |
|
|
(3) the presiding officer of the Texas Board of |
|
|
Nursing; |
|
|
(4) one representative of the Texas Higher Education |
|
|
Coordinating Board, designated by the governor; |
|
|
(5) one representative designated by the Texas |
|
|
Hospital Association; |
|
|
(6) one representative designated by the Texas |
|
|
Association of Business; |
|
|
(7) one representative designated by a clinical |
|
|
competency assessment program that meets the requirements of |
|
|
Section 301.157(d-8), Occupations Code; and |
|
|
(8) the nurse researcher member of the nursing |
|
|
advisory committee under Section 104.0155. |
|
|
(f) The nursing resource section shall complete the study |
|
|
not later than June 30, 2014, and shall submit a report to the |
|
|
office of the governor, the Senate Committee on Health and Human |
|
|
Services, and the House Committee on Public Health. The report must |
|
|
include a research abstract prepared by the independent researcher. |
|
|
(g) The nursing resource section may cooperate with the |
|
|
Texas Board of Nursing and the Texas Higher Education Coordinating |
|
|
Board in conducting the study. |
|
|
(h) The nursing advisory committee formed under Section |
|
|
104.0155 shall serve as the oversight committee for the study. |
|
|
(i) Any data collected as part of the study that contains |
|
|
information identifying specific students, patients, or health |
|
|
care facilities is confidential, is not subject to disclosure under |
|
|
Chapter 552, Government Code, and may not be released unless all |
|
|
identifying information is removed. |
|
|
(j) In addition to funds appropriated by the legislature, |
|
|
the nursing resource section may solicit, receive, and spend |
|
|
grants, gifts, and donations from public or private sources for the |
|
|
purpose of conducting the study. |
|
|
(k) If grants or other funds are available through the |
|
|
National Council of State Boards of Nursing that could be used to |
|
|
fund the study, the nursing resource section shall apply for the |
|
|
funds to the maximum amount available up to the estimated cost of |
|
|
the study. In making the application or accepting the funding, the |
|
|
nursing resource section may not relinquish any oversight |
|
|
responsibility for the study, including responsibility for |
|
|
designing and conducting the research or developing the findings. |
|
|
SECTION 17. Section 301.202(b), Occupations Code, is |
|
|
repealed. |
|
|
SECTION 18. (a) The change in law made by Section 301.4521, |
|
|
Occupations Code, as added by this Act, applies only to an |
|
|
application filed with the Texas Board of Nursing on or after the |
|
|
effective date of this Act. An application filed before the |
|
|
effective date of this Act is covered by the law in effect when the |
|
|
application was filed, and the former law is continued in effect for |
|
|
that purpose. |
|
|
(b) The changes in law made by Section 301.4551, Occupations |
|
|
Code, as added by this Act, and Section 301.468, Occupations Code, |
|
|
as amended by this Act, apply only to a violation of an order issued |
|
|
by the Texas Board of Nursing on or after the effective date of this |
|
|
Act. A violation of an order issued by the Texas Board of Nursing |
|
|
before the effective date of this Act is covered by the law in |
|
|
effect when the order was issued, and the former law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 19. This Act takes effect immediately if it |
|
|
receives a vote of two-thirds of all the members elected to each |
|
|
house, as provided by Section 39, Article III, Texas Constitution. |
|
|
If this Act does not receive the vote necessary for immediate |
|
|
effect, this Act takes effect September 1, 2009. |
|
|
|
|
|
* * * * * |