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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of nursing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.207, Occupations Code, is amended to |
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read as follows: |
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Sec. 301.207. CONFIDENTIALITY OF [HEALTH] INFORMATION |
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PROVIDED FOR LICENSURE. The following information [Information
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regarding a person's diagnosis or treatment for a physical
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condition, mental condition, or chemical dependency] that a [the] |
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person submits to the board for a petition for a declaratory order |
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of eligibility for a license or for an application for an initial |
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license or a license renewal under this chapter is confidential to |
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the same extent information collected on a nurse as part of an |
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investigation of a complaint is confidential under Section 301.466: |
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(1) information, including diagnosis and treatment, |
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regarding a person's physical or mental condition, intemperate use |
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of drugs or alcohol, or chemical dependency; |
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(2) information regarding a person's criminal history; |
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and |
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(3) any other information in the petition for |
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declaratory order of eligibility. |
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SECTION 2. Subsection (e), Section 301.261, Occupations |
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Code, is amended to read as follows: |
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(e) The board by rule shall permit a person whose license is |
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on inactive status and who was in good standing with the board on |
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the date the license became inactive [is 65 years or older] to use, |
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as applicable, the title "Registered Nurse Retired," "R.N. |
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Retired," "Licensed Vocational Nurse Retired," "Vocational Nurse |
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Retired," "L.V.N. Retired," or "V.N. Retired" or another |
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appropriate title approved by the board.["] |
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SECTION 3. Subsection (b), Section 301.352, Occupations |
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Code, is amended to read as follows: |
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(b) An act by a person under Subsection (a) does not |
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constitute a violation of this section if a nursing peer review |
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committee under Chapter 303 determines: |
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(1) that the act or omission the nurse refused to |
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engage in was not: |
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(A) [not] conduct reportable to the board under |
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Section 301.403; |
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(B) a minor incident; or |
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(C) a violation of this chapter or a board rule; |
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or |
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(2) that: |
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(A) the act or omission in which the nurse |
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refused to engage was conduct reportable to the board, a minor |
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incident, or a violation of this chapter or a board rule; and |
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(B) the person: |
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(i) rescinds any disciplinary or |
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discriminatory action taken against the nurse; |
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(ii) compensates the nurse for lost wages; |
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and |
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(iii) restores to the nurse any lost |
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benefits. |
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SECTION 4. Subsection (j), Section 301.4521, Occupations |
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Code, is amended to read as follows: |
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(j) The results of an evaluation under this section are: |
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(1) confidential and not subject to disclosure under |
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Chapter 552, Government Code; and |
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(2) not subject to disclosure by discovery, subpoena, |
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or other means of legal compulsion for release to anyone, except |
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that the results may be: |
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(A) introduced as evidence in a proceeding before |
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the board or a hearing conducted by the State Office of |
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Administrative Hearings under this chapter; [or] |
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(B) included in the findings of fact and |
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conclusions of law in a final board order; and |
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(C) disclosed to a peer assistance program |
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approved by the board under Chapter 467, Health and Safety Code, and |
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to which the board has referred the nurse. |
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SECTION 5. Subsection (c), Section 301.455, Occupations |
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Code, is amended to read as follows: |
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(c) The State Office of Administrative Hearings shall hold a |
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preliminary hearing not later than the 17th [14th] day after the |
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date of the temporary suspension or restriction to determine |
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whether probable cause exists that a continuing and imminent threat |
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to the public welfare exists. The probable cause hearing shall be |
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conducted as a de novo hearing. |
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SECTION 6. Section 301.4551, Occupations Code, is amended |
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to read as follows: |
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Sec. 301.4551. TEMPORARY LICENSE SUSPENSION FOR DRUG OR |
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ALCOHOL USE. (a) The board shall temporarily suspend the license |
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of a nurse as provided by Section 301.455 if the nurse is under a |
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board order prohibiting the use of alcohol or a drug or requiring |
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the nurse to participate in a peer assistance program, and the |
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nurse: |
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(1) tests positive for alcohol or a prohibited drug; |
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(2) refuses to comply with a board order to submit to a |
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drug or alcohol test; or |
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(3) fails to participate in the peer assistance |
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program and the program issues a letter of dismissal and referral to |
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the board for noncompliance. |
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(b) For the purposes of Section 301.455(c), proof of the |
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elements required for the board to suspend a license under this |
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section is proof that probable cause of a continuing and imminent |
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threat to the public welfare exists. |
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SECTION 7. Chapter 303, Occupations Code, is amended by |
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adding Section 303.012 to read as follows: |
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Sec. 303.012. ERROR CLASSIFICATION SYSTEM. (a) The board |
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may develop a standardized error classification system for use by a |
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nursing peer review committee in evaluating the conduct of a nurse. |
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The board shall make the system available to the committee at no |
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cost. |
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(b) Information collected as part of an error |
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classification system is a record of the nursing peer review |
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committee and is confidential under Section 303.006. |
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(c) A nursing peer review committee may report the |
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information collected using the error classification system to the |
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board. The committee may not report to the board under this section |
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information that includes the identity of an individual nurse or |
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patient. |
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(d) Information the board receives under this section that |
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contains information identifying a specific patient, nurse, or |
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health care facility, the committee, or the sponsoring organization |
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of the committee is confidential and is not subject to disclosure |
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under Chapter 552, Government Code. The board must remove the |
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identifying information from the information before making the |
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remaining information available to the public. |
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(e) This section does not affect the obligation or authority |
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of a nursing peer review committee to disclose information under |
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Section 303.007. |
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SECTION 8. Section 301.355, Occupations Code, is repealed. |
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SECTION 9. (a) The change in law made by this Act to |
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Subsection (b), Section 301.352, Occupations Code, applies only to |
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an act or omission that occurs on or after the effective date of |
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this Act. An act or omission that occurs before the effective date |
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of this Act is covered by the law in effect when the act or omission |
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occurred, and the former law is continued in effect for that |
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purpose. |
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(b) The change in law made by this Act to Subsection (c), |
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Section 301.455, Occupations Code, applies only to a temporary |
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suspension or restriction of a license issued by the Texas Board of |
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Nursing that is imposed on or after the effective date of this Act. |
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A temporary suspension or restriction imposed before the effective |
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date of this Act is covered by the law in effect when the suspension |
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or restriction was imposed, and the former law is continued in |
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effect for that purpose. |
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(c) The change in law made by this Act to Section 301.4551, |
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Occupations Code, applies only to a violation of an order issued by |
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the Texas Board of Nursing that occurs on or after the effective |
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date of this Act. A violation of an order that occurs before the |
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effective date of this Act is covered by the law in effect when the |
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order was violated, and the former law is continued in effect for |
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that purpose. |
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SECTION 10. This Act takes effect September 1, 2011. |