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A BILL TO BE ENTITLED
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AN ACT
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relating to a request for a nursing peer review committee |
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determination. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 303.005, Occupations Code, is amended by |
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amending Subsections (b) and (d) and adding Subsections (b-1) and |
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(b-2) to read as follows: |
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(b) Except as provided by Subsection (b-1), if [If] a person |
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who is required to establish a nursing peer review committee under |
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Section 303.0015 requests a nurse to engage in conduct that the |
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nurse believes violates a nurse's duty to a patient, the nurse may |
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request, on a form developed [or approved] by the board or on |
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another form that meets standards developed by the board, a |
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determination by a nursing peer review committee under this chapter |
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of whether the conduct violates a nurse's duty to a patient. |
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(b-1) If a nurse is unable to complete a form required by |
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Subsection (b) due to immediate patient care needs, the nurse may |
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request a nursing peer review committee determination by orally |
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notifying the nurse's supervisor of the request. After receiving |
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oral notification of a request, the nurse's supervisor shall record |
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in writing: |
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(1) the name of the nurse making the request; |
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(2) the date and time of the request; |
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(3) the location where the conduct or assignment that |
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is the subject of the request occurred; |
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(4) the name of the person who requested the nurse |
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engage in the conduct or made the assignment that is the subject of |
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the request; |
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(5) the name of the supervisor recording the request; |
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(6) a brief explanation of why the nurse is requesting |
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a nursing peer review committee determination; and |
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(7) a description of the collaboration between the |
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nurse and the supervisor. |
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(b-2) To be a valid request for a nursing peer review |
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committee determination, the written record prepared under |
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Subsection (b-1) must be signed and attested to by the requesting |
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nurse and the nurse's supervisor who prepared the written record. |
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(d) If a nurse requests a peer review determination under |
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Subsection (b) or (b-1) and refuses to engage in the requested |
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conduct pending the peer review, the determination of the peer |
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review committee shall be considered in any decision by the nurse's |
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employer to discipline the nurse for the refusal to engage in the |
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requested conduct, but the determination is not binding if a nurse |
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administrator believes in good faith that the peer review committee |
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has incorrectly determined a nurse's duty. This subsection does |
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not affect the protections provided by Subsection (c)(1) or Section |
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301.352. |
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SECTION 2. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurs, and |
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the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |
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* * * * * |