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A BILL TO BE ENTITLED
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AN ACT
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relating to nurse profiles and certain information concerning |
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nurses maintained on the Texas Board of Nursing's Internet website. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.1583, Occupations Code, is amended |
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to read as follows: |
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Sec. 301.1583. DISCIPLINARY ACTION. (a) The board may |
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[shall] remove a disciplinary action from a nurse's profile [the |
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nurse licensure verification page] on the board's Internet website |
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if: |
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(1) the disciplinary action is the only disciplinary |
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action taken against the nurse; |
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(2) the disciplinary action was taken by the board for |
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a violation that is not related to the practice of nursing; |
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(3) the disciplinary action did not result in the |
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suspension or revocation of, or the probation of the suspension or |
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revocation of, the nurse's license; |
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(4) the disciplinary action does not provide any |
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indication that continued practice by the nurse may risk harm to a |
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patient; [and] |
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(5) the nurse has successfully completed the |
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requirements imposed by the board in the disciplinary order related |
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to the disciplinary action; and |
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(6) at least five years have elapsed since the date the |
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disciplinary action was taken. |
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(b) A disciplinary action that is removed from a nurse's |
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profile [the nurse licensure verification page] on the board's |
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Internet website under Subsection (a) shall be removed from the |
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public portion of the coordinated licensure information system, as |
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defined by Section 304.0015 in Article II of the Nurse Licensure |
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Compact. |
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SECTION 2. Subchapter D, Chapter 301, Occupations Code, is |
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amended by adding Section 301.1584 to read as follows: |
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Sec. 301.1584. NURSE PROFILES. (a) The board shall create |
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a profile of each nurse licensed under this chapter. The profile |
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must: |
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(1) include the information required by Subsection |
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(b); and |
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(2) be compiled in a format that makes the information |
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contained in the profile easily available to the public. |
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(b) Except as otherwise provided by this chapter, a profile |
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must contain the following information on each nurse: |
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(1) the name of each board-approved school of nursing |
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or educational program attended and the dates of graduation; |
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(2) a description of all board-approved advanced |
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educational programs attended; |
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(3) any certification held by the nurse and recognized |
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by the board; |
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(4) the number of years the nurse has actively |
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practiced nursing in: |
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(A) this state; and |
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(B) another jurisdiction for which the board may |
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issue a license under Section 301.259 or 301.260; |
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(5) the name of each hospital or facility in this state |
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in which the nurse has privileges; |
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(6) the nurse's primary practice location; |
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(7) a description of any conviction for a felony, a |
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Class A or Class B misdemeanor, or a Class C misdemeanor involving |
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moral turpitude; |
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(8) a description of any charges reported to the board |
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to which the nurse has pleaded no contest, for which the nurse is |
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the subject of deferred adjudication or pretrial diversion, or in |
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which sufficient facts of guilt were found and the matter was |
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continued by a court; |
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(9) a description of any disciplinary action against |
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the nurse by the board; |
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(10) a description of any disciplinary action against |
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the nurse by a nursing licensing board of another state; |
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(11) a description of any formal charges against the |
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nurse initiated and filed under Section 301.458 and the status of |
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the charge; |
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(12) a description of any medical malpractice claim |
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against the nurse, not including a description of any offers by the |
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nurse or another party to settle the claim, for which the nurse was |
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found liable, a jury awarded monetary damages to the claimant, and |
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the award has been determined to be final and not subject to further |
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appeal; and |
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(13) for a nurse who prescribes or orders a drug or |
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device as delegated by a physician under Chapter 157 or other law, |
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the name and license number of the delegating physician. |
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(c) On or after the fifth anniversary of the date corrective |
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action is imposed under Subchapter N, the board may remove from the |
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profile of the nurse subject to the action any information |
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regarding the action and any complaint resolved by the action |
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unless: |
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(1) the complaint was related to the delivery of |
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health care; or |
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(2) more than one corrective action has been imposed |
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to resolve complaints alleging the same violation by the nurse, |
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including a complaint not related to the delivery of health care. |
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(d) Information required to be included under Subsection |
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(b) that is not maintained by the board in the ordinary course of |
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the board's duties shall be obtained from a nurse at the time the |
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nurse renews the nurse's license. In requesting information from |
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the nurse, the board shall: |
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(1) inform the nurse that compliance with the request |
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for information is mandatory; |
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(2) inform the nurse of the date the information will |
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be made available to the public; and |
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(3) instruct the nurse about the requirements under |
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Subsection (f) for the nurse to obtain a copy of the nurse's profile |
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to make corrections. |
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(e) This section does not: |
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(1) prevent the board from providing explanatory |
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information regarding the significance of categories in which |
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malpractice settlements are reported; or |
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(2) require the board to disclose confidential |
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settlement information. |
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(f) The board shall provide a nurse with a copy of the |
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nurse's profile if the nurse requests a copy at the time the nurse |
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renews the nurse's license. If a copy is requested by a nurse, the |
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board shall provide the nurse one month from the date the copy is |
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provided to the nurse to correct factual errors in the nurse's |
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profile. |
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(g) Except as otherwise provided by this section, the board |
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shall update the information contained in a nurse's profile |
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annually. The board shall adopt a form that allows a nurse to |
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update information contained in a nurse's profile. The form shall |
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be made available on the Internet and in other formats as prescribed |
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by board rule. The board may adopt rules concerning the type and |
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content of additional information that may be included in a nurse's |
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profile. |
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(h) In addition to the information required by Subsection |
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(b) and except as otherwise provided by this section, a profile must |
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be updated to contain the text of a formal charge filed under |
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Section 301.458 against the nurse or of a board order related to the |
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formal charge not later than the 10th business day after the date |
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the charge is filed. |
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(i) Not later than the 10th business day after the date the |
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board issues a final order related to a formal charge filed under |
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Section 301.458 against a nurse, the board shall: |
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(1) remove from the nurse's profile any record of the |
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formal charge or any prior disciplinary action related to the |
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formal charge; and |
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(2) update the nurse's profile to contain the board's |
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final order. |
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(j) Information included in a nurse's profile under |
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Subsections (b), (h), and (i) may not include any patient |
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identifying information. |
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(k) Not later than the 10th business day after the date the |
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board dismisses a formal charge against a nurse required to be |
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included in the nurse's profile under Subsection (b)(11) or (h) as |
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baseless, unfounded, or not supported by sufficient evidence that a |
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violation occurred, or resolves the charge and takes no action |
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against the nurse's license as a result of the charge, the board |
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shall: |
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(1) remove from the nurse's profile any record of the |
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formal charge or any prior disciplinary action related to the |
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formal charge; and |
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(2) update the nurse's profile to contain the board's |
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final order dismissing or resolving the charge. |
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(l) The board shall adopt rules as necessary to implement |
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this section. |
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SECTION 3. Not later than January 1, 2024, the Texas Board |
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of Nursing shall adopt rules necessary to implement Section |
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301.1583, Occupations Code, as amended by this Act, and Section |
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301.1584, Occupations Code, as added by this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |