88R9280 DIO-F
 
  By: Klick H.B. No. 2726
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the practice of nursing, including disciplinary
  procedures of the Texas Board of Nursing; authorizing a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.004(a), Occupations Code, is amended
  to read as follows:
         (a)  This chapter does not apply to:
               (1)  gratuitous nursing care of the sick that is
  provided by a friend;
               (2)  except as provided by Section 301.452(b-1), 
  nursing care provided during a disaster under the state emergency
  management plan adopted under Section 418.042, Government Code, if
  the person providing the care does not hold the person out as a
  nurse unless the person is licensed in another state;
               (3)  nursing care in which treatment is solely by
  prayer or spiritual means;
               (4)  an act performed by a person under the delegated
  authority of a person licensed by the Texas Medical Board;
               (5)  an act performed by a person licensed by another
  state agency if the act is authorized by the statute under which the
  person is licensed except that if the person also holds a license
  under this chapter and the act is within the practice of nursing,
  the board may take action against that license based on that act;
               (6)  the practice of nursing that is incidental to a
  program of study by a student enrolled in a nursing education
  program approved under Section 301.157(d) leading to an initial
  license as a nurse; or
               (7)  the practice of nursing by a person licensed in
  another state who is in this state on a nonroutine basis for a
  period not to exceed 72 hours to:
                     (A)  provide care to a patient being transported
  into, out of, or through this state;
                     (B)  provide nursing consulting services; or
                     (C)  attend or present a continuing nursing
  education program.
         SECTION 2.  Section 301.452, Occupations Code, is amended by
  adding Subsection (b-1) to read as follows:
         (b-1)  Notwithstanding Section 301.004(a)(2), a person
  practicing nursing in this state under the authority of a waiver or
  emergency declaration issued by the governor is subject to the
  jurisdiction of the board and requirements of this subchapter,
  including disciplinary action under Section 301.453.
         SECTION 3.  Section 301.466(d), Occupations Code, is amended
  to read as follows:
         (d)  Notwithstanding Subsection (c), if the board orders a
  nurse to participate in a peer assistance program approved by the
  board under Section 467.003, Health and Safety Code, or a pilot
  program approved by the board under Section 301.1605, the
  complaint, filing of formal charges, nature of those charges, final
  board order, and disciplinary proceedings are subject to
  disclosure:
               (1)  only to the same extent as information regarding a
  complaint is subject to disclosure under Subsection (b); or
               (2)  in a subsequent matter relating to the board order
  or a subsequent violation of this chapter or a board rule.
         SECTION 4.  Subchapter J, Chapter 301, Occupations Code, is
  amended by adding Section 301.472 to read as follows:
         Sec. 301.472.  EXPUNCTION OF DISCIPLINARY RECORD. (a) The
  board by rule shall adopt procedures to expunge records related to
  the discipline of a nurse under this chapter.
         (b)  To be eligible for expunction of records under this
  section, a nurse must successfully complete the requirements of
  any:
               (1)  disciplinary order imposed on the nurse by the
  board; and
               (2)  agreed settlement or alternative dispute
  resolution approved by the board.
         (c)  In determining a nurse's eligibility for the expunction
  of records under this section, the board may consider:
               (1)  whether the nurse has committed additional or
  repeated violations of this chapter or board rule during a period
  established by the board; or
               (2)  the seriousness of previous violations of this
  chapter or board rule, as demonstrated by the sanctions imposed on
  the nurse.
         (d)  A disciplinary order expunged under this section is
  void. 
         (e)  A disciplinary order and any related investigatory
  document, including any previously filed formal charge, expunged
  from a nurse's record under this section:
               (1)  is not subject to disclosure, discovery, subpoena,
  or other means of legal compulsion for release; and
               (2)  is not public information and not subject to
  disclosure under Chapter 552, Government Code.
         (f)  The board shall report to the National Practitioner Data
  Bank the expunction of a nurse's disciplinary record under this
  section.
         (g)  The board may establish a fee for the expunction of a
  record under this section in an amount reasonable and necessary to
  cover the costs of administering this section.
         (h)  A nurse whose disciplinary record has been expunged
  under this section may state in response to an inquiry that the
  expunged disciplinary record does not exist.
         SECTION 5.  Not later than December 1, 2023, the Texas Board
  of Nursing shall adopt the rules necessary to implement the changes
  in law made by this Act.
         SECTION 6.  Section 301.452(b-1), Occupations Code, as added
  by this Act, applies only to a person who practices nursing on or
  after the effective date of this Act.
         SECTION 7.  This Act takes effect September 1, 2023.