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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the Texas Board of Nursing and |
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procedures applicable to complaints against advanced practice |
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registered nurses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.051(a), Occupations Code, is amended |
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to read as follows: |
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(a) The Texas Board of Nursing consists of 15 [13] members |
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appointed by the governor with the advice and consent of the senate |
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as follows: |
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(1) seven [six] nurse members, including: |
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(A) two [one] advanced practice registered |
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nurses [nurse]; |
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(B) two registered nurses who are not advanced |
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practice registered nurses or members of a nurse faculty; and |
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(C) three vocational nurses who are not members |
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of a nurse faculty; |
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(2) three members who are nurse faculty members of |
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schools of nursing: |
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(A) one of whom is a nurse faculty member of a |
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school of nursing offering a baccalaureate degree program in |
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preparing registered nurses; |
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(B) one of whom is a nurse faculty member of a |
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school of nursing offering an associate degree program in preparing |
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registered nurses; and |
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(C) one of whom is a nurse faculty member of a |
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school of nursing at an institution of higher education preparing |
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vocational nurses; and |
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(3) five [four] members who represent the public. |
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SECTION 2. Section 301.457, Occupations Code, is amended by |
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adding Subsections (b-1), (h), and (i) to read as follows: |
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(b-1) The board by rule shall provide for the appointment by |
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the board of advanced practice registered nurses to act as expert |
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reviewers and assist with complaints and investigations relating to |
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alleged standard of care violations by advanced practice registered |
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nurses. |
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(h) Except as provided by Subsection (i), if the board |
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determines under Subsection (e) that an act by an advanced practice |
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registered nurse falls below an acceptable standard of care, the |
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board shall refer the complaint for review by an expert reviewer |
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appointed under Subsection (b-1) who practices in the same advanced |
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practice role and population focus as the nurse who is the subject |
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of the complaint. |
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(i) The board may not refer a complaint against an advanced |
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practice registered nurse to an expert reviewer under Subsection |
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(h) if the act alleged in the complaint is: |
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(1) within the scope of practice applicable to a nurse |
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who is not an advanced practice registered nurse; or |
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(2) considered unprofessional conduct. |
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SECTION 3. Subchapter J, Chapter 301, Occupations Code, is |
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amended by adding Section 301.4575 to read as follows: |
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Sec. 301.4575. PROCEDURES FOR EXPERT ADVANCED PRACTICE |
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REGISTERED NURSE REVIEW. An expert advanced practice registered |
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nurse reviewing a complaint against an advanced practice registered |
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nurse under Section 301.457(h) shall: |
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(1) determine whether the advanced practice |
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registered nurse who is the subject of the complaint has violated |
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the standard of care applicable to the circumstances of the |
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complaint; and |
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(2) issue a preliminary written report of that |
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determination to the board. |
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SECTION 4. Section 301.464(b), Occupations Code, is amended |
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to read as follows: |
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(b) Rules adopted under this section must: |
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(1) provide the complainant and the license holder an |
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opportunity to be heard; [and] |
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(2) require the presence of a representative of the |
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board's legal staff or of the attorney general to advise the board |
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or the board's employees; and |
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(3) if the complaint includes an allegation that an |
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advanced practice registered nurse has violated the standard of |
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care, require that notice of the informal proceeding includes a |
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copy of the report prepared by the expert reviewer under Section |
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301.4575, with any identifying information other than the role and |
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population focus of the expert reviewer redacted. |
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SECTION 5. As soon as practicable after the effective date |
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of this Act, the governor shall appoint two additional members to |
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the Texas Board of Nursing as required by Section 301.051(a), |
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Occupations Code, as amended by this Act. In appointing those |
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members, the governor shall appoint one person to a term expiring |
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January 31, 2025, and one person to a term expiring January 31, |
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2029. |
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SECTION 6. Not later than February 1, 2024, the Texas Board |
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of Nursing shall adopt the rules necessary to implement the changes |
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in law made by this Act. |
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SECTION 7. This Act takes effect September 1, 2023. |