88R10447 BEE-F
 
  By: LaMantia S.B. No. 1343
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition of the Texas Board of Nursing and
  procedures applicable to complaints against advanced practice
  registered nurses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.051(a), Occupations Code, is amended
  to read as follows:
         (a)  The Texas Board of Nursing consists of 15 [13] members
  appointed by the governor with the advice and consent of the senate
  as follows:
               (1)  seven [six] nurse members, including:
                     (A)  two [one] advanced practice registered
  nurses [nurse];
                     (B)  two registered nurses who are not advanced
  practice registered nurses or members of a nurse faculty; and
                     (C)  three vocational nurses who are not members
  of a nurse faculty;
               (2)  three members who are nurse faculty members of
  schools of nursing:
                     (A)  one of whom is a nurse faculty member of a
  school of nursing offering a baccalaureate degree program in
  preparing registered nurses;
                     (B)  one of whom is a nurse faculty member of a
  school of nursing offering an associate degree program in preparing
  registered nurses; and
                     (C)  one of whom is a nurse faculty member of a
  school of nursing at an institution of higher education preparing
  vocational nurses; and
               (3)  five [four] members who represent the public.
         SECTION 2.  Section 301.457, Occupations Code, is amended by
  adding Subsections (b-1), (h), and (i) to read as follows:
         (b-1)  The board by rule shall provide for the appointment by
  the board of advanced practice registered nurses to act as expert
  reviewers and assist with complaints and investigations relating to
  alleged standard of care violations by advanced practice registered
  nurses.
         (h)  Except as provided by Subsection (i), if the board
  determines under Subsection (e) that an act by an advanced practice
  registered nurse falls below an acceptable standard of care, the
  board shall refer the complaint for review by an expert reviewer
  appointed under Subsection (b-1) who practices in the same advanced
  practice role and population focus as the nurse who is the subject
  of the complaint.
         (i)  The board may not refer a complaint against an advanced
  practice registered nurse to an expert reviewer under Subsection
  (h) if the act alleged in the complaint is:
               (1)  within the scope of practice applicable to a nurse
  who is not an advanced practice registered nurse; or
               (2)  considered unprofessional conduct.
         SECTION 3.  Subchapter J, Chapter 301, Occupations Code, is
  amended by adding Section 301.4575 to read as follows:
         Sec. 301.4575.  PROCEDURES FOR EXPERT ADVANCED PRACTICE
  REGISTERED NURSE REVIEW. An expert advanced practice registered
  nurse reviewing a complaint against an advanced practice registered
  nurse under Section 301.457(h) shall:
               (1)  determine whether the advanced practice
  registered nurse who is the subject of the complaint has violated
  the standard of care applicable to the circumstances of the
  complaint; and
               (2)  issue a preliminary written report of that
  determination to the board.
         SECTION 4.  Section 301.464(b), Occupations Code, is amended
  to read as follows:
         (b)  Rules adopted under this section must:
               (1)  provide the complainant and the license holder an
  opportunity to be heard; [and]
               (2)  require the presence of a representative of the
  board's legal staff or of the attorney general to advise the board
  or the board's employees; and
               (3)  if the complaint includes an allegation that an
  advanced practice registered nurse has violated the standard of
  care, require that notice of the informal proceeding includes a
  copy of the report prepared by the expert reviewer under Section
  301.4575, with any identifying information other than the role and
  population focus of the expert reviewer redacted.
         SECTION 5.  As soon as practicable after the effective date
  of this Act, the governor shall appoint two additional members to
  the Texas Board of Nursing as required by Section 301.051(a),
  Occupations Code, as amended by this Act. In appointing those
  members, the governor shall appoint one person to a term expiring
  January 31, 2025, and one person to a term expiring January 31,
  2029.
         SECTION 6.  Not later than February 1, 2024, the Texas Board
  of Nursing shall adopt the rules necessary to implement the changes
  in law made by this Act.
         SECTION 7.  This Act takes effect September 1, 2023.