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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for denial of a license or disciplinary |
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action by the Texas Board of Nursing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.452(b), Occupations Code, is amended |
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to read as follows: |
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(b) A person is subject to denial of a license or to |
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disciplinary action under this subchapter for: |
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(1) a violation of this chapter, a rule or regulation |
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not inconsistent with this chapter, or an order issued under this |
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chapter; |
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(2) fraud or deceit in procuring or attempting to |
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procure a license to practice professional nursing or vocational |
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nursing; |
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(3) a conviction for, or placement on deferred |
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adjudication community supervision or deferred disposition for, a |
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felony or for a misdemeanor involving moral turpitude; |
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(4) conduct that results in the revocation of |
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probation imposed because of conviction for a felony or for a |
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misdemeanor involving moral turpitude; |
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(5) use of a nursing license, diploma, or permit, or |
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the transcript of such a document, that has been fraudulently |
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purchased, issued, counterfeited, or materially altered; |
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(6) impersonating or acting as a proxy for another |
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person in the licensing examination required under Section 301.253 |
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or 301.255; |
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(7) directly or indirectly aiding or abetting an |
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unlicensed person in connection with the unauthorized practice of |
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nursing; |
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(8) revocation, suspension, or denial of, or any other |
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action relating to, the person's license or privilege to practice |
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nursing in another jurisdiction or under federal law; |
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(9) intemperate use of alcohol or drugs that the board |
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determines endangers or could endanger a patient; |
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(10) unprofessional conduct in the practice of nursing |
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that is likely to deceive, defraud, or injure a patient or the |
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public; |
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(11) adjudication of mental incompetency; |
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(12) lack of fitness to practice because of a mental or |
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physical health condition that could result in injury to a patient |
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or the public; |
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(13) performing or delegating to another individual |
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the performance of a pelvic examination on an anesthetized or |
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unconscious patient in violation of Section 167A.002, Health and |
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Safety Code; [or] |
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(14) failure to care adequately for a patient or to |
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conform to the minimum standards of acceptable nursing practice in |
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a manner that, in the board's opinion, exposes a patient or other |
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person unnecessarily to risk of harm; or |
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(15) without the consent of the patient, taking |
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photographs of a patient with a personal electronic device and |
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disseminating the photographs on a social media platform. |
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SECTION 2. The change in law made by this Act applies only |
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to 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 occurred, 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, 2025. |