81R5719 YDB-F
By: McReynolds H.B. No. 1128
A BILL TO BE ENTITLED
AN ACT
relating to certain corrective actions by the Texas Board of
Nursing including a pilot program on deferred disciplinary action;
providing corrective actions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 301, Occupations Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. CORRECTIVE ACTION PROCEEDING
Sec. 301.651. DEFINITION. In this subchapter, "corrective
action" means a fine or remedial education imposed under Section
301.652.
Sec. 301.652. IMPOSITION OF CORRECTIVE ACTION. (a) The
board may impose a corrective action on a person licensed or
regulated under this chapter who violates this chapter or a rule or
order adopted under this chapter. The corrective action:
(1) may be a fine, remedial education, or any
combination of a fine or remedial education;
(2) is not a disciplinary action under Subchapter J;
and
(3) is subject to disclosure only to the extent a
complaint is subject to disclosure under Section 301.466.
Sec. 301.653. REPORT AND NOTICE OF VIOLATION AND CORRECTIVE
ACTION. (a) If the executive director determines that a violation
has occurred, the executive director may issue a report to the board
stating:
(1) the facts on which the determination is based; and
(2) a recommended corrective action.
(b) If three or more members of the board disagree with the
executive director's determination and recommendation for
corrective action, the board may:
(1) modify the determination or corrective action; or
(2) dismiss the case.
(c) The executive director shall give written notice of the
determination and recommendation for corrective action to the
person subject to the corrective action not later than the 14th day
after the date the determination is issued. The notice must be
given by certified mail. The notice must:
(1) include a brief summary of the alleged violation;
(2) state the recommended corrective action; and
(3) inform the person of the person's options in
responding to the notice.
Sec. 301.654. RESPONSE. Not later than the 20th day after
the date the person receives the notice under Section 301.653(c),
the person may:
(1) accept in writing the executive director's
determination and recommended corrective action; or
(2) reject the executive director's determination and
recommended corrective action.
Sec. 301.655. ACTION FOLLOWING RESPONSE. (a) If the person
accepts the executive director's determination and satisfies the
recommended corrective action, the case is closed.
(b) If the person does not accept the executive director's
determination and recommended corrective action as originally
proposed or as modified by the board or fails to respond in a timely
manner to the executive director's notice as provided by Section
301.654, the executive director shall:
(1) terminate proceedings under this subchapter; and
(2) dispose of the matter as a complaint under
Subchapter J.
Sec. 301.656. EFFECT OF ACCEPTANCE OF CORRECTIVE ACTION. A
person's acceptance of a corrective action under this subchapter
does not constitute an admission of a violation, but does
constitute a plea of nolo contendere.
SECTION 2. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Section 301.1607 to read as follows:
Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL
DISCIPLINARY ACTION. (a) In this section, "deferred disciplinary
action" means a final disciplinary action against a person licensed
or regulated under this chapter that is deferred by the board as
provided by this section.
(b) Not later than February 1, 2010, the board shall
determine the feasibility of conducting a pilot program designed to
evaluate the efficacy and effect on the public's protection of
board deferral of disciplinary action against a person licensed or
regulated under this chapter in cases in which the board proposes to
impose a sanction other than a reprimand or a denial, suspension, or
revocation of a license. If the board determines the pilot program
is feasible, the board shall develop and implement the pilot
program not later than February 1, 2011. The pilot program must
conclude not later than January 1, 2014.
(c) The pilot program may not include cases in which the
board proposes to issue a reprimand or to deny, suspend, or revoke a
license.
(d) During the time the pilot program is implemented and for
any action or complaint for which the board proposes to impose a
sanction other than a reprimand or a denial, suspension, or
revocation of a license, the board may:
(1) defer final disciplinary action the board has
proposed against a person licensed or regulated under this chapter
if the person conforms to conditions imposed by the board,
including any condition the board could impose as a condition of
probation under Section 301.468; and
(2) if the person successfully meets the imposed
conditions, dismiss the complaint.
(e) Except as otherwise provided by this subsection, a
deferred disciplinary action by the board under the pilot program
is not confidential and is subject to disclosure in accordance with
Chapter 552, Government Code. If the person successfully meets the
conditions imposed by the board in deferring final disciplinary
action and the board dismisses the action or complaint, the
deferred disciplinary action of the board is confidential to the
same extent as a complaint filed under Section 301.466.
(f) The board may contract with a third party to evaluate
the pilot program established under this section.
(g) The board shall appoint an advisory committee to assist
the board in overseeing the pilot program and its evaluation. The
committee must include representatives of public advocacy
organizations.
(h) This section expires September 1, 2014.
SECTION 3. The changes in law made by this Act to Chapter
301, Occupations Code, apply to actions for violations under
Chapter 301 pending on the effective date of this Act or commenced
on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2009.