Texas 2009 - 81st Regular

Texas House Bill HB1128 Compare Versions

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1	1	81R12558 YDB-D
2	2	By: McReynolds H.B. No. 1128
3	3	Substitute the following for H.B. No. 1128:
4	4	By: Laubenberg C.S.H.B. No. 1128
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain corrective actions by the Texas Board of
10	10	Nursing, including a pilot program on deferred disciplinary action;
11	11	providing corrective actions.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 301, Occupations Code, is amended by
14	14	adding Subchapter N to read as follows:
15	15	SUBCHAPTER N. CORRECTIVE ACTION PROCEEDING
16	16	Sec. 301.651. DEFINITION. In this subchapter, "corrective
17	17	action" means a fine or remedial education imposed under Section
18	18	301.652.
19	19	Sec. 301.652. IMPOSITION OF CORRECTIVE ACTION. (a) The
20	20	board may impose a corrective action on a person licensed or
21	21	regulated under this chapter who violates this chapter or a rule or
22	22	order adopted under this chapter. The corrective action:
23	23	(1) may be a fine, remedial education, or any
24	24	combination of a fine or remedial education;
25	25	(2) is not a disciplinary action under Subchapter J;
26	26	and
27	27	(3) is subject to disclosure only to the extent a
28	28	complaint is subject to disclosure under Section 301.466.
29	29	(b) The board by rule shall adopt guidelines for the types
30	30	of violations for which a corrective action may be imposed.
31	31	Sec. 301.653. REPORT AND NOTICE OF VIOLATION AND CORRECTIVE
32	32	ACTION. If the executive director determines that a person has
33	33	committed a violation for which a corrective action may be imposed
34	34	under the guidelines adopted under Section 301.652(b), the
35	35	executive director may give written notice of the determination and
36	36	recommendation for corrective action to the person subject to the
37	37	corrective action. The notice may be given by certified mail. The
38	38	notice must:
39	39	(1) include a brief summary of the alleged violation;
40	40	(2) state the recommended corrective action; and
41	41	(3) inform the person of the person's options in
42	42	responding to the notice.
43	43	Sec. 301.654. RESPONSE. Not later than the 20th day after
44	44	the date the person receives the notice under Section 301.653, the
45	45	person may:
46	46	(1) accept in writing the executive director's
47	47	determination and recommended corrective action; or
48	48	(2) reject the executive director's determination and
49	49	recommended corrective action.
50	50	Sec. 301.655. ACTION FOLLOWING RESPONSE. (a) If the person
51	51	accepts the executive director's determination and satisfies the
52	52	recommended corrective action, the case is closed.
53	53	(b) If the person does not accept the executive director's
54	54	determination and recommended corrective action as originally
55	55	proposed or as modified by the board or fails to respond in a timely
56	56	manner to the executive director's notice as provided by Section
57	57	301.654, the executive director shall:
58	58	(1) terminate proceedings under this subchapter; and
59	59	(2) dispose of the matter as a complaint under
60	60	Subchapter J.
61	61	Sec. 301.656. REPORT TO BOARD. The executive director
62	62	shall report periodically to the board on the corrective actions
63	63	imposed under this subchapter, including:
64	64	(1) the number of corrective actions imposed;
65	65	(2) the types of violations for which corrective
66	66	actions were imposed; and
67	67	(3) whether affected nurses accepted the corrective
68	68	actions.
69	69	Sec. 301.657. EFFECT ON ACCEPTANCE OF CORRECTIVE ACTION.
70	70	(a) Except to the extent provided by this section, a person's
71	71	acceptance of a corrective action under this subchapter does not
72	72	constitute an admission of a violation but does constitute a plea of
73	73	nolo contendere.
74	74	(b) The board may treat a person's acceptance of corrective
75	75	action as an admission of a violation if the board imposes a
76	76	sanction on the person for a subsequent violation of this chapter or
77	77	a rule or order adopted under this chapter.
78	78	SECTION 2. Subchapter D, Chapter 301, Occupations Code, is
79	79	amended by adding Section 301.1607 to read as follows:
80	80	Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL
81	81	DISCIPLINARY ACTION. (a) In this section, "deferred disciplinary
82	82	action" means a final disciplinary action against a person licensed
83	83	or regulated under this chapter that is deferred by the board as
84	84	provided by this section.
85	85	(b) Not later than February 1, 2010, the board shall
86	86	determine the feasibility of conducting a pilot program designed to
87	87	evaluate the efficacy and effect on the public's protection of
88	88	board deferral of disciplinary action against a person licensed or
89	89	regulated under this chapter in cases in which the board proposes to
90	90	impose a sanction other than a reprimand or a denial, suspension, or
91	91	revocation of a license. If the board determines the pilot program
92	92	is feasible, the board shall develop and implement the pilot
93	93	program not later than February 1, 2011. The pilot program must
94	94	conclude not later than January 1, 2014.
95	95	(c) The pilot program may not include cases in which the
96	96	board proposes to issue a reprimand or to deny, suspend, or revoke a
97	97	license.
98	98	(d) During the time the pilot program is implemented and for
99	99	any action or complaint for which the board proposes to impose a
100	100	sanction other than a reprimand or a denial, suspension, or
101	101	revocation of a license, the board may:
102	102	(1) defer final disciplinary action the board has
103	103	proposed against a person licensed or regulated under this chapter
104	104	if the person conforms to conditions imposed by the board,
105	105	including any condition the board could impose as a condition of
106	106	probation under Section 301.468; and
107	107	(2) if the person successfully meets the imposed
108	108	conditions, dismiss the complaint.
109	109	(e) Except as otherwise provided by this subsection, a
110	110	deferred disciplinary action by the board under the pilot program
111	111	is not confidential and is subject to disclosure in accordance with
112	112	Chapter 552, Government Code. If the person successfully meets the
113	113	conditions imposed by the board in deferring final disciplinary
114	114	action and the board dismisses the action or complaint, the
115	115	deferred disciplinary action of the board is confidential to the
116	116	same extent as a complaint filed under Section 301.466.
117	117	(f) The board may contract with a third party to evaluate
118	118	the pilot program established under this section.
119	119	(g) The board shall appoint an advisory committee to assist
120	120	the board in overseeing the pilot program and its evaluation. The
121	121	committee must include representatives of public advocacy
122	122	organizations.
123	123	(h) This section expires September 1, 2014.
124	124	SECTION 3. The changes in law made by this Act to Chapter
125	125	301, Occupations Code, apply to actions for violations under
126	126	Chapter 301 pending on the effective date of this Act or commenced
127	127	on or after the effective date of this Act.
128	128	SECTION 4. This Act takes effect September 1, 2009.