Texas 2009 - 81st Regular

Texas House Bill HB3961 Compare Versions

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1	1	H.B. No. 3961
2	2
3	3
4	4	AN ACT
5	5	relating to the regulation of nursing.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 301.155(c), Occupations Code, is amended
8	8	to read as follows:
9	9	(c) The board shall assess a [$3] surcharge of not less than
10	10	$3 or more than $5 for a registered nurse and a [$2] surcharge of not
11	11	less than $2 or more than $3 for a vocational nurse to the fee
12	12	established by the board under Subsection (a) for a license holder
13	13	to renew a license under this chapter. The board may use nine cents
14	14	of the registered nurse surcharge and six cents of the vocational
15	15	nurse surcharge to cover the administrative costs of collecting and
16	16	depositing the surcharge. The board quarterly shall transmit the
17	17	remainder of each surcharge to the Department of State Health
18	18	Services to be used only to implement the nursing resource section
19	19	under Section 105.002, Health and Safety Code. The board is not
20	20	required to collect the surcharge if the board determines the funds
21	21	collected are not appropriated for the purpose of funding the
22	22	nursing resource section.
23	23	SECTION 2. Section 301.157, Occupations Code, is amended by
24	24	amending Subsection (d-4) and adding Subsections (d-8), (d-9),
25	25	(d-10), and (d-11) to read as follows:
26	26	(d-4) The board may recognize and accept as approved under
27	27	this section a school of nursing or educational program operated in
28	28	another state and approved by a state board of nursing or other
29	29	regulatory body of that [another] state. The board shall develop
30	30	policies to ensure that the other state's [state board's] standards
31	31	are substantially equivalent to the board's standards.
32	32	(d-8) For purposes of Subsection (d-4), a nursing program
33	33	is considered to meet standards substantially equivalent to the
34	34	board's standards if the program:
35	35	(1) is part of an institution of higher education
36	36	located outside this state that is approved by the appropriate
37	37	regulatory authorities of that state;
38	38	(2) holds regional accreditation by an accrediting
39	39	body recognized by the United States secretary of education and the
40	40	Council for Higher Education Accreditation;
41	41	(3) holds specialty accreditation by an accrediting
42	42	body recognized by the United States secretary of education and the
43	43	Council for Higher Education Accreditation, including the National
44	44	League for Nursing Accrediting Commission;
45	45	(4) requires program applicants to be a licensed
46	46	practical or vocational nurse, a military service corpsman, or a
47	47	paramedic, or to hold a college degree in a clinically oriented
48	48	health care field with demonstrated experience providing direct
49	49	patient care; and
50	50	(5) graduates students who:
51	51	(A) achieve faculty-determined program outcomes,
52	52	including passing criterion-referenced examinations of nursing
53	53	knowledge essential to beginning a registered nursing practice and
54	54	transitioning to the role of registered nurse;
55	55	(B) pass a criterion-referenced summative
56	56	performance examination developed by faculty subject matter
57	57	experts that measures clinical competencies essential to beginning
58	58	a registered nursing practice and that meets nationally recognized
59	59	standards for educational testing, including the educational
60	60	testing standards of the American Educational Research
61	61	Association, the American Psychological Association, and the
62	62	National Council on Measurement in Education; and
63	63	(C) pass the National Council Licensure
64	64	Examination for Registered Nurses at a rate equivalent to the
65	65	passage rate for students of approved in-state programs.
66	66	(d-9) A graduate of a clinical competency assessment
67	67	program operated in another state and approved by a state board of
68	68	nursing or other regulatory body of another state is eligible to
69	69	apply for an initial license under this chapter if:
70	70	(1) the board allowed graduates of the program to
71	71	apply for an initial license under this chapter continuously during
72	72	the 10-year period preceding January 1, 2007;
73	73	(2) the program does not make any substantial changes
74	74	in the length or content of its clinical competency assessment
75	75	without the board's approval;
76	76	(3) the program remains in good standing with the
77	77	state board of nursing or other regulatory body in the other state;
78	78	and
79	79	(4) the program participates in the research study
80	80	under Section 105.008, Health and Safety Code.
81	81	(d-10) In this section, the terms "clinical competency
82	82	assessment program" and "supervised clinical learning experiences
83	83	program" have the meanings assigned by Section 105.008, Health and
84	84	Safety Code.
85	85	(d-11) Subsections (d-8), (d-9), (d-10), and (d-11) expire
86	86	December 31, 2017. As part of the first review conducted under
87	87	Section 301.003 after September 1, 2009, the Sunset Advisory
88	88	Commission shall:
89	89	(1) recommend whether Subsections (d-8) and (d-9)
90	90	should be extended; and
91	91	(2) recommend any changes to Subsections (d-8) and
92	92	(d-9) relating to the eligibility for a license of graduates of a
93	93	clinical competency assessment program operated in another state.
94	94	SECTION 3. Section 301.160(a)(2), Occupations Code, is
95	95	amended to read as follows:
96	96	(2) "Targeted continuing nursing education" means
97	97	continuing education focusing on a skill that would likely benefit
98	98	a significant proportion of [registered] nurses in a particular
99	99	practice area.
100	100	SECTION 4. Sections 301.160(b) and (j) are amended to read
101	101	as follows:
102	102	(b) The board may develop pilot programs to evaluate the
103	103	effectiveness of mechanisms, including proactive nursing peer
104	104	review and targeted continuing nursing education, for maintenance
105	105	of the clinical competency of a [registered] nurse in the nurse's
106	106	area of practice and the understanding by [registered] nurses of
107	107	the laws, including regulations, governing the practice of
108	108	[professional] nursing.
109	109	(j) The board shall issue an annual report regarding any
110	110	pilot programs developed or approved and a status report on those
111	111	programs, including preliminary or final findings concerning their
112	112	effectiveness. The board shall mail the report to statewide
113	113	associations of [registered] nurses and[, registered nurse]
114	114	educators[,] and employers of [registered] nurses that request a
115	115	copy. [The board shall issue a final report not later than
116	116	September 1, 2000.]
117	117	SECTION 5. Sections 301.1605(a) and (c), Occupations Code,
118	118	are amended to read as follows:
119	119	(a) The board may approve and adopt rules regarding pilot
120	120	programs for innovative applications in the practice and regulation
121	121	of [professional] nursing.
122	122	(c) In approving a pilot program, the board may grant the
123	123	program an exception to the mandatory reporting requirements of
124	124	Sections 301.401-301.409 or to a rule adopted under this chapter or
125	125	Chapter 303 that relates to the practice of [professional] nursing,
126	126	including education and reporting requirements for [registered]
127	127	nurses. The board may not grant an exception to:
128	128	(1) the education requirements of this chapter unless
129	129	the program includes alternate but substantially equivalent
130	130	requirements; or
131	131	(2) the mandatory reporting requirements unless the
132	132	program:
133	133	(A) is designed to evaluate the efficiency of
134	134	alternative reporting methods; and
135	135	(B) provides consumers adequate protection from
136	136	[registered] nurses whose continued practice is a threat to public
137	137	safety.
138	138	SECTION 6. Sections 301.1606(a) and (b), Occupations Code,
139	139	are amended to read as follows:
140	140	(a) The [Before January 1, 2004, the] board may [shall]
141	141	solicit proposals for pilot programs designed to evaluate the
142	142	efficacy and effect on protection of the public of reporting
143	143	systems designed to encourage identification of system errors.
144	144	(b) The board may grant a pilot program approved under this
145	145	section an exception to the mandatory reporting requirements of
146	146	Sections 301.401-301.409 or to a rule adopted under this chapter or
147	147	Chapter 303 that relates to the practice of [professional] nursing,
148	148	including education and reporting requirements for [registered]
149	149	nurses. If the board grants an exception, the board may require
150	150	that the program:
151	151	(1) provide for the remediation of the deficiencies of
152	152	a [registered] nurse who has knowledge or skill deficiencies that
153	153	unless corrected may result in an unreasonable risk to public
154	154	safety;
155	155	(2) provide for supervision of the nurse during
156	156	remediation of deficiencies under Subdivision (1);
157	157	(3) require reporting to the board of a [registered]
158	158	nurse:
159	159	(A) who fails to satisfactorily complete
160	160	remediation, or who does not make satisfactory progress in
161	161	remediation, under Subdivision (1);
162	162	(B) whose incompetence in the practice of
163	163	[professional] nursing would pose a continued risk of harm to the
164	164	public; or
165	165	(C) whose error contributed to a patient death or
166	166	serious patient injury; or
167	167	(4) provide for a nursing peer review committee to
168	168	review whether a [registered] nurse is appropriate for remediation
169	169	under Subdivision (1).
170	170	SECTION 7. Subchapter E, Chapter 301, Occupations Code, is
171	171	amended by adding Sections 301.206 and 301.207 to read as follows:
172	172	Sec. 301.206. CONFIDENTIALITY OF INFORMATION COLLECTED FOR
173	173	EMERGENCY RELIEF PROGRAMS. (a) In this section, "emergency relief
174	174	program" means a program operated or sponsored by the federal
175	175	government, the state, or a nonprofit organization to provide
176	176	nurses to assist in providing health care to victims or potential
177	177	victims of a disaster or state or local emergency.
178	178	(b) A nurse's personal contact information, including
179	179	e-mail addresses, telephone numbers, and fax numbers, collected by
180	180	the board for use by an emergency relief program is:
181	181	(1) confidential and not subject to disclosure under
182	182	Chapter 552, Government Code; and
183	183	(2) not subject to disclosure, discovery, subpoena, or
184	184	other means of legal compulsion for release to anyone other than for
185	185	the purpose of contacting the nurse to assist in an emergency relief
186	186	program.
187	187	Sec. 301.207. CONFIDENTIALITY OF HEALTH INFORMATION
188	188	PROVIDED FOR LICENSURE. Information regarding a person's diagnosis
189	189	or treatment for a physical condition, mental condition, or
190	190	chemical dependency that the person submits to the board for a
191	191	petition for a declaratory order of eligibility for a license or for
192	192	an application for an initial license or a license renewal under
193	193	this chapter is confidential to the same extent information
194	194	collected on a nurse as part of an investigation of a complaint is
195	195	confidential under Section 301.466.
196	196	SECTION 8. Section 301.257(a), Occupations Code, is amended
197	197	to read as follows:
198	198	(a) A person may petition the board for a declaratory order
199	199	as to the person's eligibility for a license under this chapter if
200	200	the person has reason to believe that the person is ineligible for
201	201	the license and:
202	202	(1) is enrolled or planning to enroll in an
203	203	educational program that prepares a person for an initial license
204	204	as a registered nurse or vocational nurse; or [and]
205	205	(2) is an applicant for a [has reason to believe that
206	206	the person is ineligible for the] license.
207	207	SECTION 9. Section 301.401(2), Occupations Code, is amended
208	208	to read as follows:
209	209	(2) "Minor incident" means conduct by a nurse that
210	210	does not indicate that the nurse's continued practice poses a risk
211	211	of harm to a patient or another person. This term is synonymous
212	212	with "minor error" or "minor violation of this chapter or board
213	213	rule."
214	214	SECTION 10. Subchapter J, Chapter 301, Occupations Code, is
215	215	amended by adding Section 301.4521 to read as follows:
216	216	Sec. 301.4521. PHYSICAL AND PSYCHOLOGICAL EVALUATION. (a)
217	217	In this section:
218	218	(1) "Applicant" means:
219	219	(A) a petitioner for a declaratory order of
220	220	eligibility for a license; or
221	221	(B) an applicant for an initial license or
222	222	renewal of a license.
223	223	(2) "Evaluation" means a physical or psychological
224	224	evaluation conducted to determine a person's fitness to practice
225	225	nursing.
226	226	(b) The board may require a nurse or applicant to submit to
227	227	an evaluation only if the board has probable cause to believe that
228	228	the nurse or applicant is unable to practice nursing with
229	229	reasonable skill and safety to patients because of:
230	230	(1) physical impairment;
231	231	(2) mental impairment; or
232	232	(3) chemical dependency or abuse of drugs or alcohol.
233	233	(c) A demand for an evaluation under Subsection (b) must be
234	234	in writing and state:
235	235	(1) the reasons probable cause exists to require the
236	236	evaluation; and
237	237	(2) that refusal by the nurse or applicant to submit to
238	238	the evaluation will result in an administrative hearing to be held
239	239	to make a final determination of whether probable cause for the
240	240	evaluation exists.
241	241	(d) If the nurse or applicant refuses to submit to the
242	242	evaluation, the board shall schedule a hearing on the issue of
243	243	probable cause to be conducted by the State Office of
244	244	Administrative Hearings. The nurse or applicant must be notified
245	245	of the hearing by personal service or certified mail. The hearing
246	246	is limited to the issue of whether the board had probable cause to
247	247	require an evaluation. The nurse or applicant may present testimony
248	248	and other evidence at the hearing to show why the nurse or applicant
249	249	should not be required to submit to the evaluation. The board has
250	250	the burden of proving that probable cause exists. At the conclusion
251	251	of the hearing, the hearing officer shall enter an order requiring
252	252	the nurse or applicant to submit to the evaluation or an order
253	253	rescinding the board's demand for an evaluation. The order may not
254	254	be vacated or modified under Section 2001.058, Government Code.
255	255	(e) If a nurse or applicant refuses to submit to an
256	256	evaluation after an order requiring the evaluation is entered under
257	257	Subsection (d), the board may:
258	258	(1) refuse to issue or renew a license;
259	259	(2) suspend a license; or
260	260	(3) issue an order limiting the license.
261	261	(f) The board may request a nurse or applicant to consent to
262	262	an evaluation by a practitioner approved by the board for a reason
263	263	other than a reason listed in Subsection (b). A request for an
264	264	evaluation under this subsection must be in writing and state:
265	265	(1) the reasons for the request;
266	266	(2) the type of evaluation requested;
267	267	(3) how the board may use the evaluation;
268	268	(4) that the nurse or applicant may refuse to submit to
269	269	an evaluation; and
270	270	(5) the procedures for submitting an evaluation as
271	271	evidence in any hearing regarding the issuance or renewal of the
272	272	nurse's or applicant's license.
273	273	(g) If a nurse or applicant refuses to consent to an
274	274	evaluation under Subsection (f), the nurse or applicant may not
275	275	introduce an evaluation into evidence at a hearing to determine the
276	276	nurse's or applicant's right to be issued or retain a nursing
277	277	license unless the nurse or applicant:
278	278	(1) not later than the 30th day before the date of the
279	279	hearing, notifies the board that an evaluation will be introduced
280	280	into evidence at the hearing;
281	281	(2) provides the board the results of that evaluation;
282	282	(3) informs the board of any other evaluations by any
283	283	other practitioners; and
284	284	(4) consents to an evaluation by a practitioner that
285	285	meets board standards established under Subsection (h).
286	286	(h) The board shall establish by rule the qualifications for
287	287	a licensed practitioner to conduct an evaluation under this
288	288	section. The board shall maintain a list of qualified
289	289	practitioners. The board may solicit qualified practitioners
290	290	located throughout the state to be on the list.
291	291	(i) A nurse or applicant shall pay the costs of an
292	292	evaluation conducted under this section.
293	293	(j) The results of an evaluation under this section are:
294	294	(1) confidential and not subject to disclosure under
295	295	Chapter 552, Government Code; and
296	296	(2) not subject to disclosure by discovery, subpoena,
297	297	or other means of legal compulsion for release to anyone, except
298	298	that the results may be:
299	299	(A) introduced as evidence in a proceeding before
300	300	the board or a hearing conducted by the State Office of
301	301	Administrative Hearings under this chapter; or
302	302	(B) included in the findings of fact and
303	303	conclusions of law in a final board order.
304	304	(k) If the board determines there is insufficient evidence
305	305	to bring action against a person based on the results of any
306	306	evaluation under this section, the evaluation must be expunged from
307	307	the board's records.
308	308	(l) The board shall adopt guidelines for requiring or
309	309	requesting a nurse or applicant to submit to an evaluation under
310	310	this section.
311	311	(m) The authority granted to the board under this section is
312	312	in addition to the board's authority to make licensing decisions
313	313	under this chapter.
314	314	SECTION 11. Sections 301.453(a) and (b), Occupations Code,
315	315	are amended to read as follows:
316	316	(a) If the board determines that a person has committed an
317	317	act listed in Section 301.452(b), the board shall enter an order
318	318	imposing one or more of the following:
319	319	(1) denial of the person's application for a license,
320	320	license renewal, or temporary permit;
321	321	(2) issuance of a written warning;
322	322	(3) administration of a public reprimand;
323	323	(4) limitation or restriction of the person's license,
324	324	including:
325	325	(A) limiting to or excluding from the person's
326	326	practice one or more specified activities of nursing; or
327	327	(B) stipulating periodic board review;
328	328	(5) suspension of the person's license [for a period
329	329	not to exceed five years];
330	330	(6) revocation of the person's license; or
331	331	(7) assessment of a fine.
332	332	(b) In addition to or instead of an action under Subsection
333	333	(a), the board, by order, may require the person to:
334	334	(1) submit to care, counseling, or treatment by a
335	335	health provider designated by the board as a condition for the
336	336	issuance or renewal of a license;
337	337	(2) participate in a program of education or
338	338	counseling prescribed by the board, including a program of remedial
339	339	education;
340	340	(3) practice for a specified period under the
341	341	direction of a registered nurse or vocational nurse designated by
342	342	the board; or
343	343	(4) perform public service the board considers
344	344	appropriate.
345	345	SECTION 12. Section 301.4535, Occupations Code, is amended
346	346	by adding Subsection (a-1) and amending Subsection (b) to read as
347	347	follows:
348	348	(a-1) An applicant or nurse who is refused an initial
349	349	license or renewal of a license or whose license is suspended under
350	350	Subsection (a) is not eligible for a probationary, stipulated, or
351	351	otherwise encumbered license unless the board establishes by rule
352	352	criteria that would permit the issuance or renewal of the license.
353	353	(b) On final conviction or a plea of guilty or nolo
354	354	contendere for an offense listed in Subsection (a), the board, as
355	355	appropriate, may not issue a license to an applicant, shall refuse
356	356	to renew a license, or shall revoke a license [if the applicant or
357	357	license holder did not previously disclose the conviction or plea
358	358	and the fifth anniversary of the date the person successfully
359	359	completed community supervision or parole has not occurred].
360	360	SECTION 13. Subchapter J, Chapter 301, Occupations Code, is
361	361	amended by adding Section 301.4551 to read as follows:
362	362	Sec. 301.4551. TEMPORARY LICENSE SUSPENSION FOR DRUG OR
363	363	ALCOHOL USE. The board shall temporarily suspend the license of a
364	364	nurse as provided by Section 301.455 if the nurse is under a board
365	365	order prohibiting the use of alcohol or a drug or requiring the
366	366	nurse to participate in a peer assistance program, and the nurse:
367	367	(1) tests positive for alcohol or a prohibited drug;
368	368	(2) refuses to comply with a board order to submit to a
369	369	drug or alcohol test; or
370	370	(3) fails to participate in the peer assistance
371	371	program and the program issues a letter of dismissal and referral to
372	372	the board for noncompliance.
373	373	SECTION 14. Section 301.468, Occupations Code, is amended
374	374	by amending Subsection (a) and adding Subsections (e) and (f) to
375	375	read as follows:
376	376	(a) The board may determine that an order denying a license
377	377	application or suspending a license be probated. A person subject
378	378	to a probation order shall conform to each condition the board sets
379	379	as the terms of probation, including a condition:
380	380	(1) limiting the practice of the person to, or
381	381	excluding, one or more specified activities of professional nursing
382	382	or vocational nursing; [or]
383	383	(2) requiring the person to submit to supervision,
384	384	care, counseling, or treatment by a practitioner designated by the
385	385	board; or
386	386	(3) requiring the person to submit to random drug or
387	387	alcohol tests in the manner prescribed by the board.
388	388	(e) A hearing under this section is limited to a
389	389	determination of whether the person violated the terms of the
390	390	probation order under Subsection (a) and whether the board should:
391	391	(1) continue, rescind, or modify the terms of
392	392	probation, including imposing an administrative penalty; or
393	393	(2) enter an order denying, suspending, or revoking
394	394	the person's license.
395	395	(f) If one of the conditions of probation is the
396	396	prohibition of using alcohol or a drug or participation in a peer
397	397	assistance program, violation of that condition is established by:
398	398	(1) a positive drug or alcohol test result;
399	399	(2) refusal to submit to a drug or alcohol test as
400	400	required by the board; or
401	401	(3) a letter of noncompliance from the peer assistance
402	402	program.
403	403	SECTION 15. Section 63.202(f), Education Code, is amended
404	404	to read as follows:
405	405	(f) Notwithstanding the limitation provided by Subsection
406	406	(b), grants awarded under Subsection (c) for the state fiscal
407	407	biennium ending on August 31, 2009, and the fiscal biennium ending
408	408	on August 31, 2011, by the Texas Higher Education Coordinating
409	409	Board shall be awarded to programs preparing students for initial
410	410	licensure as registered nurses or programs preparing qualified
411	411	faculty members with a master's or doctoral degree for the program,
412	412	including programs at two-year institutions of higher education,
413	413	four-year general academic teaching institutions, health science
414	414	centers, and independent or private institutions of higher
415	415	education, or to the nursing resource section established under
416	416	Section 105.002(b), Health and Safety Code. In awarding grants
417	417	under this subsection, the coordinating board may:
418	418	(1) give priority to institutions proposing to address
419	419	the shortage of registered nurses by promoting innovation in
420	420	education, recruitment, and retention of nursing students and
421	421	qualified faculty;
422	422	(2) award grants on a competitive basis; [and]
423	423	(3) consider the availability of matching funds; and
424	424	(4) fund a study by the nursing resource section to
425	425	evaluate the competencies of clinical judgment and behaviors that
426	426	professional nursing students should possess at the time of
427	427	graduation.
428	428	SECTION 16. Chapter 105, Health and Safety Code, is amended
429	429	by adding Section 105.008 to read as follows:
430	430	Sec. 105.008. STUDY OF ALTERNATE WAYS TO ASSURE CLINICAL
431	431	COMPETENCY OF GRADUATES OF NURSING EDUCATIONAL PROGRAMS. (a) In
432	432	this section:
433	433	(1) "Clinical competency assessment program" means a
434	434	professional nursing prelicensure program that employs a
435	435	criterion-referenced summative performance examination, developed
436	436	by subject matter experts, to verify its graduates' attainment of
437	437	the clinical competency necessary for initial licensure as a
438	438	registered nurse.
439	439	(2) "Professional nursing prelicensure program" means
440	440	a professional nursing educational program that prepares students
441	441	to obtain an initial license as a registered nurse.
442	442	(3) "Research study" means the study described by
443	443	Subsection (b).
444	444	(4) "Supervised clinical learning experiences
445	445	program" means a professional nursing prelicensure program that
446	446	requires students to complete a required number of supervised
447	447	clinical learning experiences provided by qualified clinical
448	448	faculty involving multiple, ongoing assessments and feedback.
449	449	(b) To the extent funding is available, the nursing resource
450	450	section established under Section 105.002(b) shall conduct a
451	451	research study to identify:
452	452	(1) a set of expected student outcomes in terms of
453	453	clinical judgment and behaviors that professional nursing students
454	454	should possess at the time of graduation from a professional
455	455	nursing prelicensure program;
456	456	(2) standardized, reliable, and valid clinical exit
457	457	evaluation tools that could be used to evaluate the competencies in
458	458	clinical judgment and behaviors that professional nursing students
459	459	possess at the time of graduation from a professional nursing
460	460	prelicensure program;
461	461	(3) any correlation between the success rate of
462	462	graduates of professional nursing prelicensure programs on
463	463	standardized clinical exit evaluation tools and their educational
464	464	and experiential background, including:
465	465	(A) length and type of health care work
466	466	experience before entering the professional nursing prelicensure
467	467	programs;
468	468	(B) health care work experience during the
469	469	professional nursing prelicensure programs; and
470	470	(C) alternative methods of teaching clinical
471	471	judgment and behaviors, including supervised clinicals and
472	472	simulation laboratories; and
473	473	(4) any correlation between the required number of
474	474	hours in supervised clinical learning experiences and expected
475	475	student outcomes in terms of clinical judgment and behaviors.
476	476	(c) In addition to any other objective, the research study
477	477	must be designed to determine if the graduates of a clinical
478	478	competency assessment program are substantially equivalent to the
479	479	graduates of supervised clinical learning experiences programs in
480	480	terms of clinical judgments and behaviors. For purposes of this
481	481	subsection, the clinical competency assessment program must be one
482	482	that:
483	483	(1) has been requiring a clinical competency
484	484	assessment for at least 10 years;
485	485	(2) has students who reside in this state;
486	486	(3) has graduates who have been considered by the
487	487	Texas Board of Nursing to be eligible to apply for a registered
488	488	nurse license as a result of graduating from the program on or
489	489	before January 1, 2007; and
490	490	(4) conducts the clinical competency assessment at a
491	491	facility or facilities located in this state under the supervision
492	492	of a qualified clinical faculty member who is a registered nurse and
493	493	who holds a master's or doctoral degree in nursing.
494	494	(d) Considerations to be used in determining substantial
495	495	equivalence under Subsection (c) must include the differences
496	496	between the clinical competency assessment program and the
497	497	supervised clinical learning experiences program in:
498	498	(1) the methods of evaluating students' clinical
499	499	judgment and behaviors;
500	500	(2) performance on standardized clinical exit
501	501	evaluation tools;
502	502	(3) the ability of graduates to transition to and
503	503	assimilate in the registered nurse's role; and
504	504	(4) passage rates on the National Council Licensure
505	505	Examination.
506	506	(e) The nursing resource section shall contract with an
507	507	independent researcher to develop the research design and conduct
508	508	the research. The independent researcher must be selected by a
509	509	selection committee composed of:
510	510	(1) one representative elected by a majority of the
511	511	nursing advisory committee under Section 104.0155, who is the chair
512	512	of the selection committee;
513	513	(2) one representative designated by the Texas Health
514	514	Care Policy Council;
515	515	(3) the presiding officer of the Texas Board of
516	516	Nursing;
517	517	(4) one representative of the Texas Higher Education
518	518	Coordinating Board, designated by the governor;
519	519	(5) one representative designated by the Texas
520	520	Hospital Association;
521	521	(6) one representative designated by the Texas
522	522	Association of Business;
523	523	(7) one representative designated by a clinical
524	524	competency assessment program that meets the requirements of
525	525	Section 301.157(d-8), Occupations Code; and
526	526	(8) the nurse researcher member of the nursing
527	527	advisory committee under Section 104.0155.
528	528	(f) The nursing resource section shall complete the study
529	529	not later than June 30, 2014, and shall submit a report to the
530	530	office of the governor, the Senate Committee on Health and Human
531	531	Services, and the House Committee on Public Health. The report must
532	532	include a research abstract prepared by the independent researcher.
533	533	(g) The nursing resource section may cooperate with the
534	534	Texas Board of Nursing and the Texas Higher Education Coordinating
535	535	Board in conducting the study.
536	536	(h) The nursing advisory committee formed under Section
537	537	104.0155 shall serve as the oversight committee for the study.
538	538	(i) Any data collected as part of the study that contains
539	539	information identifying specific students, patients, or health
540	540	care facilities is confidential, is not subject to disclosure under
541	541	Chapter 552, Government Code, and may not be released unless all
542	542	identifying information is removed.
543	543	(j) In addition to funds appropriated by the legislature,
544	544	the nursing resource section may solicit, receive, and spend
545	545	grants, gifts, and donations from public or private sources for the
546	546	purpose of conducting the study.
547	547	(k) If grants or other funds are available through the
548	548	National Council of State Boards of Nursing that could be used to
549	549	fund the study, the nursing resource section shall apply for the
550	550	funds to the maximum amount available up to the estimated cost of
551	551	the study. In making the application or accepting the funding, the
552	552	nursing resource section may not relinquish any oversight
553	553	responsibility for the study, including responsibility for
554	554	designing and conducting the research or developing the findings.
555	555	SECTION 17. Section 301.202(b), Occupations Code, is
556	556	repealed.
557	557	SECTION 18. (a) The change in law made by Section 301.4521,
558	558	Occupations Code, as added by this Act, applies only to an
559	559	application filed with the Texas Board of Nursing on or after the
560	560	effective date of this Act. An application filed before the
561	561	effective date of this Act is covered by the law in effect when the
562	562	application was filed, and the former law is continued in effect for
563	563	that purpose.
564	564	(b) The changes in law made by Section 301.4551, Occupations
565	565	Code, as added by this Act, and Section 301.468, Occupations Code,
566	566	as amended by this Act, apply only to a violation of an order issued
567	567	by the Texas Board of Nursing on or after the effective date of this
568	568	Act. A violation of an order issued by the Texas Board of Nursing
569	569	before the effective date of this Act is covered by the law in
570	570	effect when the order was issued, and the former law is continued in
571	571	effect for that purpose.
572	572	SECTION 19. This Act takes effect immediately if it
573	573	receives a vote of two-thirds of all the members elected to each
574	574	house, as provided by Section 39, Article III, Texas Constitution.
575	575	If this Act does not receive the vote necessary for immediate
576	576	effect, this Act takes effect September 1, 2009.
577	577	______________________________ ______________________________
578	578	President of the Senate Speaker of the House
579	579	I certify that H.B. No. 3961 was passed by the House on April
580	580	28, 2009, by the following vote: Yeas 147, Nays 0, 1 present, not
581	581	voting; and that the House concurred in Senate amendments to H.B.
582	582	No. 3961 on May 23, 2009, by the following vote: Yeas 130, Nays 1,
583	583	1 present, not voting.
584	584	______________________________
585	585	Chief Clerk of the House
586	586	I certify that H.B. No. 3961 was passed by the Senate, with
587	587	amendments, on May 21, 2009, by the following vote: Yeas 31, Nays
588	588	0.
589	589	______________________________
590	590	Secretary of the Senate
591	591	APPROVED: __________________
592	592	Date
593	593	__________________
594	594	Governor