By: Hegar S.B. No. 1415
(In the Senate - Filed March 5, 2009; March 17, 2009, read
first time and referred to Committee on Health and Human Services;
April 24, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 24, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1415 By: Deuell
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. 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 treat a deferred disciplinary action taken
against a nurse under this section as a prior disciplinary action
against the nurse when considering the imposition of a sanction for
a subsequent violation of this chapter or a rule or order adopted
under this chapter.
(g) The board may contract with a third party to evaluate
the pilot program established under this section.
(h) 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.
(i) This section expires September 1, 2014.
SECTION 2. 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.
(b) The board by rule shall adopt guidelines for the types
of violations for which a corrective action may be imposed.
Sec. 301.653. REPORT AND NOTICE OF VIOLATION AND CORRECTIVE
ACTION. If the executive director determines that a person has
committed a violation for which a corrective action may be imposed
under the guidelines adopted under Section 301.652(b), the
executive director may give written notice of the determination and
recommendation for corrective action to the person subject to the
corrective action. The notice may 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, 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. REPORT TO BOARD. The executive director
shall report periodically to the board on the corrective actions
imposed under this subchapter, including:
(1) the number of corrective actions imposed;
(2) the types of violations for which corrective
actions were imposed; and
(3) whether affected nurses accepted the corrective
actions.
Sec. 301.657. EFFECT ON ACCEPTANCE OF CORRECTIVE ACTION.
(a) Except to the extent provided by this section, 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.
(b) The board may treat a person's acceptance of corrective
action as an admission of a violation if the board imposes a
sanction on the person for a subsequent violation of this chapter or
a rule or order adopted under this chapter.
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.
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