Texas 2009 - 81st Regular

Texas Senate Bill SB1415 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1415
2	2
3	3
4	4	AN ACT
5	5	relating to certain corrective actions by the Texas Board of
6	6	Nursing, including a pilot program on deferred disciplinary action;
7	7	providing corrective actions.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subchapter D, Chapter 301, Occupations Code, is
10	10	amended by adding Section 301.1607 to read as follows:
11	11	Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL
12	12	DISCIPLINARY ACTION. (a) In this section, "deferred disciplinary
13	13	action" means a final disciplinary action against a person licensed
14	14	or regulated under this chapter that is deferred by the board as
15	15	provided by this section.
16	16	(b) Not later than February 1, 2010, the board shall
17	17	determine the feasibility of conducting a pilot program designed to
18	18	evaluate the efficacy and effect on the public's protection of
19	19	board deferral of disciplinary action against a person licensed or
20	20	regulated under this chapter in cases in which the board proposes to
21	21	impose a sanction other than a reprimand or a denial, suspension, or
22	22	revocation of a license. If the board determines the pilot program
23	23	is feasible, the board shall develop and implement the pilot
24	24	program not later than February 1, 2011. The pilot program must
25	25	conclude not later than January 1, 2014.
26	26	(c) The pilot program may not include cases in which the
27	27	board proposes to issue a reprimand or to deny, suspend, or revoke a
28	28	license.
29	29	(d) During the time the pilot program is implemented and for
30	30	any action or complaint for which the board proposes to impose a
31	31	sanction other than a reprimand or a denial, suspension, or
32	32	revocation of a license, the board may:
33	33	(1) defer final disciplinary action the board has
34	34	proposed against a person licensed or regulated under this chapter
35	35	if the person conforms to conditions imposed by the board,
36	36	including any condition the board could impose as a condition of
37	37	probation under Section 301.468; and
38	38	(2) if the person successfully meets the imposed
39	39	conditions, dismiss the complaint.
40	40	(e) Except as otherwise provided by this subsection, a
41	41	deferred disciplinary action by the board under the pilot program
42	42	is not confidential and is subject to disclosure in accordance with
43	43	Chapter 552, Government Code. If the person successfully meets the
44	44	conditions imposed by the board in deferring final disciplinary
45	45	action and the board dismisses the action or complaint, the
46	46	deferred disciplinary action of the board is confidential to the
47	47	same extent as a complaint filed under Section 301.466.
48	48	(f) The board may treat a deferred disciplinary action taken
49	49	against a nurse under this section as a prior disciplinary action
50	50	against the nurse when considering the imposition of a sanction for
51	51	a subsequent violation of this chapter or a rule or order adopted
52	52	under this chapter.
53	53	(g) The board may contract with a third party to evaluate
54	54	the pilot program established under this section.
55	55	(h) The board shall appoint an advisory committee to assist
56	56	the board in overseeing the pilot program and its evaluation. The
57	57	committee must include representatives of public advocacy
58	58	organizations.
59	59	(i) This section expires September 1, 2014.
60	60	SECTION 2. Chapter 301, Occupations Code, is amended by
61	61	adding Subchapter N to read as follows:
62	62	SUBCHAPTER N. CORRECTIVE ACTION PROCEEDING
63	63	Sec. 301.651. DEFINITION. In this subchapter, "corrective
64	64	action" means a fine or remedial education imposed under Section
65	65	301.652.
66	66	Sec. 301.652. IMPOSITION OF CORRECTIVE ACTION. (a) The
67	67	board may impose a corrective action on a person licensed or
68	68	regulated under this chapter who violates this chapter or a rule or
69	69	order adopted under this chapter. The corrective action:
70	70	(1) may be a fine, remedial education, or any
71	71	combination of a fine or remedial education;
72	72	(2) is not a disciplinary action under Subchapter J;
73	73	and
74	74	(3) is subject to disclosure only to the extent a
75	75	complaint is subject to disclosure under Section 301.466.
76	76	(b) The board by rule shall adopt guidelines for the types
77	77	of violations for which a corrective action may be imposed.
78	78	Sec. 301.653. REPORT AND NOTICE OF VIOLATION AND CORRECTIVE
79	79	ACTION. If the executive director determines that a person has
80	80	committed a violation for which a corrective action may be imposed
81	81	under the guidelines adopted under Section 301.652(b), the
82	82	executive director may give written notice of the determination and
83	83	recommendation for corrective action to the person subject to the
84	84	corrective action. The notice may be given by certified mail. The
85	85	notice must:
86	86	(1) include a brief summary of the alleged violation;
87	87	(2) state the recommended corrective action; and
88	88	(3) inform the person of the person's options in
89	89	responding to the notice.
90	90	Sec. 301.654. RESPONSE. Not later than the 20th day after
91	91	the date the person receives the notice under Section 301.653, the
92	92	person may:
93	93	(1) accept in writing the executive director's
94	94	determination and recommended corrective action; or
95	95	(2) reject the executive director's determination and
96	96	recommended corrective action.
97	97	Sec. 301.655. ACTION FOLLOWING RESPONSE. (a) If the
98	98	person accepts the executive director's determination and
99	99	satisfies the recommended corrective action, the case is closed.
100	100	(b) If the person does not accept the executive director's
101	101	determination and recommended corrective action as originally
102	102	proposed or as modified by the board or fails to respond in a timely
103	103	manner to the executive director's notice as provided by Section
104	104	301.654, the executive director shall:
105	105	(1) terminate proceedings under this subchapter; and
106	106	(2) dispose of the matter as a complaint under
107	107	Subchapter J.
108	108	Sec. 301.656. REPORT TO BOARD. The executive director
109	109	shall report periodically to the board on the corrective actions
110	110	imposed under this subchapter, including:
111	111	(1) the number of corrective actions imposed;
112	112	(2) the types of violations for which corrective
113	113	actions were imposed; and
114	114	(3) whether affected nurses accepted the corrective
115	115	actions.
116	116	Sec. 301.657. EFFECT ON ACCEPTANCE OF CORRECTIVE ACTION.
117	117	(a) Except to the extent provided by this section, a person's
118	118	acceptance of a corrective action under this subchapter does not
119	119	constitute an admission of a violation but does constitute a plea of
120	120	nolo contendere.
121	121	(b) The board may treat a person's acceptance of corrective
122	122	action as an admission of a violation if the board imposes a
123	123	sanction on the person for a subsequent violation of this chapter or
124	124	a rule or order adopted under this chapter.
125	125	SECTION 3. The changes in law made by this Act to Chapter
126	126	301, Occupations Code, apply to actions for violations under
127	127	Chapter 301 pending on the effective date of this Act or commenced
128	128	on or after the effective date of this Act.
129	129	SECTION 4. This Act takes effect September 1, 2009.
130	130	______________________________ ______________________________
131	131	President of the Senate Speaker of the House
132	132	I hereby certify that S.B. No. 1415 passed the Senate on
133	133	April 30, 2009, by the following vote: Yeas 31, Nays 0.
134	134	______________________________
135	135	Secretary of the Senate
136	136	I hereby certify that S.B. No. 1415 passed the House on
137	137	May 14, 2009, by the following vote: Yeas 144, Nays 0, one
138	138	present not voting.
139	139	______________________________
140	140	Chief Clerk of the House
141	141	Approved:
142	142	______________________________
143	143	Date
144	144	______________________________
145	145	Governor