LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 16, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1880 by Nelson (Relating to the regulation of nursing.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. The bill would amend various provisions of Chapter 301 of the Occupations Code, relating to the regulation of nursing. The bill would authorize the Board of Nursing to require a nurse or applicant to submit to an evaluation based on probably cause that the nurse or applicant is unable to practice nursing with reasonable skill and safety. The bill would require the Board of Nursing to adopt rules establishing the qualifications for a licensed practitioner to conduct an evaluation. If the nurse or applicant refuses the evaluation, the bill would require the board to issue an order requiring the nurse or applicant to show cause, and to schedule a hearing with the State Office of Administrative Hearings. The bill would amend provisions relating to the inclusion of factual allegations in formal charges by the board. The bill would also amend provisions relating to probation and authorize the Board of Nursing to require a person subject to a probation order to submit to random drug or alcohol testing. Based on the analysis of the Board of Nursing and the State Office of Administrative Hearings, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies:360 State Office of Administrative Hearings, 507 Texas Board of Nursing LBB Staff: JOB, ES, CL LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION April 16, 2009 TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:SB1880 by Nelson (Relating to the regulation of nursing.), Committee Report 1st House, Substituted TO: Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services FROM: John S. O'Brien, Director, Legislative Budget Board IN RE: SB1880 by Nelson (Relating to the regulation of nursing.), Committee Report 1st House, Substituted Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services John S. O'Brien, Director, Legislative Budget Board John S. O'Brien, Director, Legislative Budget Board SB1880 by Nelson (Relating to the regulation of nursing.), Committee Report 1st House, Substituted SB1880 by Nelson (Relating to the regulation of nursing.), Committee Report 1st House, Substituted No significant fiscal implication to the State is anticipated. No significant fiscal implication to the State is anticipated. The bill would amend various provisions of Chapter 301 of the Occupations Code, relating to the regulation of nursing. The bill would authorize the Board of Nursing to require a nurse or applicant to submit to an evaluation based on probably cause that the nurse or applicant is unable to practice nursing with reasonable skill and safety. The bill would require the Board of Nursing to adopt rules establishing the qualifications for a licensed practitioner to conduct an evaluation. If the nurse or applicant refuses the evaluation, the bill would require the board to issue an order requiring the nurse or applicant to show cause, and to schedule a hearing with the State Office of Administrative Hearings. The bill would amend provisions relating to the inclusion of factual allegations in formal charges by the board. The bill would also amend provisions relating to probation and authorize the Board of Nursing to require a person subject to a probation order to submit to random drug or alcohol testing. Based on the analysis of the Board of Nursing and the State Office of Administrative Hearings, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. The bill would amend various provisions of Chapter 301 of the Occupations Code, relating to the regulation of nursing. The bill would authorize the Board of Nursing to require a nurse or applicant to submit to an evaluation based on probably cause that the nurse or applicant is unable to practice nursing with reasonable skill and safety. The bill would require the Board of Nursing to adopt rules establishing the qualifications for a licensed practitioner to conduct an evaluation. If the nurse or applicant refuses the evaluation, the bill would require the board to issue an order requiring the nurse or applicant to show cause, and to schedule a hearing with the State Office of Administrative Hearings. The bill would amend provisions relating to the inclusion of factual allegations in formal charges by the board. The bill would also amend provisions relating to probation and authorize the Board of Nursing to require a person subject to a probation order to submit to random drug or alcohol testing. Based on the analysis of the Board of Nursing and the State Office of Administrative Hearings, duties and responsibilities associated with implementing the provisions of the bill could be accomplished by utilizing existing resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 360 State Office of Administrative Hearings, 507 Texas Board of Nursing 360 State Office of Administrative Hearings, 507 Texas Board of Nursing LBB Staff: JOB, ES, CL JOB, ES, CL