Texas 2019 - 86th Regular

Texas House Bill HB2410 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2410
	1	+	By: Klick (Senate Sponsor - Perry) H.B. No. 2410
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 20, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to a request for a nursing peer review committee
6	12		determination.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 303.005, Occupations Code, is amended by
9	15		amending Subsections (b) and (d) and adding Subsections (b-1) and
10	16		(b-2) to read as follows:
11	17		(b) Except as provided by Subsection (b-1), if [If] a person
12	18		who is required to establish a nursing peer review committee under
13	19		Section 303.0015 requests a nurse to engage in conduct that the
14	20		nurse believes violates a nurse's duty to a patient, the nurse may
15	21		request, on a form developed [or approved] by the board or on
16	22		another form that meets standards developed by the board, a
17	23		determination by a nursing peer review committee under this chapter
18	24		of whether the conduct violates a nurse's duty to a patient.
19	25		(b-1) If a nurse is unable to complete a form required by
20	26		Subsection (b) due to immediate patient care needs, the nurse may
21	27		request a nursing peer review committee determination by orally
22	28		notifying the nurse's supervisor of the request. After receiving
23	29		oral notification of a request, the nurse's supervisor shall record
24	30		in writing:
25	31		(1) the name of the nurse making the request;
26	32		(2) the date and time of the request;
27	33		(3) the location where the conduct or assignment that
28	34		is the subject of the request occurred;
29	35		(4) the name of the person who requested the nurse
30	36		engage in the conduct or made the assignment that is the subject of
31	37		the request;
32	38		(5) the name of the supervisor recording the request;
33	39		(6) a brief explanation of why the nurse is requesting
34	40		a nursing peer review committee determination; and
35	41		(7) a description of the collaboration between the
36	42		nurse and the supervisor.
37	43		(b-2) To be a valid request for a nursing peer review
38	44		committee determination, the written record prepared under
39	45		Subsection (b-1) must be signed and attested to by the requesting
40	46		nurse and the nurse's supervisor who prepared the written record.
41	47		(d) If a nurse requests a peer review determination under
42	48		Subsection (b) or (b-1) and refuses to engage in the requested
43	49		conduct pending the peer review, the determination of the peer
44	50		review committee shall be considered in any decision by the nurse's
45	51		employer to discipline the nurse for the refusal to engage in the
46	52		requested conduct, but the determination is not binding if a nurse
47	53		administrator believes in good faith that the peer review committee
48	54		has incorrectly determined a nurse's duty. This subsection does
49	55		not affect the protections provided by Subsection (c)(1) or Section
50	56		301.352.
51	57		SECTION 2. The changes in law made by this Act apply only to
52	58		conduct that occurs on or after the effective date of this Act.
53	59		Conduct that occurs before the effective date of this Act is
54	60		governed by the law in effect on the date the conduct occurs, and
55	61		the former law is continued in effect for that purpose.
56	62		SECTION 3. This Act takes effect September 1, 2019.
57		-	______________________________ ______________________________
58		-	President of the Senate Speaker of the House
59		-	I certify that H.B. No. 2410 was passed by the House on May 7,
60		-	2019, by the following vote: Yeas 146, Nays 0, 2 present, not
61		-	voting.
62		-	______________________________
63		-	Chief Clerk of the House
64		-	I certify that H.B. No. 2410 was passed by the Senate on May
65		-	22, 2019, by the following vote: Yeas 31, Nays 0.
66		-	______________________________
67		-	Secretary of the Senate
68		-	APPROVED: _____________________
69		-	Date
70		-	_____________________
71		-	Governor
	63	+	* * * * *