88R2261 JCG-F
By: Jetton H.B. No. 1770
A BILL TO BE ENTITLED
AN ACT
relating to nurse profiles and certain information concerning
nurses maintained on the Texas Board of Nursing's Internet website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.1583, Occupations Code, is amended
to read as follows:
Sec. 301.1583. DISCIPLINARY ACTION. (a) The board may
[shall] remove a disciplinary action from a nurse's profile [the
nurse licensure verification page] on the board's Internet website
if:
(1) the disciplinary action is the only disciplinary
action taken against the nurse;
(2) the disciplinary action was taken by the board for
a violation that is not related to the practice of nursing;
(3) the disciplinary action did not result in the
suspension or revocation of, or the probation of the suspension or
revocation of, the nurse's license;
(4) the disciplinary action does not provide any
indication that continued practice by the nurse may risk harm to a
patient; [and]
(5) the nurse has successfully completed the
requirements imposed by the board in the disciplinary order related
to the disciplinary action; and
(6) at least five years have elapsed since the date the
disciplinary action was taken.
(b) A disciplinary action that is removed from a nurse's
profile [the nurse licensure verification page] on the board's
Internet website under Subsection (a) shall be removed from the
public portion of the coordinated licensure information system, as
defined by Section 304.0015 in Article II of the Nurse Licensure
Compact.
SECTION 2. Subchapter D, Chapter 301, Occupations Code, is
amended by adding Section 301.1584 to read as follows:
Sec. 301.1584. NURSE PROFILES. (a) The board shall create
a profile of each nurse licensed under this chapter. The profile
must:
(1) include the information required by Subsection
(b); and
(2) be compiled in a format that makes the information
contained in the profile easily available to the public.
(b) Except as otherwise provided by this chapter, a profile
must contain the following information on each nurse:
(1) the name of each board-approved school of nursing
or educational program attended and the dates of graduation;
(2) a description of all board-approved advanced
educational programs attended;
(3) any certification held by the nurse and recognized
by the board;
(4) the number of years the nurse has actively
practiced nursing in:
(A) this state; and
(B) another jurisdiction for which the board may
issue a license under Section 301.259 or 301.260;
(5) the name of each hospital or facility in this state
in which the nurse has privileges;
(6) the nurse's primary practice location;
(7) a description of any conviction for a felony, a
Class A or Class B misdemeanor, or a Class C misdemeanor involving
moral turpitude;
(8) a description of any charges reported to the board
to which the nurse has pleaded no contest, for which the nurse is
the subject of deferred adjudication or pretrial diversion, or in
which sufficient facts of guilt were found and the matter was
continued by a court;
(9) a description of any disciplinary action against
the nurse by the board;
(10) a description of any disciplinary action against
the nurse by a nursing licensing board of another state;
(11) a description of any formal charges against the
nurse initiated and filed under Section 301.458 and the status of
the charge;
(12) a description of any medical malpractice claim
against the nurse, not including a description of any offers by the
nurse or another party to settle the claim, for which the nurse was
found liable, a jury awarded monetary damages to the claimant, and
the award has been determined to be final and not subject to further
appeal; and
(13) for a nurse who prescribes or orders a drug or
device as delegated by a physician under Chapter 157 or other law,
the name and license number of the delegating physician.
(c) On or after the fifth anniversary of the date corrective
action is imposed under Subchapter N, the board may remove from the
profile of the nurse subject to the action any information
regarding the action and any complaint resolved by the action
unless:
(1) the complaint was related to the delivery of
health care; or
(2) more than one corrective action has been imposed
to resolve complaints alleging the same violation by the nurse,
including a complaint not related to the delivery of health care.
(d) Information required to be included under Subsection
(b) that is not maintained by the board in the ordinary course of
the board's duties shall be obtained from a nurse at the time the
nurse renews the nurse's license. In requesting information from
the nurse, the board shall:
(1) inform the nurse that compliance with the request
for information is mandatory;
(2) inform the nurse of the date the information will
be made available to the public; and
(3) instruct the nurse about the requirements under
Subsection (f) for the nurse to obtain a copy of the nurse's profile
to make corrections.
(e) This section does not:
(1) prevent the board from providing explanatory
information regarding the significance of categories in which
malpractice settlements are reported; or
(2) require the board to disclose confidential
settlement information.
(f) The board shall provide a nurse with a copy of the
nurse's profile if the nurse requests a copy at the time the nurse
renews the nurse's license. If a copy is requested by a nurse, the
board shall provide the nurse one month from the date the copy is
provided to the nurse to correct factual errors in the nurse's
profile.
(g) Except as otherwise provided by this section, the board
shall update the information contained in a nurse's profile
annually. The board shall adopt a form that allows a nurse to
update information contained in a nurse's profile. The form shall
be made available on the Internet and in other formats as prescribed
by board rule. The board may adopt rules concerning the type and
content of additional information that may be included in a nurse's
profile.
(h) In addition to the information required by Subsection
(b) and except as otherwise provided by this section, a profile must
be updated to contain the text of a formal charge filed under
Section 301.458 against the nurse or of a board order related to the
formal charge not later than the 10th business day after the date
the charge is filed.
(i) Not later than the 10th business day after the date the
board issues a final order related to a formal charge filed under
Section 301.458 against a nurse, the board shall:
(1) remove from the nurse's profile any record of the
formal charge or any prior disciplinary action related to the
formal charge; and
(2) update the nurse's profile to contain the board's
final order.
(j) Information included in a nurse's profile under
Subsections (b), (h), and (i) may not include any patient
identifying information.
(k) Not later than the 10th business day after the date the
board dismisses a formal charge against a nurse required to be
included in the nurse's profile under Subsection (b)(11) or (h) as
baseless, unfounded, or not supported by sufficient evidence that a
violation occurred, or resolves the charge and takes no action
against the nurse's license as a result of the charge, the board
shall:
(1) remove from the nurse's profile any record of the
formal charge or any prior disciplinary action related to the
formal charge; and
(2) update the nurse's profile to contain the board's
final order dismissing or resolving the charge.
(l) The board shall adopt rules as necessary to implement
this section.
SECTION 3. Not later than January 1, 2024, the Texas Board
of Nursing shall adopt rules necessary to implement Section
301.1583, Occupations Code, as amended by this Act, and Section
301.1584, Occupations Code, as added by this Act.
SECTION 4. This Act takes effect September 1, 2023.