Texas 2023 - 88th Regular

Texas House Bill HB2635 Compare Versions

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1	1	88R10447 BEE-F
2	2	By: Moody H.B. No. 2635
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the composition of the Texas Board of Nursing and
8	8	procedures applicable to complaints against advanced practice
9	9	registered nurses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 301.051(a), Occupations Code, is amended
12	12	to read as follows:
13	13	(a) The Texas Board of Nursing consists of 15 [13] members
14	14	appointed by the governor with the advice and consent of the senate
15	15	as follows:
16	16	(1) seven [six] nurse members, including:
17	17	(A) two [one] advanced practice registered
18	18	nurses [nurse];
19	19	(B) two registered nurses who are not advanced
20	20	practice registered nurses or members of a nurse faculty; and
21	21	(C) three vocational nurses who are not members
22	22	of a nurse faculty;
23	23	(2) three members who are nurse faculty members of
24	24	schools of nursing:
25	25	(A) one of whom is a nurse faculty member of a
26	26	school of nursing offering a baccalaureate degree program in
27	27	preparing registered nurses;
28	28	(B) one of whom is a nurse faculty member of a
29	29	school of nursing offering an associate degree program in preparing
30	30	registered nurses; and
31	31	(C) one of whom is a nurse faculty member of a
32	32	school of nursing at an institution of higher education preparing
33	33	vocational nurses; and
34	34	(3) five [four] members who represent the public.
35	35	SECTION 2. Section 301.457, Occupations Code, is amended by
36	36	adding Subsections (b-1), (h), and (i) to read as follows:
37	37	(b-1) The board by rule shall provide for the appointment by
38	38	the board of advanced practice registered nurses to act as expert
39	39	reviewers and assist with complaints and investigations relating to
40	40	alleged standard of care violations by advanced practice registered
41	41	nurses.
42	42	(h) Except as provided by Subsection (i), if the board
43	43	determines under Subsection (e) that an act by an advanced practice
44	44	registered nurse falls below an acceptable standard of care, the
45	45	board shall refer the complaint for review by an expert reviewer
46	46	appointed under Subsection (b-1) who practices in the same advanced
47	47	practice role and population focus as the nurse who is the subject
48	48	of the complaint.
49	49	(i) The board may not refer a complaint against an advanced
50	50	practice registered nurse to an expert reviewer under Subsection
51	51	(h) if the act alleged in the complaint is:
52	52	(1) within the scope of practice applicable to a nurse
53	53	who is not an advanced practice registered nurse; or
54	54	(2) considered unprofessional conduct.
55	55	SECTION 3. Subchapter J, Chapter 301, Occupations Code, is
56	56	amended by adding Section 301.4575 to read as follows:
57	57	Sec. 301.4575. PROCEDURES FOR EXPERT ADVANCED PRACTICE
58	58	REGISTERED NURSE REVIEW. An expert advanced practice registered
59	59	nurse reviewing a complaint against an advanced practice registered
60	60	nurse under Section 301.457(h) shall:
61	61	(1) determine whether the advanced practice
62	62	registered nurse who is the subject of the complaint has violated
63	63	the standard of care applicable to the circumstances of the
64	64	complaint; and
65	65	(2) issue a preliminary written report of that
66	66	determination to the board.
67	67	SECTION 4. Section 301.464(b), Occupations Code, is amended
68	68	to read as follows:
69	69	(b) Rules adopted under this section must:
70	70	(1) provide the complainant and the license holder an
71	71	opportunity to be heard; [and]
72	72	(2) require the presence of a representative of the
73	73	board's legal staff or of the attorney general to advise the board
74	74	or the board's employees; and
75	75	(3) if the complaint includes an allegation that an
76	76	advanced practice registered nurse has violated the standard of
77	77	care, require that notice of the informal proceeding includes a
78	78	copy of the report prepared by the expert reviewer under Section
79	79	301.4575, with any identifying information other than the role and
80	80	population focus of the expert reviewer redacted.
81	81	SECTION 5. As soon as practicable after the effective date
82	82	of this Act, the governor shall appoint two additional members to
83	83	the Texas Board of Nursing as required by Section 301.051(a),
84	84	Occupations Code, as amended by this Act. In appointing those
85	85	members, the governor shall appoint one person to a term expiring
86	86	January 31, 2025, and one person to a term expiring January 31,
87	87	2029.
88	88	SECTION 6. Not later than February 1, 2024, the Texas Board
89	89	of Nursing shall adopt the rules necessary to implement the changes
90	90	in law made by this Act.
91	91	SECTION 7. This Act takes effect September 1, 2023.