88R23639 DIO-F
By: Klick H.B. No. 2726
A BILL TO BE ENTITLED
AN ACT
relating to the practice of nursing, including disciplinary
procedures of the Texas Board of Nursing; authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.004(a), Occupations Code, is amended
to read as follows:
(a) This chapter does not apply to:
(1) gratuitous nursing care of the sick that is
provided by a friend;
(2) except as provided by Section 301.452(b-1),
nursing care provided during a disaster under the state emergency
management plan adopted under Section 418.042, Government Code, if
the person providing the care does not hold the person out as a
nurse unless the person is licensed in another state;
(3) nursing care in which treatment is solely by
prayer or spiritual means;
(4) an act performed by a person under the delegated
authority of a person licensed by the Texas Medical Board;
(5) an act performed by a person licensed by another
state agency if the act is authorized by the statute under which the
person is licensed except that if the person also holds a license
under this chapter and the act is within the practice of nursing,
the board may take action against that license based on that act;
(6) the practice of nursing that is incidental to a
program of study by a student enrolled in a nursing education
program approved under Section 301.157(d) leading to an initial
license as a nurse; or
(7) the practice of nursing by a person licensed in
another state who is in this state on a nonroutine basis for a
period not to exceed 72 hours to:
(A) provide care to a patient being transported
into, out of, or through this state;
(B) provide nursing consulting services; or
(C) attend or present a continuing nursing
education program.
SECTION 2. Section 301.452, Occupations Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Section 301.004(a)(2), a person
practicing nursing in this state under the authority of a waiver or
emergency declaration issued by the governor is subject to the
jurisdiction of the board and requirements of this subchapter,
including disciplinary action under Section 301.453.
SECTION 3. Section 301.466(d), Occupations Code, is amended
to read as follows:
(d) Notwithstanding Subsection (c), if the board orders a
nurse to participate in a peer assistance program approved by the
board under Section 467.003, Health and Safety Code, or a pilot
program approved by the board under Section 301.1605, the
complaint, filing of formal charges, nature of those charges, final
board order, and disciplinary proceedings are subject to
disclosure:
(1) only to the same extent as information regarding a
complaint is subject to disclosure under Subsection (b); or
(2) in a subsequent matter relating to the board order
or a subsequent violation of this chapter or a board rule.
SECTION 4. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Section 301.472 to read as follows:
Sec. 301.472. EXPUNCTION OF DISCIPLINARY RECORD. (a) The
board by rule shall adopt procedures to expunge records related to
the discipline of a nurse under this chapter.
(b) To be eligible for expunction of records under this
section, a nurse must:
(1) successfully complete the requirements of any:
(A) disciplinary order imposed on the nurse by
the board; and
(B) agreed settlement or alternative dispute
resolution approved by the board; and
(2) not have committed an additional or repeated
violation in the five years preceding the date of the filing of a
request for an expunction of a record.
(c) In determining a nurse's eligibility for the expunction
of records under this section, the board shall consider the
seriousness of previous violations of this chapter or board rule,
as demonstrated by the sanctions imposed on the nurse.
(d) Notwithstanding Subsections (b) and (c), the board may
not expunge a record related to a violation that directly harmed a
patient.
(e) A disciplinary order expunged under this section is
void.
(f) A disciplinary order and any related investigatory
document, including any previously filed formal charge, expunged
from a nurse's record under this section:
(1) is not subject to disclosure, unless an
appropriate court order or subpoena provides otherwise; and
(2) is not public information and not subject to
disclosure under Chapter 552, Government Code.
(g) The board shall report to the National Practitioner Data
Bank the expunction of a nurse's disciplinary record under this
section.
(h) The board may establish a fee for the expunction of a
record under this section in an amount reasonable and necessary to
cover the costs of administering this section.
(i) Except as provided by Subsection (f)(1), a nurse whose
disciplinary record has been expunged under this section may state
in response to an inquiry that the expunged disciplinary record
does not exist.
SECTION 5. Not later than December 1, 2023, the Texas Board
of Nursing shall adopt the rules necessary to implement the changes
in law made by this Act.
SECTION 6. Section 301.452(b-1), Occupations Code, as added
by this Act, applies only to a person who practices nursing on or
after the effective date of this Act.
SECTION 7. This Act takes effect September 1, 2023.