Texas 2023 - 88th Regular

Texas House Bill HB2726 Compare Versions

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1	1	88R23639 DIO-F
2	2	By: Klick H.B. No. 2726
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the practice of nursing, including disciplinary
8	8	procedures of the Texas Board of Nursing; authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 301.004(a), Occupations Code, is amended
11	11	to read as follows:
12	12	(a) This chapter does not apply to:
13	13	(1) gratuitous nursing care of the sick that is
14	14	provided by a friend;
15	15	(2) except as provided by Section 301.452(b-1),
16	16	nursing care provided during a disaster under the state emergency
17	17	management plan adopted under Section 418.042, Government Code, if
18	18	the person providing the care does not hold the person out as a
19	19	nurse unless the person is licensed in another state;
20	20	(3) nursing care in which treatment is solely by
21	21	prayer or spiritual means;
22	22	(4) an act performed by a person under the delegated
23	23	authority of a person licensed by the Texas Medical Board;
24	24	(5) an act performed by a person licensed by another
25	25	state agency if the act is authorized by the statute under which the
26	26	person is licensed except that if the person also holds a license
27	27	under this chapter and the act is within the practice of nursing,
28	28	the board may take action against that license based on that act;
29	29	(6) the practice of nursing that is incidental to a
30	30	program of study by a student enrolled in a nursing education
31	31	program approved under Section 301.157(d) leading to an initial
32	32	license as a nurse; or
33	33	(7) the practice of nursing by a person licensed in
34	34	another state who is in this state on a nonroutine basis for a
35	35	period not to exceed 72 hours to:
36	36	(A) provide care to a patient being transported
37	37	into, out of, or through this state;
38	38	(B) provide nursing consulting services; or
39	39	(C) attend or present a continuing nursing
40	40	education program.
41	41	SECTION 2. Section 301.452, Occupations Code, is amended by
42	42	adding Subsection (b-1) to read as follows:
43	43	(b-1) Notwithstanding Section 301.004(a)(2), a person
44	44	practicing nursing in this state under the authority of a waiver or
45	45	emergency declaration issued by the governor is subject to the
46	46	jurisdiction of the board and requirements of this subchapter,
47	47	including disciplinary action under Section 301.453.
48	48	SECTION 3. Section 301.466(d), Occupations Code, is amended
49	49	to read as follows:
50	50	(d) Notwithstanding Subsection (c), if the board orders a
51	51	nurse to participate in a peer assistance program approved by the
52	52	board under Section 467.003, Health and Safety Code, or a pilot
53	53	program approved by the board under Section 301.1605, the
54	54	complaint, filing of formal charges, nature of those charges, final
55	55	board order, and disciplinary proceedings are subject to
56	56	disclosure:
57	57	(1) only to the same extent as information regarding a
58	58	complaint is subject to disclosure under Subsection (b); or
59	59	(2) in a subsequent matter relating to the board order
60	60	or a subsequent violation of this chapter or a board rule.
61	61	SECTION 4. Subchapter J, Chapter 301, Occupations Code, is
62	62	amended by adding Section 301.472 to read as follows:
63	63	Sec. 301.472. EXPUNCTION OF DISCIPLINARY RECORD. (a) The
64	64	board by rule shall adopt procedures to expunge records related to
65	65	the discipline of a nurse under this chapter.
66	66	(b) To be eligible for expunction of records under this
67	67	section, a nurse must:
68	68	(1) successfully complete the requirements of any:
69	69	(A) disciplinary order imposed on the nurse by
70	70	the board; and
71	71	(B) agreed settlement or alternative dispute
72	72	resolution approved by the board; and
73	73	(2) not have committed an additional or repeated
74	74	violation in the five years preceding the date of the filing of a
75	75	request for an expunction of a record.
76	76	(c) In determining a nurse's eligibility for the expunction
77	77	of records under this section, the board shall consider the
78	78	seriousness of previous violations of this chapter or board rule,
79	79	as demonstrated by the sanctions imposed on the nurse.
80	80	(d) Notwithstanding Subsections (b) and (c), the board may
81	81	not expunge a record related to a violation that directly harmed a
82	82	patient.
83	83	(e) A disciplinary order expunged under this section is
84	84	void.
85	85	(f) A disciplinary order and any related investigatory
86	86	document, including any previously filed formal charge, expunged
87	87	from a nurse's record under this section:
88	88	(1) is not subject to disclosure, unless an
89	89	appropriate court order or subpoena provides otherwise; and
90	90	(2) is not public information and not subject to
91	91	disclosure under Chapter 552, Government Code.
92	92	(g) The board shall report to the National Practitioner Data
93	93	Bank the expunction of a nurse's disciplinary record under this
94	94	section.
95	95	(h) The board may establish a fee for the expunction of a
96	96	record under this section in an amount reasonable and necessary to
97	97	cover the costs of administering this section.
98	98	(i) Except as provided by Subsection (f)(1), a nurse whose
99	99	disciplinary record has been expunged under this section may state
100	100	in response to an inquiry that the expunged disciplinary record
101	101	does not exist.
102	102	SECTION 5. Not later than December 1, 2023, the Texas Board
103	103	of Nursing shall adopt the rules necessary to implement the changes
104	104	in law made by this Act.
105	105	SECTION 6. Section 301.452(b-1), Occupations Code, as added
106	106	by this Act, applies only to a person who practices nursing on or
107	107	after the effective date of this Act.
108	108	SECTION 7. This Act takes effect September 1, 2023.