Texas 2023 88th Regular

Texas House Bill HB3221 Introduced / Bill

Filed 03/02/2023

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                    88R12611 SCP-F
 By: Garcia H.B. No. 3221


 A BILL TO BE ENTITLED
 AN ACT
 relating to certain information regarding disciplinary actions by
 the Texas Board of Nursing.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 301.466, Occupations Code, is amended by
 amending Subsections (c) and (d) and adding Subsection (e) to read
 as follows:
 (c)  The filing of formal charges against a nurse by the
 board, a list [the nature] of those charges, disciplinary
 proceedings of the board, and final disciplinary actions, including
 warnings and reprimands, by the board are not confidential and are
 subject to disclosure in accordance with Chapter 552, Government
 Code.
 (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, 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 that
 occurs not later than the second anniversary of the date the nurse
 successfully completed the program.
 (e)  A disciplinary action published on the nurse licensure
 verification page on the board's Internet website:
 (1)  must include:
 (A)  the name of the nurse subject to the
 disciplinary action;
 (B)  a list of any formal charges against the
 nurse; and
 (C)  any final disciplinary action taken by the
 board, including warnings and reprimands; and
 (2)  may not include:
 (A)  the personal telephone number, home address,
 place of work name or address, or other contact information for the
 nurse; or
 (B)  the nature of any formal charge filed against
 the nurse.
 SECTION 2.  Not later than December 1, 2023, the Texas Board
 of Nursing shall update the nurse licensure verification page on
 the board's Internet website to meet the requirements of Section
 301.466(e), Occupations Code, as added by this Act.
 SECTION 3.  This Act takes effect September 1, 2023.