By: LaMantia S.B. No. 1343
A BILL TO BE ENTITLED
AN ACT
relating to the composition of the Texas Board of Nursing and
procedures applicable to complaints against advanced practice
registered nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 301.051(a), Occupations Code, is amended
to read as follows:
(a) The Texas Board of Nursing consists of 15 [13] members
appointed by the governor with the advice and consent of the senate
as follows:
(1) seven [six] nurse members, including:
(A) two [one] advanced practice registered
nurses [nurse];
(B) two registered nurses who are not advanced
practice registered nurses or members of a nurse faculty; and
(C) three vocational nurses who are not members
of a nurse faculty;
(2) three members who are nurse faculty members of
schools of nursing:
(A) one of whom is a nurse faculty member of a
school of nursing offering a baccalaureate degree program in
preparing registered nurses;
(B) one of whom is a nurse faculty member of a
school of nursing offering an associate degree program in preparing
registered nurses; and
(C) one of whom is a nurse faculty member of a
school of nursing at an institution of higher education preparing
vocational nurses; and
(3) five [four] members who represent the public.
SECTION 2. Section 301.457, Occupations Code, is amended by
adding Subsections (b-1), (h), and (i) to read as follows:
(b-1) The board by rule shall provide for the appointment by
the board of advanced practice registered nurses to act as expert
reviewers and assist with complaints and investigations relating to
alleged standard of care violations by advanced practice registered
nurses.
(h) Except as provided by Subsection (i), if the board
determines under Subsection (e) that an act by an advanced practice
registered nurse falls below an acceptable standard of care, the
board shall refer the complaint for review by an expert reviewer
appointed under Subsection (b-1) who practices in the same advanced
practice role and population focus as the nurse who is the subject
of the complaint.
(i) The board may not refer a complaint against an advanced
practice registered nurse to an expert reviewer under Subsection
(h) if the act alleged in the complaint is:
(1) within the scope of practice applicable to a nurse
who is not an advanced practice registered nurse; or
(2) considered unprofessional conduct.
SECTION 3. Subchapter J, Chapter 301, Occupations Code, is
amended by adding Section 301.4575 to read as follows:
Sec. 301.4575. PROCEDURES FOR EXPERT ADVANCED PRACTICE
REGISTERED NURSE REVIEW. An expert advanced practice registered
nurse reviewing a complaint against an advanced practice registered
nurse under Section 301.457(h) shall:
(1) determine whether the advanced practice
registered nurse who is the subject of the complaint has violated
the standard of care applicable to the circumstances of the
complaint; and
(2) issue a preliminary written report of that
determination to the board.
SECTION 4. Section 301.464(b), Occupations Code, is amended
to read as follows:
(b) Rules adopted under this section must:
(1) provide the complainant and the license holder an
opportunity to be heard; [and]
(2) require the presence of a representative of the
board's legal staff or of the attorney general to advise the board
or the board's employees; and
(3) if the complaint includes an allegation that an
advanced practice registered nurse has violated the standard of
care, require that notice of the informal proceeding includes a
copy of the report prepared by the expert reviewer under Section
301.4575, with any identifying information other than the role and
population focus of the expert reviewer redacted.
SECTION 5. As soon as practicable after the effective date
of this Act, the governor shall appoint two additional members to
the Texas Board of Nursing as required by Section 301.051(a),
Occupations Code, as amended by this Act. In appointing those
members, the governor shall appoint one person to a term expiring
January 31, 2025, and one person to a term expiring January 31,
2029.
SECTION 6. Not later than February 1, 2024, the Texas Board
of Nursing shall adopt the rules necessary to implement the changes
in law made by this Act.
SECTION 7. This Act takes effect September 1, 2023.