Texas 2023 - 88th Regular

Texas Senate Bill SB1343 Compare Versions

Version 1 (Old)

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Old	New	Differences
1	1	S.B. No. 1343
2	2
3	3
4	4	AN ACT
5	5	relating to the composition of the Texas Board of Nursing and
6	6	procedures applicable to complaints against advanced practice
7	7	registered nurses.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 301.051(a), Occupations Code, is amended
10	10	to read as follows:
11	11	(a) The Texas Board of Nursing consists of 15 [13] members
12	12	appointed by the governor with the advice and consent of the senate
13	13	as follows:
14	14	(1) seven [six] nurse members, including:
15	15	(A) two [one] advanced practice registered
16	16	nurses [nurse];
17	17	(B) two registered nurses who are not advanced
18	18	practice registered nurses or members of a nurse faculty; and
19	19	(C) three vocational nurses who are not members
20	20	of a nurse faculty;
21	21	(2) three members who are nurse faculty members of
22	22	schools of nursing:
23	23	(A) one of whom is a nurse faculty member of a
24	24	school of nursing offering a baccalaureate degree program in
25	25	preparing registered nurses;
26	26	(B) one of whom is a nurse faculty member of a
27	27	school of nursing offering an associate degree program in preparing
28	28	registered nurses; and
29	29	(C) one of whom is a nurse faculty member of a
30	30	school of nursing at an institution of higher education preparing
31	31	vocational nurses; and
32	32	(3) five [four] members who represent the public.
33	33	SECTION 2. Section 301.457, Occupations Code, is amended by
34	34	adding Subsections (b-1), (h), and (i) to read as follows:
35	35	(b-1) The board by rule shall provide for the appointment by
36	36	the board of advanced practice registered nurses to act as expert
37	37	reviewers and assist with complaints and investigations relating to
38	38	alleged standard of care violations by advanced practice registered
39	39	nurses.
40	40	(h) Except as provided by Subsection (i), if the board
41	41	determines under Subsection (e) that an act by an advanced practice
42	42	registered nurse falls below an acceptable standard of care, the
43	43	board shall refer the complaint for review by an expert reviewer
44	44	appointed under Subsection (b-1) who practices in the same advanced
45	45	practice role and population focus as the nurse who is the subject
46	46	of the complaint.
47	47	(i) The board may not refer a complaint against an advanced
48	48	practice registered nurse to an expert reviewer under Subsection
49	49	(h) if the act alleged in the complaint is:
50	50	(1) within the scope of practice applicable to a nurse
51	51	who is not an advanced practice registered nurse; or
52	52	(2) considered unprofessional conduct.
53	53	SECTION 3. Subchapter J, Chapter 301, Occupations Code, is
54	54	amended by adding Section 301.4575 to read as follows:
55	55	Sec. 301.4575. PROCEDURES FOR EXPERT ADVANCED PRACTICE
56	56	REGISTERED NURSE REVIEW. An expert advanced practice registered
57	57	nurse reviewing a complaint against an advanced practice registered
58	58	nurse under Section 301.457(h) shall:
59	59	(1) determine whether the advanced practice
60	60	registered nurse who is the subject of the complaint has violated
61	61	the standard of care applicable to the circumstances of the
62	62	complaint; and
63	63	(2) issue a preliminary written report of that
64	64	determination to the board.
65	65	SECTION 4. Section 301.464(b), Occupations Code, is amended
66	66	to read as follows:
67	67	(b) Rules adopted under this section must:
68	68	(1) provide the complainant and the license holder an
69	69	opportunity to be heard; [and]
70	70	(2) require the presence of a representative of the
71	71	board's legal staff or of the attorney general to advise the board
72	72	or the board's employees; and
73	73	(3) if the complaint includes an allegation that an
74	74	advanced practice registered nurse has violated the standard of
75	75	care, require that notice of the informal proceeding includes a
76	76	copy of the report prepared by the expert reviewer under Section
77	77	301.4575, with any identifying information other than the role and
78	78	population focus of the expert reviewer redacted.
79	79	SECTION 5. As soon as practicable after the effective date
80	80	of this Act, the governor shall appoint two additional members to
81	81	the Texas Board of Nursing as required by Section 301.051(a),
82	82	Occupations Code, as amended by this Act. In appointing those
83	83	members, the governor shall appoint one person to a term expiring
84	84	January 31, 2025, and one person to a term expiring January 31,
85	85	2029.
86	86	SECTION 6. Not later than February 1, 2024, the Texas Board
87	87	of Nursing shall adopt the rules necessary to implement the changes
88	88	in law made by this Act.
89	89	SECTION 7. This Act takes effect September 1, 2023.
90	90	______________________________ ______________________________
91	91	President of the Senate Speaker of the House
92	92	I hereby certify that S.B. No. 1343 passed the Senate on
93	93	April 20, 2023, by the following vote: Yeas 31, Nays 0.
94	94	______________________________
95	95	Secretary of the Senate
96	96	I hereby certify that S.B. No. 1343 passed the House on
97	97	May 9, 2023, by the following vote: Yeas 128, Nays 14, two
98	98	present not voting.
99	99	______________________________
100	100	Chief Clerk of the House
101	101	Approved:
102	102	______________________________
103	103	Date
104	104	______________________________
105	105	Governor