1 | 1 | | 89R13848 RAL-D |
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2 | 2 | | By: Garcia Hernandez H.B. No. 3194 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the grounds for denial of a license or disciplinary |
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10 | 10 | | action by the Texas Board of Nursing. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Section 301.452(b), Occupations Code, is amended |
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13 | 13 | | to read as follows: |
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14 | 14 | | (b) A person is subject to denial of a license or to |
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15 | 15 | | disciplinary action under this subchapter for: |
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16 | 16 | | (1) a violation of this chapter, a rule or regulation |
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17 | 17 | | not inconsistent with this chapter, or an order issued under this |
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18 | 18 | | chapter; |
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19 | 19 | | (2) fraud or deceit in procuring or attempting to |
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20 | 20 | | procure a license to practice professional nursing or vocational |
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21 | 21 | | nursing; |
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22 | 22 | | (3) a conviction for, or placement on deferred |
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23 | 23 | | adjudication community supervision or deferred disposition for, a |
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24 | 24 | | felony or for a misdemeanor involving moral turpitude; |
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25 | 25 | | (4) conduct that results in the revocation of |
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26 | 26 | | probation imposed because of conviction for a felony or for a |
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27 | 27 | | misdemeanor involving moral turpitude; |
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28 | 28 | | (5) use of a nursing license, diploma, or permit, or |
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29 | 29 | | the transcript of such a document, that has been fraudulently |
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30 | 30 | | purchased, issued, counterfeited, or materially altered; |
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31 | 31 | | (6) impersonating or acting as a proxy for another |
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32 | 32 | | person in the licensing examination required under Section 301.253 |
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33 | 33 | | or 301.255; |
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34 | 34 | | (7) directly or indirectly aiding or abetting an |
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35 | 35 | | unlicensed person in connection with the unauthorized practice of |
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36 | 36 | | nursing; |
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37 | 37 | | (8) revocation, suspension, or denial of, or any other |
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38 | 38 | | action relating to, the person's license or privilege to practice |
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39 | 39 | | nursing in another jurisdiction or under federal law; |
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40 | 40 | | (9) intemperate use of alcohol or drugs that the board |
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41 | 41 | | determines endangers or could endanger a patient; |
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42 | 42 | | (10) unprofessional conduct in the practice of nursing |
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43 | 43 | | that is likely to deceive, defraud, or injure a patient or the |
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44 | 44 | | public; |
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45 | 45 | | (11) adjudication of mental incompetency; |
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46 | 46 | | (12) lack of fitness to practice because of a mental or |
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47 | 47 | | physical health condition that could result in injury to a patient |
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48 | 48 | | or the public; |
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49 | 49 | | (13) performing or delegating to another individual |
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50 | 50 | | the performance of a pelvic examination on an anesthetized or |
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51 | 51 | | unconscious patient in violation of Section 167A.002, Health and |
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52 | 52 | | Safety Code; [or] |
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53 | 53 | | (14) failure to care adequately for a patient or to |
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54 | 54 | | conform to the minimum standards of acceptable nursing practice in |
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55 | 55 | | a manner that, in the board's opinion, exposes a patient or other |
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56 | 56 | | person unnecessarily to risk of harm; or |
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57 | 57 | | (15) without the consent of the patient, taking |
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58 | 58 | | photographs of a patient with a personal electronic device and |
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59 | 59 | | disseminating the photographs on a social media platform. |
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60 | 60 | | SECTION 2. The change in law made by this Act applies only |
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61 | 61 | | to conduct that occurs on or after the effective date of this Act. |
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62 | 62 | | Conduct that occurs before the effective date of this Act is |
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63 | 63 | | governed by the law in effect on the date the conduct occurred, and |
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64 | 64 | | the former law is continued in effect for that purpose. |
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65 | 65 | | SECTION 3. This Act takes effect September 1, 2025. |
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