Texas 2025 - 89th Regular

Texas House Bill HB3194 Latest Draft

Bill / Introduced Version Filed 02/21/2025

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                            89R13848 RAL-D
 By: Garcia Hernandez H.B. No. 3194




 A BILL TO BE ENTITLED
 AN ACT
 relating to the grounds for denial of a license or disciplinary
 action by the Texas Board of Nursing.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 301.452(b), Occupations Code, is amended
 to read as follows:
 (b)  A person is subject to denial of a license or to
 disciplinary action under this subchapter for:
 (1)  a violation of this chapter, a rule or regulation
 not inconsistent with this chapter, or an order issued under this
 chapter;
 (2)  fraud or deceit in procuring or attempting to
 procure a license to practice professional nursing or vocational
 nursing;
 (3)  a conviction for, or placement on deferred
 adjudication community supervision or deferred disposition for, a
 felony or for a misdemeanor involving moral turpitude;
 (4)  conduct that results in the revocation of
 probation imposed because of conviction for a felony or for a
 misdemeanor involving moral turpitude;
 (5)  use of a nursing license, diploma, or permit, or
 the transcript of such a document, that has been fraudulently
 purchased, issued, counterfeited, or materially altered;
 (6)  impersonating or acting as a proxy for another
 person in the licensing examination required under Section 301.253
 or 301.255;
 (7)  directly or indirectly aiding or abetting an
 unlicensed person in connection with the unauthorized practice of
 nursing;
 (8)  revocation, suspension, or denial of, or any other
 action relating to, the person's license or privilege to practice
 nursing in another jurisdiction or under federal law;
 (9)  intemperate use of alcohol or drugs that the board
 determines endangers or could endanger a patient;
 (10)  unprofessional conduct in the practice of nursing
 that is likely to deceive, defraud, or injure a patient or the
 public;
 (11)  adjudication of mental incompetency;
 (12)  lack of fitness to practice because of a mental or
 physical health condition that could result in injury to a patient
 or the public;
 (13)  performing or delegating to another individual
 the performance of a pelvic examination on an anesthetized or
 unconscious patient in violation of Section 167A.002, Health and
 Safety Code; [or]
 (14)  failure to care adequately for a patient or to
 conform to the minimum standards of acceptable nursing practice in
 a manner that, in the board's opinion, exposes a patient or other
 person unnecessarily to risk of harm; or
 (15)  without the consent of the patient, taking
 photographs of a patient with a personal electronic device and
 disseminating the photographs on a social media platform.
 SECTION 2.  The change in law made by this Act applies only
 to conduct that occurs on or after the effective date of this Act.
 Conduct that occurs before the effective date of this Act is
 governed by the law in effect on the date the conduct occurred, and
 the former law is continued in effect for that purpose.
 SECTION 3.  This Act takes effect September 1, 2025.