Texas 2025 - 89th Regular

Texas House Bill HB3614 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Pierson H.B. No. 3614
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to nurse profiles and certain information concerning
9	9	nurses maintained on the Texas Board of Nursing's Internet website.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 301.1583, Occupations Code, is amended
12	12	to read as follows:
13	13	Sec. 301.1583. DISCIPLINARY ACTION. (a) The board may
14	14	[shall] remove a disciplinary action from a nurse's profile [the
15	15	nurse licensure verification page] on the board's Internet website
16	16	if:
17	17	(1) the disciplinary action is the only disciplinary
18	18	action taken against the nurse;
19	19	(2) the disciplinary action was taken by the board for
20	20	a violation that is not related to the practice of nursing;
21	21	(3) the disciplinary action did not result in the
22	22	suspension or revocation of, or the probation of the suspension or
23	23	revocation of, the nurse's license;
24	24	(4) the disciplinary action does not provide any
25	25	indication that continued practice by the nurse may risk harm to a
26	26	patient; [and]
27	27	(5) the nurse has successfully completed the
28	28	requirements imposed by the board in the disciplinary order related
29	29	to the disciplinary action; and
30	30	(6) at least five years have elapsed since the date the
31	31	disciplinary action was taken.
32	32	(b) A disciplinary action that is removed from a nurse's
33	33	profile [the nurse licensure verification page] on the board's
34	34	Internet website under Subsection (a) shall be removed from the
35	35	public portion of the coordinated licensure information system, as
36	36	defined by Section 304.0015 in Article II of the Nurse Licensure
37	37	Compact.
38	38	SECTION 2. Subchapter D, Chapter 301, Occupations Code, is
39	39	amended by adding Section 301.1584 to read as follows:
40	40	Sec. 301.1584. NURSE PROFILES. (a) The board shall create
41	41	a profile of each nurse licensed under this chapter. The profile
42	42	must:
43	43	(1) include the information required by Subsection
44	44	(b); and
45	45	(2) be compiled in a format that makes the information
46	46	contained in the profile easily available to the public.
47	47	(b) Except as otherwise provided by this chapter, a profile
48	48	must contain the following information on each nurse:
49	49	(1) the name of each board-approved school of nursing
50	50	or educational program attended and the dates of graduation;
51	51	(2) a description of all board-approved advanced
52	52	educational programs attended;
53	53	(3) any certification held by the nurse and recognized
54	54	by the board;
55	55	(4) the number of years the nurse has actively
56	56	practiced nursing in:
57	57	(A) this state; and
58	58	(B) another jurisdiction for which the board may
59	59	issue a license under Section 301.259 or 301.260;
60	60	(5) the name of each hospital or facility in this state
61	61	in which the nurse has privileges;
62	62	(6) the nurse's primary practice location;
63	63	(7) a description of any conviction for a felony, a
64	64	Class A or Class B misdemeanor, or a Class C misdemeanor involving
65	65	moral turpitude;
66	66	(8) a description of any charges reported to the board
67	67	to which the nurse has pleaded no contest, for which the nurse is
68	68	the subject of deferred adjudication or pretrial diversion, or in
69	69	which sufficient facts of guilt were found and the matter was
70	70	continued by a court;
71	71	(9) a description of any disciplinary action against
72	72	the nurse by the board;
73	73	(10) a description of any disciplinary action against
74	74	the nurse by a nursing licensing board of another state;
75	75	(11) a description of any formal charges against the
76	76	nurse initiated and filed under Section 301.458 and the status of
77	77	the charge;
78	78	(12) a description of any medical malpractice claim
79	79	against the nurse, not including a description of any offers by the
80	80	nurse or another party to settle the claim, for which the nurse was
81	81	found liable, a jury awarded monetary damages to the claimant, and
82	82	the award has been determined to be final and not subject to further
83	83	appeal; and
84	84	(13) for a nurse who prescribes or orders a drug or
85	85	device as delegated by a physician under Chapter 157 or other law,
86	86	the name and license number of the delegating physician.
87	87	(c) On or after the fifth anniversary of the date corrective
88	88	action is imposed under Subchapter N, the board may remove from the
89	89	profile of the nurse subject to the action any information
90	90	regarding the action and any complaint resolved by the action
91	91	unless:
92	92	(1) the complaint was related to the delivery of
93	93	health care; or
94	94	(2) more than one corrective action has been imposed
95	95	to resolve complaints alleging the same violation by the nurse,
96	96	including a complaint not related to the delivery of health care.
97	97	(d) Information required to be included under Subsection
98	98	(b) that is not maintained by the board in the ordinary course of
99	99	the board's duties shall be obtained from a nurse at the time the
100	100	nurse renews the nurse's license. In requesting information from
101	101	the nurse, the board shall:
102	102	(1) inform the nurse that compliance with the request
103	103	for information is mandatory;
104	104	(2) inform the nurse of the date the information will
105	105	be made available to the public; and
106	106	(3) instruct the nurse about the requirements under
107	107	Subsection (f) for the nurse to obtain a copy of the nurse's profile
108	108	to make corrections.
109	109	(e) This section does not:
110	110	(1) prevent the board from providing explanatory
111	111	information regarding the significance of categories in which
112	112	malpractice settlements are reported; or
113	113	(2) require the board to disclose confidential
114	114	settlement information.
115	115	(f) The board shall provide a nurse with a copy of the
116	116	nurse's profile if the nurse requests a copy at the time the nurse
117	117	renews the nurse's license. If a copy is requested by a nurse, the
118	118	board shall provide the nurse one month from the date the copy is
119	119	provided to the nurse to correct factual errors in the nurse's
120	120	profile.
121	121	(g) Except as otherwise provided by this section, the board
122	122	shall update the information contained in a nurse's profile
123	123	annually. The board shall adopt a form that allows a nurse to
124	124	update information contained in a nurse's profile. The form shall
125	125	be made available on the Internet and in other formats as prescribed
126	126	by board rule. The board may adopt rules concerning the type and
127	127	content of additional information that may be included in a nurse's
128	128	profile.
129	129	(h) In addition to the information required by Subsection
130	130	(b) and except as otherwise provided by this section, a profile must
131	131	be updated to contain the text of a formal charge filed under
132	132	Section 301.458 against the nurse or of a board order related to the
133	133	formal charge not later than the 10th business day after the date
134	134	the charge is filed.
135	135	(i) Not later than the 10th business day after the date the
136	136	board issues a final order related to a formal charge filed under
137	137	Section 301.458 against a nurse, the board shall:
138	138	(1) remove from the nurse's profile any record of the
139	139	formal charge or any prior disciplinary action related to the
140	140	formal charge; and
141	141	(2) update the nurse's profile to contain the board's
142	142	final order.
143	143	(j) Information included in a nurse's profile under
144	144	Subsections (b), (h), and (i) may not include any patient
145	145	identifying information.
146	146	(k) Not later than the 10th business day after the date the
147	147	board dismisses a formal charge against a nurse required to be
148	148	included in the nurse's profile under Subsection (b)(11) or (h) as
149	149	baseless, unfounded, or not supported by sufficient evidence that a
150	150	violation occurred, or resolves the charge and takes no action
151	151	against the nurse's license as a result of the charge, the board
152	152	shall:
153	153	(1) remove from the nurse's profile any record of the
154	154	formal charge or any prior disciplinary action related to the
155	155	formal charge; and
156	156	(2) update the nurse's profile to contain the board's
157	157	final order dismissing or resolving the charge.
158	158	(l) The board shall run a continuous query on the National
159	159	Practitioner Data Bank and, not later than the 10th working day
160	160	after the date any new information is found, update a nurse's
161	161	profile to:
162	162	(1) include any new report or correction to a report of
163	163	disciplinary action against the nurse; and
164	164	(2) remove any report of disciplinary action against
165	165	the nurse that has been dismissed or otherwise voided.
166	166	(m) Information included in a nurse's profile under
167	167	Subsection (l) may not include any patient identifying information
168	168	or information that may reasonably be used to identify any person or
169	169	entity other than the nurse.
170	170	(n) The board shall adopt rules as necessary to implement
171	171	this section.
172	172	SECTION 3. Not later than January 1, 2026, the Texas Board
173	173	of Nursing shall adopt rules necessary to implement Section
174	174	301.1583, Occupations Code, as amended by this Act, and Section
175	175	301.1584, Occupations Code, as added by this Act.
176	176	SECTION 4. This Act takes effect September 1, 2025.