Texas 2025 - 89th Regular

Texas House Bill HB4355 Compare Versions

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

Old	New	Differences
1	1	89R16017 JTZ-F
2	2	By: Shofner H.B. No. 4355
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the practice of nursing, including disciplinary
10	10	procedures of the Texas Board of Nursing; authorizing a fee.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 301.004(a), Occupations Code, is amended
13	13	to read as follows:
14	14	(a) This chapter does not apply to:
15	15	(1) gratuitous nursing care of the sick that is
16	16	provided by a friend;
17	17	(2) except as provided by Section 301.452(b-1),
18	18	nursing care provided during a disaster under the state emergency
19	19	management plan adopted under Section 418.042, Government Code, if
20	20	the person providing the care does not hold the person out as a
21	21	nurse unless the person is licensed in another state;
22	22	(3) nursing care in which treatment is solely by
23	23	prayer or spiritual means;
24	24	(4) an act performed by a person under the delegated
25	25	authority of a person licensed by the Texas Medical Board;
26	26	(5) an act performed by a person licensed by another
27	27	state agency if the act is authorized by the statute under which the
28	28	person is licensed except that if the person also holds a license
29	29	under this chapter and the act is within the practice of nursing,
30	30	the board may take action against that license based on that act;
31	31	(6) the practice of nursing that is incidental to a
32	32	program of study by a student enrolled in a nursing education
33	33	program approved under Section 301.157(d) leading to an initial
34	34	license as a nurse; or
35	35	(7) the practice of nursing by a person licensed in
36	36	another state who is in this state on a nonroutine basis for a
37	37	period not to exceed 72 hours to:
38	38	(A) provide care to a patient being transported
39	39	into, out of, or through this state;
40	40	(B) provide nursing consulting services; or
41	41	(C) attend or present a continuing nursing
42	42	education program.
43	43	SECTION 2. Section 301.452, Occupations Code, is amended by
44	44	adding Subsection (b-1) to read as follows:
45	45	(b-1) Notwithstanding Section 301.004(a)(2), a person
46	46	practicing nursing in this state under the authority of a waiver or
47	47	emergency declaration issued by the governor is subject to the
48	48	jurisdiction of the board and requirements of this subchapter,
49	49	including disciplinary action under Section 301.453.
50	50	SECTION 3. Section 301.466(d), Occupations Code, is amended
51	51	to read as follows:
52	52	(d) Notwithstanding Subsection (c), if the board orders a
53	53	nurse to participate in a peer assistance program approved by the
54	54	board under Section 467.003, Health and Safety Code, or a pilot
55	55	program approved by the board under Section 301.1605, the
56	56	complaint, filing of formal charges, nature of those charges, final
57	57	board order, and disciplinary proceedings are subject to
58	58	disclosure:
59	59	(1) only to the same extent as information regarding a
60	60	complaint is subject to disclosure under Subsection (b); or
61	61	(2) in a subsequent matter relating to the board order
62	62	or a subsequent violation of this chapter or a board rule.
63	63	SECTION 4. Subchapter J, Chapter 301, Occupations Code, is
64	64	amended by adding Section 301.472 to read as follows:
65	65	Sec. 301.472. EXPUNCTION OF DISCIPLINARY RECORD. (a) The
66	66	board by rule shall adopt procedures to expunge records related to
67	67	the discipline of a nurse under this chapter.
68	68	(b) To be eligible for expunction of records under this
69	69	section, a nurse must:
70	70	(1) successfully complete the requirements of any:
71	71	(A) disciplinary order imposed on the nurse by
72	72	the board; and
73	73	(B) agreed settlement or alternative dispute
74	74	resolution approved by the board; and
75	75	(2) not have committed an additional or repeated
76	76	violation in the five years preceding the date of the filing of a
77	77	request for an expunction of a record.
78	78	(c) In determining a nurse's eligibility for the expunction
79	79	of records under this section, the board shall consider the
80	80	seriousness of previous violations of this chapter or board rule,
81	81	as demonstrated by the sanctions imposed on the nurse.
82	82	(d) Notwithstanding Subsections (b) and (c), the board may
83	83	not expunge a record related to a violation that directly harmed a
84	84	patient.
85	85	(e) A disciplinary order expunged under this section is
86	86	void.
87	87	(f) A disciplinary order and any related investigatory
88	88	document, including any previously filed formal charge, expunged
89	89	from a nurse's record under this section:
90	90	(1) is not subject to disclosure, unless an
91	91	appropriate court order or subpoena provides otherwise; and
92	92	(2) is confidential and not subject to disclosure
93	93	under Chapter 552, Government Code.
94	94	(g) The board shall report to the National Practitioner Data
95	95	Bank the expunction of a nurse's disciplinary record under this
96	96	section.
97	97	(h) The board may establish a fee for the expunction of a
98	98	record under this section in an amount reasonable and necessary to
99	99	cover the costs of administering this section.
100	100	(i) Except as provided by Subsection (f)(1), a nurse whose
101	101	disciplinary record has been expunged under this section may state
102	102	in response to an inquiry that the expunged disciplinary record
103	103	does not exist.
104	104	SECTION 5. Not later than December 1, 2025, the Texas Board
105	105	of Nursing shall adopt the rules necessary to implement the changes
106	106	in law made by this Act.
107	107	SECTION 6. Section 301.452(b-1), Occupations Code, as added
108	108	by this Act, applies only to a person who practices nursing on or
109	109	after the effective date of this Act.
110	110	SECTION 7. This Act takes effect September 1, 2025.