Texas House Bill HB4355

Texas 2025 - 89th Regular

• Filed: 3/11/25

Caption

Relating to the practice of nursing, including disciplinary procedures of the Texas Board of Nursing; authorizing a fee.

Impact

The introduction of expunction procedures could lead to a notable shift in how nursing actions and their repercussions are handled in Texas. This change is intended to promote rehabilitation among nursing professionals who have encountered disciplinary actions yet have taken proactive steps towards compliance and improvement. However, it also raises questions about the protections for patients and how past behaviors might inform future nursing practices, especially considering that violations resulting in direct patient harm cannot be expunged.

Summary

House Bill 4355 aims to amend various provisions of the Occupations Code related to nursing practices in Texas. One of the primary focuses of the bill is on the disciplinary processes governed by the Texas Board of Nursing. Notably, the bill introduces the ability for the board to establish a procedure for expunging disciplinary records of nurses under specific circumstances. This provision provides a path for nurses who have shown compliance with disciplinary orders to have their records cleared, which could significantly affect their professional futures and reputations.

Contention

There may be points of contention regarding the implementation of the expunction process, particularly in defining eligibility criteria and the circumstances under which a nurse may seek expungement of their records. Critics may argue that while rehabilitation is essential, there should be a balance to ensure patient safety and accountability. On the other hand, proponents of the bill might stress the importance of giving nurses a second chance in a profession that is critical to public health and safety. The bill also affirms that nurses practicing under emergency declarations must adhere to state regulations, which could further complicate the dialogue around accountability during crises.

Texas Constitutional Statutes Affected

Occupations Code

• Chapter 301. Nurses
  • Section: New Section
  • Section: 452
  • Section: 466