OCCUPATIONS CODE
SUBTITLE E. REGULATION OF NURSING
CHAPTER 301. NURSES
SUBCHAPTER A. GENERAL PROVISIONS
§ 301.001. SHORT TITLE. This chapter may be cited as
the Nursing Practice Act.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.002. DEFINITIONS. In this chapter:
(1) 'Board' means the Board of Nurse Examiners.
(2) 'Professional nursing' means the performance for
compensation of an act that requires substantial specialized
judgment and skill, the proper performance of which is based on
knowledge and application of the principles of biological,
physical, and social science as acquired by a completed course in an
approved school of professional nursing. The term does not include
acts of medical diagnosis or prescription of therapeutic or
corrective measures. Professional nursing involves:
(A) the observation, assessment, intervention,
evaluation, rehabilitation, care and counsel, or health teachings
of a person who is ill, injured, infirm, or experiencing a change in
normal health processes;
(B) the maintenance of health or prevention of
illness;
(C) the administration of a medication or
treatment as ordered by a physician, podiatrist, or dentist;
(D) the supervision or teaching of nursing;
(E) the administration, supervision, and
evaluation of nursing practices, policies, and procedures;
(F) the requesting, receiving, signing for, and
distribution of prescription drug samples to patients at sites in
which a registered nurse is authorized to sign prescription drug
orders as provided by Subchapter B, Chapter 157; and
(G) the performance of an act delegated by a
physician under Section 157.052, 157.053, 157.054, 157.0541,
157.0542, 157.058, or 157.059.
(3) 'Nurse' means a person required to be licensed
under this chapter to engage in professional or vocational nursing.
(4) 'Nursing' means professional or vocational
nursing.
(5) 'Vocational nursing' means nursing, other than
professional nursing, that generally requires experience and
education in biological, physical, and social sciences sufficient
to qualify as a licensed vocational nurse.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 112, § 4, eff. May 11, 2001; Acts
2003, 78th Leg., ch. 553, § 1.002, eff. Sept. 1, 2003.
§ 301.003. APPLICATION OF SUNSET ACT. The Board of
Nurse Examiners is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished September 1, 2007.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.003, eff. Sept. 1, 2003.
§ 301.004. APPLICATION OF CHAPTER. (a) This chapter
does not apply to:
(1) gratuitous nursing care of the sick that is
provided by a friend;
(2) nursing care provided during a disaster under the
state emergency management plan adopted under Section 418.042,
Government Code, if the person providing the care does not hold the
person out as a nurse unless the person is licensed in another
state;
(3) nursing care in which treatment is solely by
prayer or spiritual means;
(4) an act performed by a person under the delegated
authority of a person licensed by the Texas State Board of Medical
Examiners;
(5) an act performed by a person licensed by another
state agency if the act is authorized by the statute under which the
person is licensed;
(6) the practice of nursing that is incidental to a
program of study by a student enrolled in a board-approved nursing
education program leading to an initial license as a nurse; or
(7) the practice of nursing by a person licensed in
another state who is in this state on a nonroutine basis for a
period not to exceed 72 hours to:
(A) provide care to a patient being transported
into, out of, or through this state;
(B) provide nursing consulting services; or
(C) attend or present a continuing nursing
education program.
(b) This chapter does not authorize the practice of medicine
as defined by Chapter 151.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.004, eff. Sept. 1, 2003.
§ 301.005. OCCUPATION TAX AND FEE EXEMPTION. A
vocational nurse organization that operates a nonprofit registry to
enroll members to provide nursing to the public is not liable for
the payment of an occupation tax or license fee unless the law
imposing the tax or fee specifically imposes the tax or fee on
vocational nurse organizations that operate nonprofit registries.
Added by Acts 2003, 78th Leg., ch. 553, § 1.005, eff. Sept. 1,
2003.
SUBCHAPTER B. BOARD OF NURSE EXAMINERS
§ 301.051. BOARD MEMBERSHIP. (a) The Board of Nurse
Examiners consists of 13 members appointed by the governor with the
advice and consent of the senate as follows:
(1) six nurse members, including:
(A) one advanced practice nurse;
(B) two registered nurses who are not advanced
practice nurses or members of a nurse faculty; and
(C) three vocational nurses who are not members
of a nurse faculty;
(2) three members who are nurse faculty members of
schools of nursing:
(A) one of whom is a nurse faculty member of a
school of nursing offering a baccalaureate degree program in
preparing registered nurses;
(B) one of whom is a nurse faculty member of a
school of nursing offering an associate degree program in preparing
registered nurses; and
(C) one of whom is a nurse faculty member of a
school of nursing at an institution of higher education preparing
vocational nurses; and
(3) four members who represent the public.
(b) Appointments to the board shall be made without regard
to the race, color, disability, sex, religion, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.006, eff. Sept. 1, 2003.
§ 301.052. MEMBER ELIGIBILITY. (a) A person is not
eligible for appointment as a registered nurse or vocational nurse
member of the board unless the person has practiced nursing in the
role for which the member was appointed for at least three of the
five years preceding the date of appointment.
(b) A person is not eligible for appointment as a public
member of the board if the person or the person's spouse:
(1) is licensed by an occupational regulatory agency
in the field of health care;
(2) is employed by or participates in the management
of a business entity or other organization that:
(A) provides health care services; or
(B) sells, manufactures, or distributes health
care supplies or equipment;
(3) owns or controls, directly or indirectly, more
than a 10 percent interest in a business entity or other
organization that:
(A) provides health care services; or
(B) sells, manufactures, or distributes health
care supplies or equipment; or
(4) uses or receives a substantial amount of tangible
goods, services, or funds from the board, other than compensation
or reimbursement authorized by law for board membership,
attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.007, eff. Sept. 1, 2003.
§ 301.053. MEMBERSHIP AND EMPLOYEE
RESTRICTIONS. (a) In this section, "Texas trade association"
means a nonprofit, cooperative, and voluntarily joined association
of business or professional competitors in this state designed to
assist its members and its industry or profession in dealing with
mutual business or professional problems and in promoting their
common interest.
(b) An officer, employee, or paid consultant of a Texas
trade association in the field of health care may not be a member of
the board and may not be an employee of the board who is exempt from
the state's position classification plan or is compensated at or
above the amount prescribed by the General Appropriations Act for
step 1, salary group A17, of the position classification salary
schedule.
(c) A person who is the spouse of an officer, manager, or
paid consultant of a Texas trade association in the field of health
care may not be a member of the board and may not be an employee of
the board who is exempt from the state's position classification
plan or is compensated at or above the amount prescribed by the
General Appropriations Act for step 1, salary group A17, of the
position classification salary schedule.
(d) A person may not serve as a board member or act as the
general counsel to the board if the person is required to register
as a lobbyist under Chapter 305, Government Code, because of the
person's activities for compensation on behalf of a profession
related to the board's operation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.054. TERMS. Members of the board serve staggered
six-year terms, with the terms of as near to one-third of the
members as possible expiring on January 31 of each odd-numbered
year.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.008, eff. Sept. 1, 2003.
§ 301.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of appointment the
qualifications required by Section 301.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 301.051(a);
(3) violates a prohibition established by Section
301.053;
(4) cannot, because of illness or disability,
discharge the member's duties for a substantial part of the member's
term; or
(5) is absent from more than half of the regularly
scheduled board meetings that the member is eligible to attend
during a calendar year unless the absence is excused by majority
vote of the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify the
presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor that a potential
ground for removal exists.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.056. PER DIEM; REIMBURSEMENT. (a) Each board
member is entitled to receive a per diem as set by the General
Appropriations Act for each day the member engages in the business
of the board.
(b) A board member is not entitled to reimbursement for
travel expenses, including expenses for meals and lodging, other
than transportation expenses. A member is entitled to
reimbursement for transportation expenses as provided by the
General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.057. OFFICERS. (a) The governor shall designate
a member of the board as presiding officer to serve in that capacity
at the pleasure of the governor.
(b) The board shall elect other officers from its members.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.058. MEETINGS. The presiding officer shall call a
special board meeting on the written request of at least two board
members.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.059. TRAINING. (a) Before a board member may
assume the member's duties and before the member may be confirmed by
the senate, the member must complete at least one course of a
training program established by the board under this section.
(b) The training program shall provide information to a
participant regarding:
(1) this chapter;
(2) the programs operated by the board;
(3) the role and functions of the board;
(4) the rules of the board, with an emphasis on the
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of Chapters 551, 552, 2001, and
2002, Government Code;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
board or the Texas Ethics Commission.
(c) In developing the training program, the board shall
consult with the governor's office, the attorney general's office,
and the Texas Ethics Commission.
(d) If another state agency or entity is given the authority
to establish the training requirements for board members, the board
shall allow that training instead of developing its own program.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
§ 301.101. EXECUTIVE DIRECTOR. (a) The board shall
employ an executive director. The executive director may not be a
member of the board.
(b) Under the direction of the board, the executive director
shall perform the duties required by this chapter or designated by
the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.103. PUBLIC RECORDS; REGISTRY. (a) The
executive director shall keep:
(1) a record of each meeting of the board; and
(2) a registry of the name of each nurse registered
under this chapter.
(b) Information maintained under this section is open to
public inspection at all times.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.104. PERSONNEL; EMPLOYMENT PRACTICES. The board
shall employ persons as necessary to carry on the work of the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.105. DIVISION OF RESPONSIBILITIES. (a) The
board shall develop and implement policies that clearly define the
respective responsibilities of the board and the staff of the
board.
(b) The board shall determine the salaries and compensation
to be paid to employees and persons retained by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.106. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this
chapter; and
(2) responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.107. CAREER LADDER PROGRAM; PERFORMANCE
EVALUATIONS. (a) The executive director or the executive
director's designee shall develop an intra-agency career ladder
program. The program must require intra-agency posting of all
nonentry level positions concurrently with any public posting.
(b) The executive director or the executive director's
designee shall develop a system of annual performance evaluations
based on measurable job tasks. All merit pay for board employees
must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY;
REPORT. (a) The executive director or the executive director's
designee shall prepare and maintain a written policy statement to
ensure implementation of an equal employment opportunity program
under which all personnel transactions are made without regard to
race, color, disability, sex, religion, age, or national origin.
The policy statement must include:
(1) personnel policies, including policies relating
to recruitment, evaluation, selection, application, training, and
promotion of personnel that are in compliance with the requirements
of Chapter 21, Labor Code;
(2) a comprehensive analysis of the board workforce
that meets federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for whom
federal or state guidelines encourage a more equitable balance;
and
(4) reasonable methods to appropriately address those
areas of underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for
compliance with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection (b).
The report may be made separately or as part of other biennial
reports to the legislature.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF BOARD
§ 301.151. GENERAL RULEMAKING AUTHORITY. The board may
adopt and enforce rules consistent with this chapter and necessary
to:
(1) perform its duties and conduct proceedings before
the board;
(2) regulate the practice of professional nursing and
vocational nursing;
(3) establish standards of professional conduct for
license holders under this chapter; and
(4) determine whether an act constitutes the practice
of professional nursing or vocational nursing.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.009, eff. Sept. 1, 2003.
§ 301.152. RULES REGARDING SPECIALIZED
TRAINING. (a) In this section, "advanced practice nurse" means a
registered nurse approved by the board to practice as an advanced
practice nurse on the basis of completion of an advanced
educational program. The term includes a nurse practitioner, nurse
midwife, nurse anesthetist, and clinical nurse specialist. The
term is synonymous with "advanced nurse practitioner."
(b) The board shall adopt rules to:
(1) establish:
(A) any specialized education or training,
including pharmacology, that a registered nurse must have to carry
out a prescription drug order under Section 157.052; and
(B) a system for assigning an identification
number to a registered nurse who provides the board with evidence of
completing the specialized education and training requirement
under Subdivision (1)(A);
(2) approve a registered nurse as an advanced practice
nurse; and
(3) initially approve and biennially renew an advanced
practice nurse's authority to carry out or sign a prescription drug
order under Chapter 157.
(c) At a minimum, the rules adopted under Subsection (b)(3)
must:
(1) require completion of pharmacology and related
pathology education for initial approval;
(2) require continuing education in clinical
pharmacology and related pathology in addition to any continuing
education otherwise required under Section 301.303; and
(3) provide for the issuance of a prescription
authorization number to an advanced practice nurse approved under
this section.
(d) The signature of an advanced practice nurse attesting to
the provision of a legally authorized service by the advanced
practice nurse satisfies any documentation requirement for that
service established by a state agency.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.121(a), eff. Sept. 1,
2001.
§ 301.1525. NURSE FIRST ASSISTANTS. (a) In this
section, "nurse first assistant" means a registered nurse who:
(1) is certified in perioperative nursing by an
organization recognized by the board; and
(2) has completed a nurse first assistant educational
program approved by an organization recognized by the board.
(b) The board may adopt rules governing nurse first
assistants.
(c) A health maintenance organization or an insurer,
including an insurer offering a preferred provider benefit plan,
may not, by contract or any other method, require a physician to use
the services of a nurse first assistant.
Added by Acts 2001, 77th Leg., ch. 812, § 5, eff. Sept. 1, 2001.
§ 301.1526. CERTAIN NURSES DIRECTLY ASSISTING IN
SURGERY. (a) This section does not apply to a registered nurse
who is a nurse first assistant under Section 301.1525.
(b) A registered nurse to whom this section applies may
directly assist a physician, physician's group, podiatrist, or
dentist to perform surgery if the nurse:
(1) has, before September 1, 2003, directly assisted
the physician, physician's group, podiatrist, or dentist to perform
surgery for 2,500 or more hours;
(2) assists under the direct personal supervision and
in the physical presence of the physician, physician's group,
podiatrist, or dentist in the same sterile field; and
(3) is employed by the physician, physician's group,
podiatrist, or dentist or by a hospital licensed under Chapter 241,
Health and Safety Code.
(c) In this section, "directly assisting in surgery":
(1) includes:
(A) holding a retractor;
(B) grasping tissue;
(C) using a suction device;
(D) sponging a wound; and
(E) following a suture while the physician,
physician's group, podiatrist, or dentist sews tissue; and
(2) does not include:
(A) making an incision;
(B) inserting a laparoscopic trocar;
(C) tying a suture; or
(D) placing a suture or staple.
(d) A registered nurse, physician, physician's group,
podiatrist, or dentist, or the facility at which surgery is
performed under this section, may not separately bill the services
of the registered nurse to the patient or to any third-party
insurer.
(e) A registered nurse to whom this section applies may not
use:
(1) the title "nurse first assistant" or "registered
nurse first assistant";
(2) the abbreviation "R.N.F.A."; or
(3) any other title or abbreviation that implies to
the public that the person is qualified as a nurse first assistant
under Section 301.1525.
(f) This section expires January 1, 2007.
Added by Acts 2003, 78th Leg., ch. 647, § 1, eff. Sept. 1, 2003.
§ 301.1527. CERTAIN NURSES DIRECTLY ASSISTING IN SURGERY
IN SMALL HOSPITALS.
Text of section effective January 1, 2007
(a) In this section, "small hospital" means a hospital
licensed under Chapter 241, Health and Safety Code, that has 100 or
fewer beds.
(b) This section does not apply to a registered nurse who is
a nurse first assistant under Section 301.1525.
(c) A registered nurse to whom this section applies may
directly assist a physician, physician's group, podiatrist, or
dentist to perform surgery at a small hospital if the nurse:
(1) has, before September 1, 2003, directly assisted
the physician, physician's group, podiatrist, or dentist to perform
surgery for 2,500 or more hours;
(2) assists under the direct personal supervision and
in the physical presence of the physician, physician's group,
podiatrist, or dentist in the same sterile field; and
(3) is employed by the physician, physician's group,
podiatrist, or dentist or by the small hospital.
(d) In this section, "directly assisting in surgery":
(1) includes:
(A) holding a retractor;
(B) grasping tissue;
(C) using a suction device;
(D) sponging a wound; and
(E) following a suture while the physician,
physician's group, podiatrist, or dentist sews tissue; and
(2) does not include:
(A) making an incision;
(B) inserting a laparoscopic trocar;
(C) tying a suture; or
(D) placing a suture or staple.
(e) A registered nurse, physician, physician's group,
podiatrist, or dentist, or the facility at which surgery is
performed under this section, may not separately bill the services
of the registered nurse to the patient or to any third-party
insurer.
(f) A registered nurse to whom this section applies may not
use:
(1) the title "nurse first assistant" or "registered
nurse first assistant";
(2) the abbreviation "R.N.F.A."; or
(3) any other title or abbreviation that implies to
the public that the person is qualified as a nurse first assistant
under Section 301.1525.
Added by Acts 2003, 78th Leg., ch. 647, § 1, eff. Jan. 1, 2007.
§ 301.153. RULES REGARDING ADVERTISING AND COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person except to prohibit
false, misleading, or deceptive practices by the person.
(b) The board may not include in its rules to prohibit
false, misleading, or deceptive practices by a person regulated by
the board a rule that:
(1) restricts the person's use of any medium for
advertising;
(2) restricts the person's personal appearance or use
of the person's voice in an advertisement;
(3) relates to the size or duration of an
advertisement by the person; or
(4) restricts the use of a trade name in advertising by
the person.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.154. RULES REGARDING DELEGATION OF CERTAIN MEDICAL
ACTS. (a) The board may recommend to the Texas State Board of
Medical Examiners the adoption of rules relating to the delegation
by physicians of medical acts to registered nurses and vocational
nurses licensed by the board. In making a recommendation, the board
may distinguish between nurses on the basis of special training and
education.
(b) A recommendation under Subsection (a) shall be treated
in the same manner as a petition for the adoption of a rule by an
interested party under Chapter 2001, Government Code.
(c) The board in recommending a rule and the Texas State
Board of Medical Examiners in acting on a recommended rule shall, to
the extent allowable under state and federal statutes, rules, and
regulations, act to enable the state to obtain its fair share of the
federal funds available for the delivery of health care in this
state.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.010, eff. Sept. 1, 2003.
§ 301.155. FEES. (a) The board by rule shall establish
fees in amounts reasonable and necessary to cover the costs of
administering this chapter. The board may not set a fee that
existed on September 1, 1993, in an amount less than the amount of
that fee on that date.
(b) The board may adopt a fee in an amount necessary for a
periodic newsletter to produce and disseminate to license holders
the information required under Section 301.158.
(c) The board shall assess a $3 surcharge to the fee
established by the board under Subsection (a) for a license holder
to renew a license under this chapter. The board may use nine cents
of the surcharge to cover the administrative costs of collecting
and depositing the surcharge. The board quarterly shall transmit
$2.91 of the surcharge to the Texas Department of Health to be used
only to implement the nursing resource section under Section
105.002, Health and Safety Code. The board is not required to
collect the surcharge if the board determines the funds collected
are not appropriated for the purpose of funding the nursing
resource section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 728, § 12, eff. June 20, 2003.
§ 301.156. GIFTS AND GRANTS. The board may receive
gifts, grants, or other funds or assets.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.157. PROGRAMS OF STUDY AND APPROVAL. (a) The
board shall prescribe three programs of study to prepare registered
nurses as follows:
(1) a baccalaureate degree program that is conducted
by an educational unit in nursing that is a part of a senior college
or university and that leads to a baccalaureate degree in nursing;
(2) an associate degree program that is conducted by
an educational unit in nursing within the structure of a college or
a university and that leads to an associate degree in nursing; and
(3) a diploma program that is conducted by a
single-purpose school, usually under the control of a hospital, and
that leads to a diploma in nursing.
(b) The board shall:
(1) prescribe two programs of study to prepare
vocational nurses as follows:
(A) a program conducted by an educational unit in
nursing within the structure of a school, including a college,
university, or proprietary school; and
(B) a program conducted by a hospital;
(2) prescribe and publish the minimum requirements and
standards for a course of study in each program that prepares
registered nurses or vocational nurses;
(3) prescribe other rules as necessary to conduct
approved schools of nursing and educational programs for the
preparation of registered nurses or vocational nurses;
(4) approve schools of nursing and educational
programs that meet the board's requirements; and
(5) deny or withdraw approval from a school of nursing
or educational program that fails to meet the prescribed course of
study or other standard.
(c) A program approved to prepare registered nurses may not
be less than two academic years or more than four calendar years.
(d) A person may not be certified as a graduate of any school
of nursing or educational program unless the person has completed
the requirements of the prescribed course of study, including
clinical practice, of an approved school of nursing or educational
program.
(e) The board shall give each person, including an
organization, affected by an order or decision of the board under
this section reasonable notice of not less than 20 days and an
opportunity to appear and be heard regarding the order or decision.
The board shall hear each protest or complaint from a person
affected by a rule or decision regarding:
(1) the inadequacy or unreasonableness of any rule or
order the board adopts; or
(2) the injustice of any order or decision of the
board.
(f) Not later than the 30th day after the date an order is
entered and approved by the board, a person is entitled to bring an
action against the board in a district court of Travis County to
have the rule or order vacated or modified, if that person:
(1) is affected by the order or decision;
(2) is dissatisfied with any rule or order of the
board; and
(3) sets forth in a petition the principal grounds of
objection to the rule or order.
(g) An appeal under this section shall be tried de novo as if
it were an appeal from a justice court to a county court.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.011, 1.012, eff. Sept. 1,
2003.
§ 301.158. DISSEMINATION OF INFORMATION. The board
shall disseminate, at least twice a year and at other times the
board determines necessary, information that is of significant
interest to nurses and employers of nurses in this state, including
summaries of final disciplinary action taken against nurses by the
board since its last dissemination of information.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.013, eff. Sept. 1, 2003.
§ 301.1581. INFORMATION PROVIDED TO LICENSE
HOLDERS. At least once each biennium, the board shall provide to
license holders information on:
(1) prescribing and dispensing pain medications, with
particular emphasis on Schedule II and Schedule III controlled
substances;
(2) abusive and addictive behavior of certain persons
who use prescription pain medications;
(3) common diversion strategies employed by certain
persons who use prescription pain medications, including
fraudulent prescription patterns; and
(4) the appropriate use of pain medications and the
differences between addiction, pseudo-addiction, tolerance, and
physical dependence.
Added by Acts 2003, 78th Leg., ch. 1163, § 4, eff. Sept. 1, 2003.
§ 301.1582. POISON CONTROL CENTER INFORMATION. The
board shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, § 4, eff. Sept. 1, 2003.
§ 301.159. BOARD DUTIES REGARDING COMPLAINTS. (a) The
board by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person
when the person files a complaint with the board.
(b) The board shall provide reasonable assistance to a
person who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.160. PILOT PROGRAMS. (a) In this section:
(1) "Proactive nursing peer review" means peer review
that is not initiated to determine culpability with respect to a
particular incident.
(2) "Targeted continuing nursing education" means
continuing education focusing on a skill that would likely benefit
a significant proportion of registered nurses in a particular
practice area.
(b) The board may develop pilot programs to evaluate the
effectiveness of mechanisms, including proactive nursing peer
review and targeted continuing nursing education, for maintenance
of the clinical competency of a registered nurse in the nurse's area
of practice and the understanding by registered nurses of the laws,
including regulations, governing the practice of professional
nursing.
(c) A pilot program under Subsection (b) must be designed to
test the effectiveness of a variety of mechanisms in a variety of
practice settings.
(d) The board may approve a pilot program under Subsection
(b) that is to be conducted by a person other than the board.
(e) The board may spend funds to develop or fund a pilot
program and may contract with, make grants to, or make other
arrangements with an agency, professional association,
institution, individual, or other person to implement this section.
(f) In developing, administering, approving, and funding a
pilot program, the board shall consult with:
(1) the Competency Advisory Committee on matters
relating to ensuring the maintenance of continued competency of
registered nurses; and
(2) the Laws and Regulations Advisory Committee on
matters relating to ensuring that registered nurses understand the
laws, including regulations, governing the practice of
professional nursing.
(g) The Competency Advisory Committee is appointed by the
board and consists of the following members:
(1) a representative from the Texas Nurses
Association;
(2) a representative from the Texas Nurses Foundation;
(3) a representative from the Texas Organization of
Nurse Executives;
(4) a registered nurse representative from the Texas
Hospital Association;
(5) a registered nurse representative from the Texas
Health Care Association;
(6) a registered nurse representative from the Texas
Association of Homes and Services for the Aging;
(7) a registered nurse representative from the Texas
Association for Home Care;
(8) a professional nursing educator;
(9) a representative from the Consumers Union;
(10) a representative from the Texas Department of
Mental Health and Mental Retardation; and
(11) any other person appointed by the board.
(h) The Laws and Regulations Advisory Committee is
appointed by the board and consists of the following members:
(1) a representative of the Texas Nurses Association;
(2) a representative of the Texas League for Nursing;
(3) a representative of the Texas Chapter of the
American Association of Nurse Attorneys;
(4) a representative of the Texas Organization of
Baccalaureate and Graduate Nursing Educators;
(5) a representative of the Texas Organization for
Associate Degree Nursing;
(6) a representative of the Texas Organization of
Nurse Executives;
(7) a representative of the American Association of
Retired Persons;
(8) a registered nurse researcher; and
(9) any other person appointed by the board.
(i) Except as provided by this subsection, in developing or
approving a pilot program under this section the board may exempt
the program from rules adopted under this chapter. Subchapter I and
Chapter 303 apply to pilot programs, except that Sections
303.002(e), 303.003, and 303.008(b) do not apply to a pilot program
using proactive peer review. The board may establish alternative
criteria for nursing peer review committees conducting proactive
peer review.
(j) The board shall issue an annual report regarding any
pilot programs developed or approved and a status report on those
programs, including preliminary or final findings concerning their
effectiveness. The board shall mail the report to statewide
associations of registered nurses, registered nurse educators, and
employers of registered nurses that request a copy. The board shall
issue a final report not later than September 1, 2000.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.1605. PILOT PROGRAMS FOR INNOVATIVE
APPLICATIONS. (a) The board may approve and adopt rules
regarding pilot programs for innovative applications in the
practice and regulation of professional nursing.
(b) The board shall specify the procedures to be followed in
applying for approval of a pilot program. The board may condition
approval of a program on compliance with this section and rules
adopted under this section.
(c) In approving a pilot program, the board may grant the
program an exception to the mandatory reporting requirements of
Sections 301.401-301.409 or to a rule adopted under this chapter or
Chapter 303 that relates to the practice of professional nursing,
including education and reporting requirements for registered
nurses. The board may not grant an exception to:
(1) the education requirements of this chapter unless
the program includes alternate but substantially equivalent
requirements; or
(2) the mandatory reporting requirements unless the
program:
(A) is designed to evaluate the efficiency of
alternative reporting methods; and
(B) provides consumers adequate protection from
registered nurses whose continued practice is a threat to public
safety.
Added by Acts 2003, 78th Leg., ch. 876, § 1, eff. June 20, 2003.
§ 301.1606. PILOT PROGRAMS ON NURSE REPORTING
SYSTEMS. (a) Before January 1, 2004, the board shall solicit
proposals for pilot programs designed to evaluate the efficacy and
effect on protection of the public of reporting systems designed to
encourage identification of system errors.
(b) The board may grant a pilot program approved under this
section an exception to the mandatory reporting requirements of
Sections 301.401-301.409 or to a rule adopted under this chapter or
Chapter 303 that relates to the practice of professional nursing,
including education and reporting requirements for registered
nurses. If the board grants an exception, the board may require
that the program:
(1) provide for the remediation of the deficiencies of
a registered nurse who has knowledge or skill deficiencies that
unless corrected may result in an unreasonable risk to public
safety;
(2) provide for supervision of the nurse during
remediation of deficiencies under Subdivision (1);
(3) require reporting to the board of a registered
nurse:
(A) who fails to satisfactorily complete
remediation, or who does not make satisfactory progress in
remediation, under Subdivision (1);
(B) whose incompetence in the practice of
professional nursing would pose a continued risk of harm to the
public; or
(C) whose error contributed to a patient death or
serious patient injury; or
(4) provide for a nursing peer review committee to
review whether a registered nurse is appropriate for remediation
under Subdivision (1).
(c) The board may require that the entity conducting a pilot
program under this section reimburse the board for the cost of
monitoring and evaluating the pilot program.
(d) The board may contract with a third party to perform the
monitoring and evaluation.
(e) The board may limit the number of pilot programs that it
approves under this section.
Added by Acts 2003, 78th Leg., ch. 876, § 1, eff. June 20, 2003.
§ 301.161. ENFORCEMENT. (a) The board shall aid in the
enforcement of this chapter.
(b) The board may:
(1) issue a subpoena;
(2) compel the attendance of a witness;
(3) administer an oath to a person giving testimony at
hearings; and
(4) cause the prosecution of each person violating
this chapter.
(c) The attorney general shall provide legal assistance
necessary to enforce this chapter. This subsection does not
relieve a local prosecuting officer of any duty under the law.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.1615. OBTAINING CRIMINAL HISTORY RECORD
INFORMATION; HEARING. (a) In addition to the information to
which the board is entitled under Section 411.125, Government Code,
the board may request and receive criminal history record
information from the Federal Bureau of Investigation as provided by
Section 411.087, Government Code.
(b) Criminal history record information received by the
board may be used only by the board and is privileged. The
information may not be disclosed to any person other than:
(1) as required under a court order; or
(2) to a nursing board that is a member of the nurse
licensure compact under Chapter 304.
(c) If, on the basis of criminal history record information
obtained by the board, the board proposes to deny an application for
a license, refuse to renew a license, or suspend or revoke a license
or temporary permit, the applicant or license holder is entitled to
a hearing under Section 301.454.
Added by Acts 2003, 78th Leg., ch. 1102, § 1, eff. Sept. 1, 2003.
§ 301.162. LEGAL COUNSEL. The board may retain legal
counsel to represent the board if first:
(1) the board requests the attorney general to
represent the board; and
(2) the attorney general certifies to the board that
the attorney general cannot provide those services.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.163. RECORD OF PROCEEDINGS; REPORT. The board
shall keep a record of its proceedings under this chapter and make
an annual report to the governor.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.164. ASSISTANCE OF PROSECUTOR. A board member may
present to a prosecuting officer a complaint relating to a
violation of this chapter. The board, through its members,
officers, counsel, or agents, shall assist in the trial of a case
involving an alleged violation of this chapter, subject to the
control of the prosecuting officers.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.165. ANNUAL REPORT. (a) The board shall file
annually with the governor and the presiding officer of each house
of the legislature a complete and detailed written report
accounting for all funds received and disbursed by the board during
the preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
§ 301.201. PUBLIC INTEREST INFORMATION. (a) The board
shall prepare information of public interest describing the
functions of the board and the procedures by which complaints are
filed with and resolved by the board.
(b) The board shall make the information available to the
public and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.202. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of the
board for the purpose of directing complaints to the board. The
board may provide for that notice:
(1) on each registration form, application, or written
contract for services of a person regulated by the board;
(2) on a sign prominently displayed in the place of
business of each person regulated by the board; or
(3) in a bill for service provided by a person
regulated by the board.
(b) The board shall enter into a memorandum of understanding
with each state agency that licenses health care facilities or
agencies to coordinate the notification requirement under
Subsection (a) with notification requirements that may be imposed
on the health care facility or agency by that state agency.
(c) The board shall list with its regular telephone number
any toll-free telephone number established under other state law
that may be called to present a complaint about a health
professional.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.203. RECORDS OF COMPLAINTS. (a) The board shall
keep an information file about each complaint filed with the board.
The information file must be kept current and must contain a record
for each complaint of:
(1) each person contacted in relation to the
complaint;
(2) a summary of findings made at each step of the
complaint process;
(3) an explanation of the legal basis and reason for a
complaint that is dismissed;
(4) the schedule required under Section 301.204 and a
notation of any change in the schedule; and
(5) other relevant information.
(b) If a written complaint is filed with the board that the
board has authority to resolve, the board, at least quarterly and
until final disposition of the complaint, shall notify the parties
to the complaint of the status of the complaint unless notice would
jeopardize an undercover investigation.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.204. GENERAL RULES REGARDING COMPLAINT
INVESTIGATION AND DISPOSITION. (a) The board shall adopt rules
concerning the investigation of a complaint filed with the board.
The rules adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without
appropriate consideration;
(3) require that the board be advised of a complaint
that is dismissed and that a letter be sent to the person who filed
the complaint explaining the action taken on the dismissed
complaint;
(4) ensure that the person who filed the complaint has
an opportunity to explain the allegations made in the complaint;
and
(5) prescribe guidelines concerning the categories of
complaints that require the use of a private investigator and the
procedures for the board to obtain the services of a private
investigator.
(b) The board shall:
(1) dispose of all complaints in a timely manner; and
(2) establish a schedule for conducting each phase of
a complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(c) The board shall notify the parties of the projected time
requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of
any change in the schedule not later than the seventh day after the
date the change is made.
(e) The executive director of the board shall notify the
board of a complaint that is unresolved after the time prescribed by
the board for resolving the complaint so that the board may take
necessary action on the complaint.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.205. PUBLIC PARTICIPATION. (a) The board shall
develop and implement policies that provide the public with a
reasonable opportunity to appear before the board and to speak on
any issue under the board's jurisdiction.
(b) The board shall prepare and maintain a written plan that
describes how a person who does not speak English can be provided
reasonable access to the board's programs.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
SUBCHAPTER F. LICENSE REQUIREMENTS
§ 301.251. LICENSE REQUIRED. (a) A person may not
practice or offer to practice professional nursing or vocational
nursing in this state unless the person is licensed as provided by
this chapter.
(b) Unless the person holds a license under this chapter, a
person may not use, in connection with the person's name:
(1) the title "Registered Nurse," "Professional
Nurse," "Licensed Vocational Nurse," "Vocational Nurse," "Licensed
Practical Nurse," "Practical Nurse," or "Graduate Nurse";
(2) the abbreviation "R.N.," "L.V.N.," "V.N.,"
"L.P.N.," or "P.N."; or
(3) any other designation tending to imply that the
person is a licensed registered nurse or vocational nurse.
(c) This section does not apply to a person entitled to
practice professional nursing or vocational nursing in this state
under Chapter 304, as added by Chapter 1420, Acts of the 77th
Legislature, Regular Session, 2001.
(d) Unless the person holds a license under this chapter or
as a vocational nurse under Chapter 302, a person may not use, in
connection with the person's name:
(1) the title "nurse"; or
(2) any other designation tending to imply that the
person is licensed to provide nursing care.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.122(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 553, § 1.014, eff. Sept. 1,
2003; Acts 2003, 78th Leg., ch. 876, § 2, eff. June 20, 2003.
§ 301.2511. CRIMINAL HISTORY RECORD INFORMATION FOR
LICENSE APPLICANTS. (a) An applicant for a registered nurse
license must submit to the board, in addition to satisfying the
other requirements of this subchapter, a complete and legible set
of fingerprints, on a form prescribed by the board, for the purpose
of obtaining criminal history record information from the
Department of Public Safety and the Federal Bureau of
Investigation.
(b) The board may deny a license to an applicant who does not
comply with the requirement of Subsection (a). Issuance of a
license by the board is conditioned on the board obtaining the
applicant's criminal history record information under this
section.
(c) The board by rule may develop a system for initiating
the process of obtaining criminal history record information for
applicants for a license under this chapter by requiring persons
who enroll or plan to enroll in an educational program that prepares
a person for a license as a registered nurse to submit to the board a
set of fingerprints that meets the requirements of Subsection (a).
The board may require payment of a fee by a person who is required to
submit a set of fingerprints under this subsection.
Added by Acts 2003, 78th Leg., ch. 1102, § 2, eff. Sept. 1, 2003.
§ 301.252. LICENSE APPLICATION. (a) Each applicant
for a registered nurse license or a vocational nurse license must
submit to the board a sworn application that demonstrates the
applicant's qualifications under this chapter, accompanied by
evidence that the applicant:
(1) has good professional character; and
(2) has successfully completed an approved program of
professional or vocational nursing education.
(b) The board may waive the requirement of Subsection (a)(2)
for a vocational nurse applicant if the applicant provides
satisfactory sworn evidence that the applicant has completed an
acceptable level of education in:
(1) a professional nursing school approved by the
board; or
(2) a school of professional nurse education located
in another state or a foreign country.
(c) The board by rule shall determine acceptable levels of
education under Subsection (b).
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.015, eff. Sept. 1, 2003.
§ 301.253. EXAMINATION. (a) Except as provided by
Section 301.452, an applicant is entitled to take the examination
prescribed by the board if:
(1) the board determines that the applicant meets the
qualifications required by Section 301.252; and
(2) the applicant pays the fees required by the board.
(b) The board shall give the examination in various cities
throughout the state.
(c) The examination shall be designed to determine the
fitness of the applicant to practice professional nursing or
vocational nursing.
(d) The board shall determine the criteria that determine a
passing score on the examination. The criteria may not exceed those
required by the majority of the states.
(e) A written examination prepared, approved, or offered by
the board, including a standardized national examination, must be
validated by an independent testing professional.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.016, eff. Sept. 1, 2003.
§ 301.254. EXAMINATION RESULTS. (a) The board shall
notify each examinee of the results of the examination not later
than the 30th day after the date the examination is administered.
If an examination is graded or reviewed by a national testing
service, the board shall notify each examinee of the results of the
examination not later than the 14th day after the date the board
receives the results from the testing service.
(b) If the notice of the examination results graded or
reviewed by a national testing service will be delayed for longer
than 90 days after the examination date, the board shall notify each
examinee of the reason for the delay before the 90th day.
(c) If requested in writing by a person who fails an
examination, the board shall provide to the person an analysis of
the person's performance on the examination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.255. REEXAMINATION. The board by rule shall
establish conditions under which an applicant who fails an
examination may retake the examination. For an applicant who fails
the examination two or more times, the board may:
(1) require the applicant to fulfill additional
educational requirements; or
(2) deny the applicant the opportunity to retake the
examination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.256. ISSUANCE OF LICENSE. If the results of an
examination taken under Section 301.253 or 301.255 satisfy the
criteria established by the board under that section, the board
shall issue to the applicant a license to practice professional
nursing or vocational nursing in this state. The license must be
signed by the board's presiding officer and the executive director
and attested by the board's seal.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.017, eff. Sept. 1, 2003.
§ 301.257. DECLARATORY ORDER OF LICENSE
ELIGIBILITY. (a) A person may petition the board for a
declaratory order as to the person's eligibility for a license
under this chapter if the person:
(1) is enrolled or planning to enroll in an
educational program that prepares a person for an initial license
as a registered nurse or vocational nurse; and
(2) has reason to believe that the person is
ineligible for the license.
(b) The petition must state the basis for the person's
potential ineligibility.
(c) The board has the same powers to investigate the
petition and the person's eligibility that it has to investigate a
person applying for a license.
(d) The petitioner or the board may amend the petition to
include additional grounds for potential ineligibility at any time
before a final determination is made.
(e) If the board determines that a ground for ineligibility
does not exist, instead of issuing an order, the board shall notify
the petitioner in writing of the board's determination on each
ground of potential ineligibility. If the board proposes to find
that the petitioner is ineligible for a license, the petitioner is
entitled to a hearing before the State Office of Administrative
Hearings.
(f) The board's order must set out each basis for potential
ineligibility and the board's determination as to eligibility. In
the absence of new evidence known to but not disclosed by the
petitioner or not reasonably available to the board at the time the
order is issued, the board's ruling on the petition determines the
person's eligibility with respect to the grounds for potential
ineligibility set out in the written notice or order.
(g) The board may require an individual accepted for
enrollment or enrolled in an educational program preparing a
student for initial licensure as a registered nurse or vocational
nurse to submit information to the board to permit the board to
determine whether the person is aware of the conditions that may
disqualify the person from licensure as a registered nurse or
vocational nurse on graduation and of the person's right to
petition the board for a declaratory order under this section.
Instead of requiring the person to submit the information, the
board may require the educational program to collect and submit the
information on each person accepted for enrollment or enrolled in
the program.
(h) The information required under Subsection (g) must be
submitted in a form approved by the board.
(i) If, as a result of information provided under Subsection
(g), the board determines that a person may not be eligible for a
license on graduation, the board shall notify the educational
program of its determination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.123(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 553, § 1.018, eff. Sept. 1,
2003.
§ 301.258. TEMPORARY PERMIT. (a) Pending the results
of a licensing examination, the board may issue to an applicant who
is a graduate of an approved educational program a permit to
practice professional nursing under the direct supervision of a
registered nurse or to practice vocational nursing under the direct
supervision of a registered nurse or vocational nurse.
(b) The board may not issue a permit under this section to an
applicant who has previously failed an examination administered by
the board or another state.
(c) A permit issued under Subsection (a) expires on the date
of receipt of:
(1) a permanent license; or
(2) a notice from the board that the permit holder has
failed the examination.
(d) The board may issue a temporary permit to practice
professional nursing or vocational nursing for the limited purpose
of allowing a nurse to satisfy a requirement imposed by the board
necessary for:
(1) renewal of an expired license;
(2) reactivation of an inactive license; or
(3) reissuance of a suspended, revoked, or surrendered
license.
(e) A permit issued under Subsection (d) expires on the
earlier of:
(1) the date of receipt of a permanent license; or
(2) six months after the date the permit is issued.
(f) A person who holds a temporary permit issued under this
section is considered to be a licensed registered nurse or
vocational nurse for all purposes except to the extent of any
stipulation or limitation on practice imposed by the board as a
condition of issuing the permit.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.019, eff. Sept. 1, 2003.
§ 301.259. RECIPROCAL LICENSE BY ENDORSEMENT FOR CERTAIN
FOREIGN APPLICANTS. On payment of a fee established by the board,
the board may issue a license to practice as a registered nurse or
vocational nurse in this state by endorsement without examination
to an applicant who holds a registration certificate as a
registered nurse or vocational nurse, as applicable, issued by a
territory or possession of the United States or a foreign country if
the board determines that the issuing agency of the territory or
possession of the United States or foreign country required in its
examination the same general degree of fitness required by this
state.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.020, eff. Sept. 1, 2003.
§ 301.260. TEMPORARY LICENSE BY ENDORSEMENT. (a) An
applicant for a license under this chapter who is licensed as a
registered nurse or vocational nurse by another state may qualify
for a temporary license by endorsement to practice as a registered
nurse or vocational nurse, as applicable, by submitting to the
board:
(1) an endorsement fee as determined by the board and a
completed sworn application in the form prescribed by the board;
(2) evidence that the person possessed, at the time of
initial licensing as a nurse, the other qualifications necessary at
that time to have been eligible for licensing in this state; and
(3) proof of initial licensing by examination and
proof that the license and any other license issued to the applicant
by another state have not been suspended, revoked, canceled,
surrendered, or otherwise restricted.
(b) A holder of a temporary license under this section is
entitled to receive a permanent license if the applicant:
(1) verifies the applicant's academic and professional
credentials; and
(2) satisfies any other requirement established by
statute.
(c) The board shall grant or deny an application for a
permanent license not later than the 180th day after the date the
board receives all required forms or information. The board may
extend that deadline to allow for the receipt and tabulation of
examination results.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.021, eff. Sept. 1, 2003.
§ 301.261. INACTIVE STATUS. (a) The board may place on
inactive status the license of a person under this chapter who is
not actively engaged in the practice of professional nursing or
vocational nursing if the person submits a written request to the
board in the form and manner determined by the board. The inactive
status begins on the expiration date of the person's license.
(b) The board shall maintain a list of each person whose
license is on inactive status.
(c) A person whose license is on inactive status may not
perform any professional nursing or vocational nursing service or
work.
(d) The board shall remove a person's license from inactive
status if the person:
(1) requests that the board remove the person's
license from inactive status;
(2) pays each appropriate fee; and
(3) meets the requirements determined by the board.
(e) The board by rule shall permit a person whose license is
on inactive status and who is 65 years or older to use, as
applicable, the title "Registered Nurse Retired," "R.N. Retired,"
"Licensed Vocational Nurse Retired," "Vocational Nurse Retired,"
"L.V.N. Retired," or "V.N. Retired."
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.022, eff. Sept. 1, 2003.
SUBCHAPTER G. LICENSE RENEWAL
§ 301.301. LICENSE RENEWAL. (a) The board by rule may
adopt a system under which licenses expire on various dates during
the year.
(b) A person may renew an unexpired license issued under
this chapter on payment of the required renewal fee and compliance
with any other renewal requirements adopted by the board.
(c) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
renewal fee and a fee that is equal to one-half the amount charged
for examination for the license. If a license has been expired for
more than 90 days but less than one year, the person may renew the
license by paying to the board all unpaid renewal fees and a fee
that is equal to the amount charged for examination for the license.
(d) The board by rule shall set a length of time beyond which
an expired license may not be renewed. The board by rule may
establish additional requirements that apply to the renewal of a
license that has been expired for more than one year but less than
the time limit set by the board beyond which a license may not be
renewed. The person may obtain a new license by submitting to
reexamination and complying with the requirements and procedures
for obtaining an original license.
(e) At least 30 days before the expiration of the person's
license, the board shall send written notice of the impending
license expiration to the person at the person's last known address
according to the records of the board.
(f) A registered nurse who practices professional nursing
or a vocational nurse who practices vocational nursing after the
expiration of the nurse's license is an illegal practitioner whose
license may be revoked or suspended.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.023, eff. Sept. 1, 2003.
§ 301.3011. CRIMINAL HISTORY RECORD INFORMATION
REQUIREMENT FOR RENEWAL. (a) The board may require that an
applicant for renewal of an unexpired license submit to the board,
in addition to satisfying any other requirements for license
renewal, a complete and legible set of fingerprints, on a form
prescribed by the board, for the purpose of obtaining criminal
history record information from the Department of Public Safety and
the Federal Bureau of Investigation.
(b) The board may refuse to renew the license of a person who
does not comply with the requirement of Subsection (a). Renewal of
a license by the board is conditioned on the board obtaining the
person's criminal history record information under this section.
Added by Acts 2003, 78th Leg., ch. 1102, § 3, eff. Sept. 1, 2003.
§ 301.302. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
PRACTITIONER. (a) The board may renew without examination the
expired license of a person who was licensed to practice
professional nursing or vocational nursing in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding application.
(b) The person must pay to the board a fee that is equal to
the amount of the initial fee for the license and the renewal fee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.024, eff. Sept. 1, 2003.
§ 301.303. CONTINUING COMPETENCY. (a) The board may
recognize, prepare, or implement continuing competency programs
for license holders under this chapter and may require
participation in continuing competency programs as a condition of
renewal of a license. The programs may allow a license holder to
demonstrate competency through various methods, including:
(1) completion of targeted continuing education
programs; and
(2) consideration of a license holder's professional
portfolio, including certifications held by the license holder.
(b) The board may not require participation in more than a
total of 20 hours of continuing education in a two-year licensing
period and may not require that more than 10 hours of the continuing
education consist of classroom instruction in approved programs.
The remaining hours of continuing education may consist of any
combination of:
(1) classroom instruction;
(2) institutional-based instruction; or
(3) individualized study.
(c) If the board requires participation in continuing
education programs as a condition of license renewal, the board by
rule shall establish a system for the approval of programs and
providers of continuing education.
(d) In adopting rules under Subsection (c), the board shall
consider, but is not obligated to approve:
(1) a program or provider approved or accredited
through the American Nurses Credentialing Center; and
(2) a nurse in-service program offered by a hospital
that is:
(A) accredited by the Joint Commission on
Accreditation of Healthcare Organizations;
(B) certified by Medicare; or
(C) maintained or operated by the federal
government or the state.
(e) The board may adopt other rules as necessary to
implement this section.
(f) The board may assess each program and provider under
this section a fee in an amount that is reasonable and necessary to
defray the costs incurred in approving programs and providers.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 876, § 3, 4, eff. June 20, 2003.
§ 301.304. HEPATITIS C COMPONENT IN CONTINUING
EDUCATION. (a) As part of any continuing education requirements
under Section 301.303, a registered nurse shall participate in not
less than two hours of continuing education relating to hepatitis
C. This subsection applies only to a registered nurse who renews a
license on or after June 1, 2002.
(b) The board shall recognize, prepare, or administer a
hepatitis C training component for use in continuing education for
license holders under Subsection (a).
(c) The training component must provide information
relating to the prevention, assessment, and treatment of hepatitis
C.
(d) This section expires June 1, 2004.
Added by Acts 2001, 77th Leg., ch. 918, § 2, eff. June 14, 2001;
Acts 2001, 77th Leg., ch. 1132, § 1, eff. June 15, 2001. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.025, eff. Sept. 1, 2003.
§ 301.305. BIOTERRORISM RESPONSE COMPONENT IN
CONTINUING EDUCATION. (a) As part of continuing education
requirements under Section 301.303, a license holder shall
participate during each two-year licensing period in at least two
hours of continuing education relating to preparing for, reporting
medical events resulting from, and responding to the consequences
of an incident of bioterrorism.
(b) The continuing education required under Subsection (a)
must be part of a program approved under Section 301.303(c).
(c) A license holder who does not comply with the continuing
education required under Subsection (a) is subject only to one or
both of the following sanctions:
(1) completion of the instruction in a period set by
the board of 30 days or less; or
(2) an administrative penalty imposed under
Subchapter K.
(d) A license holder who fails to comply with a sanction
imposed under Subsection (c) is subject to any sanction imposed
under Section 301.453 or Subchapter K.
(e) The board, in consultation with the Texas Department of
Health, shall adopt rules establishing the content of the
continuing education required under Subsection (a). The board may
adopt other rules to implement this section, including rules under
Section 301.303(c) for the approval of education programs and
providers.
(f) The board may divide the content of the continuing
education required under Subsection (a) into one-hour segments and
may require that those segments be taken in a certain sequence.
(g) This section expires September 1, 2007.
Added by Acts 2003, 78th Leg., ch. 553, § 1.026, eff. Sept. 1,
2003.
SUBCHAPTER H. PRACTICE BY LICENSE HOLDER
§ 301.351. DESIGNATIONS. (a) A person who holds a
license as a registered nurse under this chapter:
(1) is referred to as a registered nurse; and
(2) may use the abbreviation "R.N."
(b) A person who holds a license as a vocational nurse under
this chapter:
(1) is referred to as a licensed vocational nurse or
vocational nurse; and
(2) may use the abbreviation "L.V.N." or "V.N."
Text of subsec. (c) as relettered from subsec. (b) by Acts 2003,
78th Leg., ch. 553, § 1.027
(c) While interacting with the public in a professional
nursing role, each licensed registered nurse shall wear a clearly
legible insignia identifying the nurse as a registered nurse and
each licensed vocational nurse shall wear an insignia identifying
the nurse as a vocational nurse. The insignia may not contain
information other than:
(1) the registered nurse designation;
(2) the nurse's name, certifications, academic
degrees, or practice position;
(3) the name of the employing facility or agency, or
other employer;
(4) a picture of the nurse; or
(5) any other information authorized by the board.
Text of subsec. (c) as added by Acts 2003, 78th Leg., ch. 876, § 5
(c) The board may adopt rules establishing specifications
for the insignia.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.027, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 876, § 5, eff. June 20, 2003.
§ 301.352. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN
CONDUCT. (a) A person may not suspend, terminate, or otherwise
discipline or discriminate against a nurse who refuses to engage in
an act or omission relating to patient care that would constitute
grounds for reporting the nurse to the board under Subchapter I if
the nurse notifies the person at the time of the refusal that the
reason for refusing is that the act or omission:
(1) constitutes grounds for reporting the nurse to the
board; or
(2) is a violation of this chapter or a rule of the
board.
(b) An act by a person under Subsection (a) does not
constitute a violation of this section if a nursing peer review
committee under Chapter 303 determines:
(1) that the act or omission the nurse refused to
engage in was not conduct reportable to the board under Section
301.403; or
(2) that:
(A) the act or omission in which the nurse
refused to engage was conduct reportable to the board; and
(B) the person:
(i) rescinds any disciplinary or
discriminatory action taken against the nurse;
(ii) compensates the nurse for lost wages;
and
(iii) restores to the nurse any lost
benefits.
(c) A nurse's rights under this section may not be nullified
by a contract.
(d) An appropriate licensing agency may take action against
a person who violates this section.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.028, eff. Sept. 1, 2003.
SUBCHAPTER I. DUTY TO REPORT VIOLATION
§ 301.401. GROUNDS FOR REPORTING NURSE. (a) Except as
provided by Subsection (b), the following are grounds for reporting
a nurse under Section 301.402, 301.403, 301.405, or 301.407:
(1) unnecessary or likely exposure by the nurse of a
patient or other person to a risk of harm;
(2) unprofessional conduct by the nurse;
(3) failure by the nurse to adequately care for a
patient;
(4) failure by the nurse to conform to the minimum
standards of acceptable professional nursing practice; or
(5) impairment or likely impairment of the nurse's
practice by chemical dependency.
(b) Subsection (a) does not apply to a minor incident, as
defined by Section 301.419, if the incident is not required to be
reported under a rule adopted under Section 301.419.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.029, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 876, § 6, eff. June 20, 2003.
§ 301.402. DUTY OF NURSE TO REPORT. (a) In this
section:
(1) "Nursing educational program" means a
board-approved educational program leading to initial licensure as
a registered nurse or vocational nurse.
(2) "Nursing student" means an individual who is
enrolled in a professional nursing or vocational nursing
educational program.
(b) A nurse shall report to the board in the manner
prescribed under Subsection (d) if the nurse has reasonable cause
to suspect that:
(1) another nurse is subject to a ground for reporting
under Section 301.401; or
(2) the ability of a nursing student to perform the
services of the nursing profession would be, or would reasonably be
expected to be, impaired by chemical dependency.
(c) In a written, signed report to the appropriate licensing
board, a nurse may report a licensed health care practitioner,
agency, or facility that the nurse has reasonable cause to believe
has exposed a patient to substantial risk of harm as a result of
failing to provide patient care that conforms to the minimum
standards of acceptable and prevailing nursing practice.
(d) A report by a nurse under Subsection (b) must:
(1) be written and signed; and
(2) include the identity of the nurse or student and
any additional information required by the board.
(e) A nurse may make a report required under Subsection
(b)(2) to the nursing educational program in which the student is
enrolled instead of reporting to the board.
(f) A registered nurse may report to the nurse's employer or
another entity at which the nurse is authorized to practice any
situation that the nurse has reasonable cause to believe exposes a
patient to substantial risk of harm as a result of a failure to
provide patient care that conforms to minimum standards of
acceptable and prevailing professional nursing practice. For
purposes of this subsection, the employer or entity includes an
employee or agent of the employer or entity.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.030, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 876, § 7, eff. June 20, 2003.
§ 301.403. DUTY OF PEER REVIEW COMMITTEE TO REPORT. A
nursing peer review committee operating under Chapter 303 that has
a ground for reporting a nurse under Section 301.401 shall file with
the board a written, signed report that includes:
(1) the identity of the nurse;
(2) a description of any corrective action taken
against the nurse;
(3) a statement whether the nursing peer review
committee recommends that the board take formal disciplinary action
against the nurse; and
(4) any additional information the board requires.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.031, eff. Sept. 1, 2003.
§ 301.404. DUTY OF NURSING EDUCATIONAL PROGRAM TO
REPORT. (a) In this section, "nursing educational program" and
"nursing student" have the meanings assigned by Section 301.402(a).
(b) A nursing educational program that has reasonable cause
to suspect that the ability of a nursing student to perform the
services of the nursing profession would be, or would reasonably be
expected to be, impaired by chemical dependency shall file with the
board a written, signed report that includes the identity of the
student and any additional information the board requires.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.032, eff. Sept. 1, 2003.
§ 301.405. DUTY OF PERSON EMPLOYING NURSE TO
REPORT. (a) This section applies only to a person who employs,
hires, or contracts for the services of a nurse, including:
(1) a health care facility, including a hospital,
health science center, nursing home, or home health agency;
(2) a state agency;
(3) a political subdivision;
(4) a school of nursing; and
(5) a temporary nursing service.
(b) A person that terminates, suspends for more than seven
days, or takes other substantive disciplinary action, as defined by
the board, against a nurse because a ground under Section 301.401
exists to report the nurse shall report in writing to the board the
identity of the nurse and any additional information the board
requires.
(c) Except as provided by Subsection (g), each person
subject to this section that regularly employs, hires, or otherwise
contracts for the services of 10 or more nurses shall develop a
written plan for identifying and reporting a nurse in its service
against whom a ground under Section 301.401 exists. The plan must
include an appropriate process for the review by a nursing peer
review committee established and operated under Chapter 303 of any
incident reportable under this section and for the affected nurse
to submit rebuttal information to that committee. Review by the
committee is only advisory.
(d) The review by the peer review committee must include a
determination as to whether a ground under Section 301.401 exists
to report the nurse undergoing review. The peer review committee's
determination must be included in the report made to the board under
Subsection (b).
(e) The requirement that a report to the board be reviewed
by a nursing peer review committee:
(1) applies only to a required report; and
(2) does not subject a person's administrative
decision to discipline a nurse to the peer review process or prevent
a person from taking disciplinary action before review by the peer
review committee is conducted.
(f) The board shall enter into memoranda of understanding
with each state agency that licenses, registers, or certifies a
health care facility or agency or surveys that facility or agency
with respect to nursing care as to how that state agency can promote
compliance with Subsection (c).
(g) A person is not required to develop a written plan under
Subsection (c) for peer review of:
(1) a registered nurse, unless the person regularly
employs, hires, or otherwise contracts for the services of at least
five registered nurses; or
(2) a vocational nurse, unless the person regularly
employs, hires, or otherwise contracts for the services of at least
five vocational nurses.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.033, eff. Sept. 1, 2003.
§ 301.406. DUTY OF CERTAIN PROFESSIONAL ASSOCIATIONS AND
ORGANIZATIONS TO REPORT. A professional association of nurses or
an organization that conducts a certification or accreditation
program for nurses and that expels, decertifies, or takes any other
substantive disciplinary action, as defined by the board, against a
nurse as a result of the nurse's failure to conform to the minimum
standards of acceptable nursing practice shall report in writing to
the board the identity of the nurse and any additional information
the board requires.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.034, eff. Sept. 1, 2003.
§ 301.407. DUTY OF STATE AGENCY TO REPORT. (a) This
section applies only to a state agency that:
(1) licenses, registers, or certifies:
(A) a hospital;
(B) a nursing home;
(C) a health science center;
(D) a home health agency; or
(E) another health care facility or agency; or
(2) surveys a facility or agency listed in Subdivision
(1) regarding the quality of nursing care provided by the facility
or agency.
(b) Unless expressly prohibited by state or federal law, a
state agency that has reason to believe a ground for reporting a
nurse exists under Section 301.401 shall report in writing to the
board the identity of that nurse.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.035, eff. Sept. 1, 2003.
§ 301.408. DUTY OF LIABILITY INSURER TO
REPORT. (a) Each insurer that provides to a nurse liability
insurance that covers claims arising from providing or failing to
provide nursing care shall submit to the board the report or data
required by this section at the time prescribed.
(b) The report or data must be provided for:
(1) a complaint filed in court against a nurse that
seeks damages related to the nurse's conduct in providing or
failing to provide nursing care; and
(2) a settlement of a claim or lawsuit made on behalf
of a nurse.
(c) Not later than the 30th day after the date the insurer
receives a complaint subject to Subsection (b), the insurer shall
provide to the board:
(1) the name of the nurse against whom the claim is
filed;
(2) the policy number;
(3) the policy limits;
(4) a copy of the petition;
(5) a copy of the answer; and
(6) other relevant information known by the insurer,
as required by the board.
(d) Not later than the 30th day after the date of a judgment,
dismissal, or settlement of a suit involving an insured nurse or
settlement of a claim on behalf of the nurse without the filing of a
lawsuit, the insurer shall provide to the board information
regarding the date of the judgment, dismissal, or settlement and,
if appropriate:
(1) whether an appeal has been taken from the judgment
and by which party;
(2) the amount of the settlement or judgment against
the nurse; and
(3) other relevant information known by the insurer,
as required by the board.
(e) A nurse shall report the information required to be
reported under this section if the nurse is named as a defendant in
a claim arising from providing or failing to provide nursing care
and the nurse:
(1) does not carry or is not covered by liability
insurance; or
(2) is insured by a nonadmitted carrier.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.036, eff. Sept. 1, 2003.
§ 301.409. DUTY OF PROSECUTING ATTORNEY TO
REPORT. (a) The attorney representing the state shall cause the
clerk of the court of record in which the conviction, adjudication,
or finding is entered to prepare and forward to the board a
certified true and correct abstract of the court record of the case
not later than the 30th day after the date:
(1) a person known to be a nurse who is licensed,
otherwise lawfully practicing in this state, or applying to be
licensed to practice is convicted of:
(A) a felony;
(B) a misdemeanor involving moral turpitude;
(C) a violation of a state or federal narcotics
or controlled substance law; or
(D) an offense involving fraud or abuse under the
Medicare or Medicaid program; or
(2) a court finds that a nurse is mentally ill or
mentally incompetent.
(b) A prosecuting attorney shall comply with Subsection (a)
even if the conviction, adjudication, or finding is entered,
withheld, or appealed under the laws of this state.
(c) The abstract required under Subsection (a) must
include:
(1) the name and address of the nurse or applicant;
(2) a description of the nature of the offense
committed, if any;
(3) the sentence, if any; and
(4) the judgment of the court.
(d) The board shall prepare the form of the abstract and
distribute a copy to each district attorney and county attorney in
this state with appropriate instructions for preparation and
filing.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.037, eff. Sept. 1, 2003.
§ 301.410. REPORT REGARDING IMPAIRMENT BY CHEMICAL
DEPENDENCY OR MENTAL ILLNESS. A person who is required to report a
nurse under this subchapter because the nurse is impaired or
suspected of being impaired by chemical dependency or mental
illness may report to a peer assistance program approved by the
board under Chapter 467, Health and Safety Code, instead of
reporting to the board or requesting review by a nursing peer review
committee.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.038, eff. Sept. 1, 2003.
§ 301.411. EFFECT OF FAILURE TO REPORT. (a) A person
is not liable in a civil action for failure to file a report
required by this subchapter.
(b) The appropriate state licensing agency may take action
against a person regulated by the agency for a failure to report as
required by this subchapter.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.412. REPORTING IMMUNITY. A person who, without
malice, makes a report required or authorized, or reasonably
believed to be required or authorized, under this subchapter:
(1) is immune from civil liability; and
(2) may not be subjected to other retaliatory action
as a result of making the report.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.413. RETALIATORY ACTION. (a) A person named as a
defendant in a civil action or subjected to other retaliatory
action as a result of filing a report required, authorized, or
reasonably believed to be required or authorized under this
subchapter may file a counterclaim in the pending action or prove a
cause of action in a subsequent suit to recover defense costs,
including reasonable attorney's fees and actual and punitive
damages, if the suit or retaliatory action is determined to be
frivolous, unreasonable, or taken in bad faith.
(b) A person may not suspend or terminate the employment of,
or otherwise discipline or discriminate against, a person who
reports, without malice, under this subchapter.
(c) A person who reports under this subchapter has a cause
of action against a person who violates Subsection (b), and may
recover:
(1) the greater of:
(A) actual damages, including damages for mental
anguish even if no other injury is shown; or
(B) $1,000;
(2) exemplary damages;
(3) court costs; and
(4) reasonable attorney's fees.
(d) In addition to the amount recovered under Subsection
(c), a person whose employment is suspended or terminated in
violation of this section is entitled to:
(1) reinstatement in the employee's former position or
severance pay in an amount equal to three months of the employee's
most recent salary; and
(2) compensation for wages lost during the period of
suspension or termination.
(e) A person who brings an action under this section has the
burden of proof. It is a rebuttable presumption that the person's
employment was suspended or terminated for reporting under this
subchapter if:
(1) the person was suspended or terminated within 60
days after the date the report was made; and
(2) the board or a court determines that the report
that is the subject of the cause of action was:
(A) authorized or required under Section
301.402, 301.403, 301.405, 301.406, 301.407, 301.408, 301.409, or
301.410; and
(B) made without malice.
(f) An action under this section may be brought in a
district court of the county in which:
(1) the plaintiff resides;
(2) the plaintiff was employed by the defendant; or
(3) the defendant conducts business.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.414. NOTICE AND REVIEW OF REPORT. (a) The board
shall notify each nurse who is reported to the board under Section
301.402, 301.403, 301.405, 301.406, 301.407, 301.408, or 301.409 of
the filing of the report unless the notification would jeopardize
an active investigation.
(b) The nurse or the nurse's authorized representative is
entitled on request to review any report submitted to the board
under a section specified under Subsection (a) unless doing so
would jeopardize an active investigation. The board may not reveal
the identity of the person making or signing the report.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.039, eff. Sept. 1, 2003.
§ 301.415. REBUTTAL STATEMENT. (a) A nurse who is
entitled to receive notice under Section 301.414 or the authorized
representative of the nurse may file with the board a statement of
reasonable length containing the nurse's rebuttal of any
information in the report to the board.
(b) The statement made under Subsection (a) must accompany
the part of the report being rebutted.
(c) In investigating the report, the board shall:
(1) review the statement made under Subsection (a);
and
(2) evaluate each reason asserted by the nurse to
justify the nurse's conduct.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.040, eff. Sept. 1, 2003.
§ 301.416. INVESTIGATION. (a) Except as provided by
Subsections (b) and (c), a report under this subchapter shall be
treated as a complaint under Section 301.457.
(b) If the board determines that the reported conduct does
not indicate that the continued practice of nursing by the nurse
poses a risk of harm to a client or other person, the board, with the
written consent of the nurse and the person making the report, may
elect not to proceed with an investigation or to file formal
charges. The board shall:
(1) maintain a record of the report; and
(2) investigate the report if it receives two or more
reports involving separate incidents regarding the nurse in any
five-year period.
(c) The board is not required to investigate a report filed
by an insurer under Section 301.408, but shall:
(1) maintain a record of the report; and
(2) investigate the report if it receives two or more
reports involving separate incidents regarding the nurse in any
five-year period.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.041, eff. Sept. 1, 2003.
§ 301.417. CONFIDENTIALITY REQUIREMENTS; DISCLOSURE OF
INFORMATION. (a) A report required or authorized under this
subchapter and the identity of the person making the report are
confidential and may not be disclosed except as provided by this
section and Section 301.414.
(b) The board may use the information in connection with an
investigation or disciplinary action against a license holder or in
the subsequent trial or appeal of a board action or order. The
board may disclose the information to:
(1) a licensing or disciplinary authority of another
jurisdiction;
(2) a peer assistance program approved by the board
under Chapter 467, Health and Safety Code; or
(3) a person engaged in bona fide research or another
educational purpose if all information identifying any specific
individual is first deleted.
(c) On the request of a person required to report under
Section 301.405, the board shall provide to the person information
about:
(1) each allegation contained in the report;
(2) the determination of a peer review committee; and
(3) the status of the board's investigation.
(d) In addition to the other authorizations of this section,
the information may be disclosed in:
(1) a civil action in which a reporting person is named
as a defendant as a result of making the report; or
(2) the prosecution of a cause of action based on a
claim that the reporting person was subject to retaliatory action
as a result of making the report.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999.
§ 301.418. DISCLOSURE OF CHARGES OR DISCIPLINARY
ACTION. (a) This subchapter does not prevent disclosure under
Section 301.466 of formal charges filed by the board or a final
disciplinary action taken by the board as a result, in whole or in
part, of submission of a report under this subchapter.
(b) A report or information submitted as required or
authorized by this subchapter arising out of the provision or
failure to provide nursing services may not be made available in a
liability action for:
(1) discovery;
(2) court subpoena; or
(3) introduction into evidence.
(c) A person is not prevented from taking disciplinary
action against a nurse by:
(1) the filing of a report under this subchapter with
the board;
(2) an investigation by the board; or
(3) the disposition of a matter by the board.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.042, eff. Sept. 1, 2003.
§ 301.419. GENERAL PROVISIONS REGARDING DUTY TO REPORT;
MINOR INCIDENTS. (a) In this section, "minor incident" means
conduct that does not indicate that the continuing practice of
nursing by an affected nurse poses a risk of harm to a client or
other person.
(b) The board shall adopt rules governing reporting
required under this subchapter to minimize:
(1) unnecessary duplicative reporting; and
(2) the reporting of a minor incident.
(c) If the board determines that a report submitted under
this subchapter is without merit, the board shall expunge the
report from the nurse's file.
(d) The board shall inform, in the manner the board
determines appropriate, nurses, facilities, agencies, and other
persons of their duty to report under this subchapter.
(e) The reporting required under this subchapter does not
constitute state action on behalf of the person reporting.
(f) The duty to report or any other requirement of this
subchapter may not be nullified by a contract.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.043, eff. Sept. 1, 2003.
SUBCHAPTER J. PROHIBITED PRACTICES AND DISCIPLINARY ACTIONS
§ 301.451. CERTAIN PROHIBITED PRACTICES. A person may
not:
(1) sell, fraudulently obtain, or fraudulently
furnish a nursing diploma, license, renewal license, or record;
(2) assist another person in selling, fraudulently
obtaining, or fraudulently furnishing a nursing diploma, license,
renewal license, or record;
(3) practice nursing under a diploma, license, or
record that was:
(A) obtained unlawfully or fraudulently; or
(B) signed or issued unlawfully or under false
representation; or
(4) practice nursing in a period in which the person's
license is suspended or revoked.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2003, 78th Leg., ch. 553, § 1.044, eff. Sept. 1, 2003.
§ 301.4515. USE OF CERTAIN NURSING TITLES. Unless the
person is practicing under the delegated authority of a registered
nurse or is otherwise authorized by state or federal law, a person
may not use, in connection with the person's name:
(1) the title "nurse aide," "nurse assistant," or
"nurse technician"; or
(2) any other similar title.
Added by Acts 2003, 78th Leg., ch. 876, § 8, eff. June 20, 2003.
§ 301.452. GROUNDS FOR DISCIPLINARY ACTION. (a) In
this section, "intemperate use" includes practicing nursing or
being on duty or on call while under the influence of alcohol or
drugs.
(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 a felony or for a misd
