bill letting nursing board discipline nurses over patient photos

The text as introduced · 487 words

89R13848 RAL-D

By: Garcia Hernandez
H.B. No. 3194

A BILL TO BE ENTITLED

AN ACT

relating to the grounds for denial of a license or disciplinary

action by the Texas Board of Nursing.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 301.452(b), Occupations Code, is amended

to read as follows:

(b) A person is subject to denial of a license or to

disciplinary action under this subchapter for:

(1) a violation of this chapter, a rule or regulation

not inconsistent with this chapter, or an order issued under this

chapter;

(2) fraud or deceit in procuring or attempting to

procure a license to practice professional nursing or vocational

nursing;

(3) a conviction for, or placement on deferred

adjudication community supervision or deferred disposition for, a

felony or for a misdemeanor involving moral turpitude;

(4) conduct that results in the revocation of

probation imposed because of conviction for a felony or for a

misdemeanor involving moral turpitude;

(5) use of a nursing license, diploma, or permit, or

the transcript of such a document, that has been fraudulently

purchased, issued, counterfeited, or materially altered;

(6) impersonating or acting as a proxy for another

person in the licensing examination required under Section 301.253

or 301.255;

(7) directly or indirectly aiding or abetting an

unlicensed person in connection with the unauthorized practice of

nursing;

(8) revocation, suspension, or denial of, or any other

action relating to, the person's license or privilege to practice

nursing in another jurisdiction or under federal law;

(9) intemperate use of alcohol or drugs that the board

determines endangers or could endanger a patient;

(10) unprofessional conduct in the practice of nursing

that is likely to deceive, defraud, or injure a patient or the

public;

(11) adjudication of mental incompetency;

(12) lack of fitness to practice because of a mental or

physical health condition that could result in injury to a patient

or the public;

(13) performing or delegating to another individual

the performance of a pelvic examination on an anesthetized or

unconscious patient in violation of Section 167A.002, Health and

Safety Code; [ or ]

(14) failure to care adequately for a patient or to

conform to the minimum standards of acceptable nursing practice in

a manner that, in the board's opinion, exposes a patient or other

person unnecessarily to risk of harm ; or

(15) without the consent of the patient, taking

photographs of a patient with a personal electronic device and

disseminating the photographs on a social media platform .

SECTION 2. The change in law made by this Act applies only

to conduct that occurs on or after the effective date of this Act.

Conduct that occurs before the effective date of this Act is

governed by the law in effect on the date the conduct occurred, and

the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2025.