bill on nurse discipline and wiping old records

The text as introduced · 868 words

89R16017 JTZ-F

By: Shofner
H.B. No. 4355

A BILL TO BE ENTITLED

AN ACT

relating to the practice of nursing, including disciplinary

procedures of the Texas Board of Nursing; authorizing a fee.

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

SECTION 1. Section 301.004(a), Occupations Code, is amended

to read as follows:

(a) This chapter does not apply to:

(1) gratuitous nursing care of the sick that is

provided by a friend;

(2) except as provided by Section 301.452(b-1),

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 Medical Board;

(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 except that if the person also holds a license

under this chapter and the act is within the practice of nursing,

the board may take action against that license based on that act;

(6) the practice of nursing that is incidental to a

program of study by a student enrolled in a nursing education

program approved under Section 301.157(d) 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.

SECTION 2. Section 301.452, Occupations Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) Notwithstanding Section 301.004(a)(2), a person

practicing nursing in this state under the authority of a waiver or

emergency declaration issued by the governor is subject to the

jurisdiction of the board and requirements of this subchapter,

including disciplinary action under Section 301.453.

SECTION 3. Section 301.466(d), Occupations Code, is amended

to read as follows:

(d) Notwithstanding Subsection (c), if the board orders a

nurse to participate in a peer assistance program approved by the

board under Section 467.003, Health and Safety Code, or a pilot

program approved by the board under Section 301.1605, the

complaint, filing of formal charges, nature of those charges, final

board order, and disciplinary proceedings are subject to

disclosure:

(1) only to the same extent as information regarding a

complaint is subject to disclosure under Subsection (b); or

(2) in a subsequent matter relating to the board order

or a subsequent violation of this chapter or a board rule.

SECTION 4. Subchapter J, Chapter 301, Occupations Code, is

amended by adding Section 301.472 to read as follows:

Sec. 301.472. EXPUNCTION OF DISCIPLINARY RECORD. (a) The

board by rule shall adopt procedures to expunge records related to

the discipline of a nurse under this chapter.

(b) To be eligible for expunction of records under this

section, a nurse must:

(1) successfully complete the requirements of any:

(A) disciplinary order imposed on the nurse by

the board; and

(B) agreed settlement or alternative dispute

resolution approved by the board; and

(2) not have committed an additional or repeated

violation in the five years preceding the date of the filing of a

request for an expunction of a record.

(c) In determining a nurse's eligibility for the expunction

of records under this section, the board shall consider the

seriousness of previous violations of this chapter or board rule,

as demonstrated by the sanctions imposed on the nurse.

(d) Notwithstanding Subsections (b) and (c), the board may

not expunge a record related to a violation that directly harmed a

patient.

(e) A disciplinary order expunged under this section is

void.

(f) A disciplinary order and any related investigatory

document, including any previously filed formal charge, expunged

from a nurse's record under this section:

(1) is not subject to disclosure, unless an

appropriate court order or subpoena provides otherwise; and

(2) is confidential and not subject to disclosure

under Chapter 552, Government Code.

(g) The board shall report to the National Practitioner Data

Bank the expunction of a nurse's disciplinary record under this

section.

(h) The board may establish a fee for the expunction of a

record under this section in an amount reasonable and necessary to

cover the costs of administering this section.

(i) Except as provided by Subsection (f)(1), a nurse whose

disciplinary record has been expunged under this section may state

in response to an inquiry that the expunged disciplinary record

does not exist.

SECTION 5. Not later than December 1, 2025, the Texas Board

of Nursing shall adopt the rules necessary to implement the changes

in law made by this Act.

SECTION 6. Section 301.452(b-1), Occupations Code, as added

by this Act, applies only to a person who practices nursing on or

after the effective date of this Act.

SECTION 7. This Act takes effect September 1, 2025.