H.B. No. 2426
 
 
 
 
AN ACT
  relating to the regulation of the practice of nursing and the
  renaming of the Board of Nurse Examiners as the Texas Board of
  Nursing.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 301.002(1), Occupations Code, is amended
  to read as follows:
               (1)  "Board" means the Texas Board of Nursing [Nurse
  Examiners].
         SECTION 2.  Section 301.003, Occupations Code, is amended to
  read as follows:
         Sec. 301.003.  APPLICATION OF SUNSET ACT. The Texas Board of
  Nursing [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, 2017 [2007].
         SECTION 3.  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)  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 [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 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 4.  Subchapter A, Chapter 301, Occupations Code, is
  amended by adding Section 301.005 to read as follows:
         Sec. 301.005.  REFERENCE IN OTHER LAW. A reference in any
  other law to the former Board of Nurse Examiners means the Texas
  Board of Nursing.
         SECTION 5.  The heading to Subchapter B, Chapter 301,
  Occupations Code, is amended to read as follows:
  SUBCHAPTER B. TEXAS BOARD OF NURSING [NURSE EXAMINERS]
         SECTION 6.  Section 301.051(a), Occupations Code, is amended
  to read as follows:
         (a)  The Texas Board of Nursing [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.
         SECTION 7.  Section 301.052(b), Occupations Code, is amended
  to read as follows:
         (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 registered, certified, or 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; or
                     (C)  is regulated by or receives money from the
  board;
               (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
                     (C)  is regulated by or receives money from the
  board; 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.
         SECTION 8.  Section 301.053, Occupations Code, is amended to
  read as follows:
         Sec. 301.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a)
  In this section, "Texas trade association" means a [nonprofit,]
  cooperative[,] and voluntarily joined statewide 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)  A person may not be a member of the board and may not be a
  board employee employed in a "bona fide executive, administrative,
  or professional capacity," as that phrase is used for the purposes
  of establishing an exemption to the overtime provisions of the
  federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
  seq.), if:
               (1)  the person is an [An] officer, employee, or paid
  consultant of a Texas trade association in the field of health care;
  or
               (2)  the person's [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 is [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].
         (c) [(d)]  A person may not be [serve as] a [board] member of
  the board 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.
         SECTION 9.  Sections 301.055(a) and (c), Occupations Code,
  are amended to read as follows:
         (a)  It is a ground for removal from the board that a member:
               (1)  does not have at the time of taking office
  [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)  is ineligible for membership under [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.
         (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 and the attorney
  general that a potential ground for removal exists. If the
  potential ground for removal involves the presiding officer, the
  executive director shall notify the next highest ranking officer of
  the board, who shall then notify the governor and the attorney
  general that a potential ground for removal exists.
         SECTION 10.  Section 301.056(b), Occupations Code, is
  amended to read as follows:
         (b)  A board member is [not] entitled to reimbursement for
  travel expenses incurred while conducting board business,
  including expenses for transportation, meals, and lodging, [other
  than transportation expenses. A member is entitled to
  reimbursement for transportation expenses] as provided by the
  General Appropriations Act.
         SECTION 11.  Sections 301.059(a), (b), and (c), Occupations
  Code, are amended to read as follows:
         (a)  A person who is appointed to and qualifies for office as
  a member of the board may not vote, deliberate, or be counted in
  attendance at a meeting of the board until the person completes
  [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 that complies with
  [established by the board under] this section.
         (b)  The training program must [shall] provide the person
  with information [to a participant] regarding:
               (1)  the legislation that created the board and the
  board's programs, functions, rules, and budget [this chapter];
               (2)  the results of the most recent formal audit of
  [programs operated by] the board;
               (3)  the requirements of laws relating to open
  meetings, public information, administrative procedure, and
  conflicts of interest [role and functions of the board]; and
               (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)  A person appointed to the board is entitled to
  reimbursement, as provided by the General Appropriations Act, for
  the travel expenses incurred in attending the training program
  regardless of whether the attendance at the program occurs before
  or after the person qualifies for office. [In developing the
  training program, the board shall consult with the governor's
  office, the attorney general's office, and the Texas Ethics
  Commission.]
         SECTION 12.  Subchapter D, Chapter 301, Occupations Code, is
  amended by adding Section 301.1545 to read as follows:
         Sec. 301.1545.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION
  OR DEFERRED ADJUDICATION. (a) The board shall adopt rules and
  guidelines necessary to comply with Chapter 53, except to the
  extent the requirements of this subtitle are stricter than the
  requirements of that chapter.
         (b)  In its rules under this section, the board shall list
  the offenses for which a conviction would constitute grounds for
  the board to take action under Section 53.021 or for which placement
  on deferred adjudication community supervision would constitute
  grounds for the board to take action under this chapter.
         SECTION 13.  Section 301.157, Occupations Code, is amended
  by amending Subsections (a), (b), and (d) and adding Subsections
  (a-1), (b-1), (d-1) through (d-7), and (h) to read as follows:
         (a)  The board shall prescribe three programs of study to
  prepare a person to receive an initial license as a registered nurse
  under this chapter [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.
         (a-1)  A diploma program of study in this state that leads to
  an initial license as a registered nurse under this chapter and that
  is completed on or after December 31, 2014, must entitle a student
  to receive a degree on the student's successful completion of a
  degree program of a public or private institution of higher
  education accredited by an agency recognized by the Texas Higher
  Education Coordinating Board.
         (b)  The board shall:
               (1)  prescribe two programs of study to prepare a
  person to receive an initial vocational nurse license under this
  chapter [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;
               (5)  select one or more national nursing accrediting
  agencies, recognized by the United States Department of Education
  and determined by the board to have acceptable standards, to
  accredit schools of nursing and educational programs; and
               (6) [(5)]  deny or withdraw approval from a school of
  nursing or educational program that:
                     (A)  fails to meet the prescribed course of study
  or other standard under which it sought approval by the board;
                     (B)  fails to meet or maintain accreditation with
  the national nursing accrediting agency selected by the board under
  Subdivision (5) under which it was approved or sought approval by
  the board; or
                     (C)  fails to maintain the approval of the state
  board of nursing of another state and the board under which it was
  approved.
         (b-1)  The board may not require accreditation of the
  governing institution of a school of nursing. The board shall
  accept the requirements established by the Texas Higher Education
  Coordinating Board for accrediting the governing institution of a
  school of nursing. The governing institution of a professional
  nursing school, not including a diploma program, must be accredited
  by an agency recognized by the Texas Higher Education Coordinating
  Board or hold a certificate of authority from the Texas Higher
  Education Coordinating Board under provisions leading to
  accreditation of the institution in due course.
         (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 a [an approved] school of nursing or
  educational program that:
               (1)  is approved by the board;
               (2)  is accredited by a national nursing accreditation
  agency determined by the board to have acceptable standards; or
               (3)  is approved by a state board of nursing of another
  state and the board, subject to Subsection (d-4).
         (d-1)  A school of nursing or educational program is
  considered approved by the board and, except as provided by
  Subsection (d-7), is exempt from board rules that require ongoing
  approval if the school or program:
               (1)  is accredited and maintains accreditation through
  a national nursing accrediting agency selected by the board under
  Subsection (b)(5); and
               (2)  maintains an acceptable pass rate as determined by
  the board on the applicable licensing examination under this
  chapter.
         (d-2)  A school of nursing or educational program that fails
  to meet or maintain an acceptable pass rate on applicable licensing
  examinations under this chapter is subject to review by the board.
  The board may assist the school or program in its effort to achieve
  compliance with the board's standards.
         (d-3)  A school or program from which approval has been
  withdrawn under this section may reapply for approval.
         (d-4)  The board may recognize and accept as approved under
  this section a school of nursing or educational program operated in
  another state and approved by a state board of nursing of another
  state. The board shall develop policies to ensure that the other
  state board's standards are substantially equivalent to the board's
  standards.
         (d-5)  The board shall streamline the process for initially
  approving a school of nursing or educational program under this
  section by identifying and eliminating tasks performed by the board
  that duplicate or overlap tasks performed by the Texas Higher
  Education Coordinating Board or the Texas Workforce Commission.
         (d-6)  The board, in cooperation with the Texas Higher
  Education Coordinating Board and the Texas Workforce Commission,
  shall establish guidelines for the initial approval of schools of
  nursing or educational programs. The guidelines must:
               (1)  identify the approval processes to be conducted by
  the Texas Higher Education Coordinating Board or the Texas
  Workforce Commission;
               (2)  require the approval process identified under
  Subdivision (1) to precede the approval process conducted by the
  board; and
               (3)  be made available on the board's Internet website
  and in a written form.
         (d-7)  A school of nursing or educational program approved
  under Subsection (d-1) shall:
               (1)  provide the board with copies of any reports
  submitted to or received from the national nursing accrediting
  agency selected by the board;
               (2)  notify the board of any change in accreditation
  status; and
               (3)  provide other information required by the board as
  necessary to evaluate and establish nursing education and workforce
  policy in this state.
         (h)  The board, in collaboration with the nursing educators,
  the Texas Higher Education Coordinating Board, and the Texas Health
  Care Policy Council, shall implement, monitor, and evaluate a plan
  for the creation of innovative nursing education models that
  promote increased enrollment in this state's nursing programs.
         SECTION 14.  Subchapter D, Chapter 301, Occupations Code, is
  amended by adding Section 301.1595 to read as follows:
         Sec. 301.1595.  ADVISORY COMMITTEES. (a) The board may
  appoint advisory committees to perform the advisory functions
  assigned by the board.
         (b)  An advisory committee shall provide independent
  expertise on board functions and policies, but may not be involved
  in setting board policy.
         (c)  The board shall adopt rules regarding the purpose,
  structure, and use of advisory committees, including rules on:
               (1)  the purpose, role, responsibility, and goal of an
  advisory committee;
               (2)  the size and quorum requirements for an advisory
  committee;
               (3)  the composition and representation of an advisory
  committee;
               (4)  the qualifications of advisory committee members,
  such as experience or area of residence;
               (5)  the appointment procedures for advisory
  committees;
               (6)  the terms of service for advisory committee
  members;
               (7)  the training requirements for advisory committee
  members, if necessary;
               (8)  the method the board will use to receive public
  input on issues addressed by an advisory committee; and
               (9)  the development of board policies and procedures
  to ensure advisory committees meet the requirements for open
  meetings under Chapter 551, Government Code, including
  notification requirements.
         (d)  A board member may not serve as a member of an advisory
  committee, but may serve as a liaison between an advisory committee
  and the board. A board member liaison that attends advisory
  committee meetings may attend only as an observer and not as a
  participant. A board member liaison is not required to attend
  advisory committee meetings. The role of a board member liaison is
  limited to clarifying the board's charge and intent to the advisory
  committee.
         (e)  To the extent of any conflict with Chapter 2110,
  Government Code, this section and board rules adopted under this
  section control.
         SECTION 15.  Subchapter D, Chapter 301, Occupations Code, is
  amended by adding Sections 301.166 and 301.167 to read as follows:
         Sec. 301.166.  USE OF TECHNOLOGY. The board shall implement
  a policy requiring the board to use appropriate technological
  solutions to improve the board's ability to perform its functions.
  The policy must ensure that the public is able to interact with the
  board on the Internet.
         Sec. 301.167.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
  RESOLUTION. (a) The board shall develop and implement a policy to
  encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008, Government Code, for the adoption of board rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009, Government Code, to assist in the
  resolution of internal and external disputes under the board's
  jurisdiction.
         (b)  The board's procedures relating to alternative dispute
  resolution must conform, to the extent possible, to any model
  guidelines issued by the State Office of Administrative Hearings
  for the use of alternative dispute resolution by state agencies.
         (c)  The board shall designate a trained person to:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  serve as a resource for any training needed to
  implement the procedures for negotiated rulemaking or alternative
  dispute resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures, as implemented by the board.
         SECTION 16.  Section 301.203, Occupations Code, is amended
  to read as follows:
         Sec. 301.203.  RECORDS AND ANALYSIS OF COMPLAINTS. (a) The
  board shall maintain a system to promptly and efficiently act on
  complaints [keep an information file about each complaint] filed
  with the board. The board shall maintain information about
  [information file must be kept current and must contain a record for
  each complaint of]:
               (1)  parties to the complaint [each person contacted in
  relation to the complaint];
               (2)  the subject matter of the complaint  [a summary of
  findings made at each step of the complaint process];
               (3)  a summary of the results of the review or
  investigation of the complaint [an explanation of the legal basis
  and reason for a complaint that is dismissed]; and
               (4)  the complaint's disposition [the schedule
  required under Section 301.204 and a notation of any change in the
  schedule; and
               [(5)  other relevant information].
         (b)  The board shall make information available describing
  its procedures for complaint investigation and resolution.
         (c)  The board shall periodically [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 until final disposition unless notice would
  jeopardize an undercover investigation.
         (d)  The board shall develop a method for analyzing the
  sources and types of complaints and violations and establish
  categories for the complaints and violations. The board shall use
  the analysis to focus its information and education efforts on
  specific problem areas identified through the analysis.
         (e)  The board shall analyze complaints filed with the board
  to identify any trends or issues related to certain violations,
  including:
               (1)  the reason for each complaint;
               (2)  how each complaint was resolved; and
               (3)  the subject matter of each complaint that was not
  within the jurisdiction of the board and how the board responded to
  the complaint.
         SECTION 17.  The heading to Section 301.204, Occupations
  Code, is amended to read as follows:
         Sec. 301.204.  GENERAL RULES, POLICIES, AND PROCEDURES
  REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.
         SECTION 18.  Section 301.204, Occupations Code, is amended
  by amending Subsection (a) and adding Subsection (f) to read as
  follows:
         (a)  The board shall adopt rules, policies, and procedures
  concerning the investigation of a complaint filed with the board.
  The rules, policies, or procedures 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; and
               (6)  by rule allow appropriate employees of the board
  to dismiss a complaint if an investigation demonstrates that:
                     (A)  a violation did not occur; or
                     (B)  the subject of the complaint is outside the
  board's jurisdiction.
         (f)  At each public meeting of the board, the executive
  director shall report to the board each complaint dismissed under
  Subsection (a)(6) since the board's last public meeting.
         SECTION 19.  Section 301.252, Occupations Code, is amended
  by amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (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 a [an approved] program
  of professional or vocational nursing education approved under
  Section 301.157(d); and
               (3)  has passed the jurisprudence examination approved
  by the board as provided by Subsection (a-1).
         (a-1)  The jurisprudence examination shall be conducted on
  the licensing requirements under this chapter and board rules and
  other laws, rules, or regulations applicable to the nursing
  profession in this state. The board shall adopt rules for the
  jurisprudence examination under Subsection (a)(3) regarding:
               (1)  the development of the examination;
               (2)  applicable fees;
               (3)  administration of the examination;
               (4)  reexamination procedures;
               (5)  grading procedures; and
               (6)  notice of results.
         (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 under
  Section 301.157(d) [by the board]; or
               (2)  a school of professional nurse education located
  in another state or a foreign country.
         SECTION 20.  Section 301.253, Occupations Code, is amended
  by amending Subsection (b) and adding Subsections (c-1), (f), and
  (g) to read as follows:
         (b)  Each examination administered under this section must
  be prepared by a national testing service or the board.  The board
  shall ensure that the [give the] examination is administered in
  various cities throughout the state.
         (c-1)  The board shall:
               (1)  adopt policies and guidelines detailing the
  procedures for the testing process, including test admission, test
  administration, and national examination requirements; and
               (2)  post on the board's Internet website the policies
  that reference the testing procedures by the national organization
  selected by the board to administer an examination.
         (f)  The board shall develop a written refund policy
  regarding examination fees that:
               (1)  defines the reasonable notification period and the
  emergencies that would qualify for a refund; and
               (2)  does not conflict with any examination fee or
  refund policy of the testing service involved in administering the
  examination.
         (g)  The board may recommend to a national testing service
  selected by the board to offer examinations under this section the
  board's written policy for refunding an examination fee for an
  applicant who:
               (1)  provides advance notice of the applicant's
  inability to take the examination; or
               (2)  is unable to take the examination because of an
  emergency.
         SECTION 21.  Section 301.301, Occupations Code, is amended
  by amending Subsections (b) and (c) and adding Subsection (c-1) to
  read as follows:
         (b)  A person may renew an unexpired license issued under
  this chapter on payment to the board of the required renewal fee
  before the expiration date of the license, payment to the board of
  any costs assessed under Section 301.461, and compliance with any
  other renewal requirements adopted by the board. A person whose
  license has expired may not engage in activities that require a
  license until the license has been renewed.
         (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 late fee in the amount considered appropriate by
  the board to encourage timely renewal [that is equal to one-half the
  amount charged for examination for the license].
         (c-1)  A person whose [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 late
  fee that is equal to twice the amount of a late fee under Subsection
  (c) [the amount charged for examination for the license].
         SECTION 22.  Section 301.302(a), Occupations Code, is
  amended to read as follows:
         (a)  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 may obtain a new
  license without examination.
         SECTION 23.  Section 301.303, Occupations Code, is amended
  by adding Subsection (g) to read as follows:
         (g)  The board by rule may establish guidelines for targeted
  continuing education required under this chapter. The rules
  adopted under this subsection must address:
               (1)  the nurses who are required to complete the
  targeted continuing education program;
               (2)  the type of courses that satisfy the targeted
  continuing education requirement;
               (3)  the time in which a nurse is required to complete
  the targeted continuing education;
               (4)  the frequency with which a nurse is required to
  meet the targeted continuing education requirement; and
               (5)  any other requirement considered necessary by the
  board.
         SECTION 24.  Section 301.410, Occupations Code, is amended
  to read as follows:
         Sec. 301.410.  REPORT REGARDING IMPAIRMENT BY CHEMICAL
  DEPENDENCY, [OR] MENTAL ILLNESS, OR DIMINISHED MENTAL CAPACITY.
  (a) 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.
         (b)  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 diminished mental capacity must
  report to the board if the person believes that an impaired nurse
  committed a practice violation.
         SECTION 25.  Subchapter I, Chapter 301, Occupations Code, is
  amended by adding Sections 301.4105 and 301.4106 to read as
  follows:
         Sec. 301.4105.  BOARD RESPONSIBILITY FOLLOWING REPORT. The
  board shall determine whether a nurse violated this chapter or a
  rule adopted under this chapter for any case reported to the board
  in which the nurse's ability to perform the practice of nursing was
  impaired or suspected of being impaired by chemical dependency or
  diminished mental capacity and in which the nurse is suspected of
  committing a practice violation. The board, in deciding whether to
  take disciplinary action against the nurse for a violation of this
  chapter or board rules, shall balance the need to protect the public
  and the need to ensure the impaired nurse seeks treatment.
         Sec. 301.4106.  PEER ASSISTANCE PROGRAMS. The board by rule
  shall develop guidelines to:
               (1)  outline the roles and responsibilities of the
  board and a peer assistance program established or approved by the
  board under Chapter 467, Health and Safety Code;
               (2)  outline the process for a peer assistance program
  to refer to the board complaints alleging a violation of the
  practice of nursing;
               (3)  establish requirements for successfully
  completing a peer assistance program and for notification of the
  board of the successful completion by a nurse the board has ordered
  to attend or referred to the program; and
               (4)  establish a procedure for evaluating the success
  of a peer assistance program established or approved by the board
  under Chapter 467, Health and Safety Code.
         SECTION 26.  Section 301.452, Occupations Code, is amended
  by adding Subsection (d) to read as follows:
         (d)  The board by rule shall establish guidelines to ensure
  that any arrest information, in particular information on arrests
  in which criminal action was not proven or charges were not filed or
  adjudicated, that is received by the board under this section is
  used consistently, fairly, and only to the extent the underlying
  conduct relates to the practice of nursing.
         SECTION 27.  Subchapter J, Chapter 301, Occupations Code, is
  amended by adding Section 301.4531 to read as follows:
         Sec. 301.4531.  SCHEDULE OF SANCTIONS. (a) The board by
  rule shall adopt a schedule of the disciplinary sanctions that the
  board may impose under this chapter. In adopting the schedule of
  sanctions, the board shall ensure that the severity of the sanction
  imposed is appropriate to the type of violation or conduct that is
  the basis for disciplinary action.
         (b)  In determining the appropriate disciplinary action,
  including the amount of any administrative penalty to assess, the
  board shall consider:
               (1)  whether the person:
                     (A)  is being disciplined for multiple violations
  of either this chapter or a rule or order adopted under this
  chapter; or
                     (B)  has previously been the subject of
  disciplinary action by the board and has previously complied with
  board rules and this chapter;
               (2)  the seriousness of the violation;
               (3)  the threat to public safety; and
               (4)  any mitigating factors.
         (c)  In the case of a person described by:
               (1)  Subsection (b)(1)(A), the board shall consider
  taking a more severe disciplinary action, including revocation of
  the person's license, than the disciplinary action that would be
  taken for a single violation; and
               (2)  Subsection (b)(1)(B), the board shall consider
  taking a more severe disciplinary action, including revocation of
  the person's license, than the disciplinary action that would be
  taken for a person who has not previously been the subject of
  disciplinary action by the board.
         SECTION 28.  Subchapter J, Chapter 301, Occupations Code, is
  amended by adding Sections 301.470 and 301.471 to read as follows:
         Sec. 301.470.  REFUND. (a) Subject to Subsection (b), the
  board may order a license holder to pay a refund to a consumer as
  provided in an agreement resulting from an informal settlement
  conference instead of or in addition to imposing an administrative
  penalty under this chapter.
         (b)  The amount of a refund ordered as provided in an
  agreement resulting from an informal settlement conference may not
  exceed the amount the consumer paid to a nurse for a service
  regulated by this chapter or the actual amount stolen or defrauded
  from a patient by the nurse. The board may not require payment of
  other damages or estimate harm in a refund order.
         Sec. 301.471.  EMERGENCY CEASE AND DESIST ORDER. (a) If it
  appears to the board that a person who is not licensed under this
  chapter is violating this chapter, a rule adopted under this
  chapter, or another state statute or rule relating to the practice
  of professional nursing or vocational nursing and the board
  determines that the unauthorized activity constitutes a clear,
  imminent, or continuing threat to the public health and safety, the
  board may:
               (1)  issue an emergency cease and desist order
  prohibiting the person from engaging in the activity; and
               (2)  report the activity to a local law enforcement
  agency or the attorney general for prosecution.
         (b)  An order issued under Subsection (a) must:
               (1)  be delivered on issuance to the person affected by
  the order by personal delivery or registered or certified mail,
  return receipt requested, to the person's last known address;
               (2)  state the acts or practices alleged to be an
  unauthorized activity and require the person immediately to cease
  and desist from the unauthorized activity; and
               (3)  contain a notice that a request for hearing may be
  filed under this section.
         (c)  Unless the person against whom the emergency cease and
  desist order is directed requests a board hearing in writing before
  the 11th day after the date it is served on the person, the order is
  final and nonappealable as to that person. A request for a board
  hearing must:
               (1)  be in writing and directed to the board; and
               (2)  state the grounds for the request to set aside or
  modify the order.
         (d)  On receiving a request for a hearing, the board shall
  serve notice of the time and place of the hearing by personal
  delivery or registered or certified mail, return receipt requested.
  The hearing must be held not later than the 10th day after the date
  the board receives the request for a hearing unless the parties
  agree to a later hearing date. A hearing under this subsection is
  subject to Chapter 2001, Government Code.
         (e)  After the hearing, the board shall affirm, modify, or
  set aside wholly or partly the emergency cease and desist order. An
  order affirming or modifying the emergency cease and desist order
  is immediately final for purposes of enforcement and appeal.
         (f)  An order under this section continues in effect unless
  the order is stayed by the board. The board may impose any
  condition before granting a stay of the order.
         (g)  The board may release to the public a final cease and
  desist order issued under this section or information regarding the
  existence of the order if the board determines that the release
  would enhance the effective enforcement of the order or will serve
  the public interest.
         (h)  A violation of an order issued under this section
  constitutes grounds for imposing an administrative penalty under
  this chapter.
         SECTION 29.  Section 301.502(a), Occupations Code, is
  amended to read as follows:
         (a)  The amount of the administrative penalty may not exceed
  $5,000 [$2,500] for each violation. Each day a violation continues
  or occurs is a separate violation for purposes of imposing a
  penalty.
         SECTION 30.  Subtitle E, Title 3, Occupations Code, is
  amended by adding Chapter 305 to read as follows:
  CHAPTER 305. NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT
         Sec. 305.001.  NCSBN ADVANCED PRACTICE REGISTERED NURSE
  COMPACT. The NCSBN Advanced Practice Registered Nurse Compact is
  enacted and entered into with all other jurisdictions that legally
  join in the compact, which is as follows:
  NCSBN ADVANCED PRACTICE REGISTERED NURSE COMPACT
  ARTICLE 1.  FINDINGS AND DECLARATION OF PURPOSE
         (a)  The party states find that:
               (1)  the health and safety of the public are affected by
  the degree of compliance with APRN licensure/authority to practice
  requirements and the effectiveness of enforcement activities
  related to state APRN licensure/authority to practice laws;
               (2)  violations of APRN licensure/authority to
  practice and other laws regulating the practice of nursing may
  result in injury or harm to the public;
               (3)  the expanded mobility of APRNs and the use of
  advanced communication technologies as part of our nation's health
  care delivery system require greater coordination and cooperation
  among states in the areas of APRN licensure/authority to practice
  and regulation;
               (4)  new practice modalities and technology make
  compliance with individual state APRN licensure/authority to
  practice laws difficult and complex;
               (5)  the current system of duplicative APRN
  licensure/authority to practice for APRNs practicing in multiple
  states is cumbersome and redundant to both APRNs and states;
               (6)  uniformity of APRN requirements throughout the
  states promotes public safety and public health benefits; and
               (7)  access to APRN services increases the public's
  access to health care, particularly in rural and underserved areas.
         (b)  The general purposes of this compact are to:
               (1)  facilitate the states' responsibilities to protect
  the public's health and safety;
               (2)  ensure and encourage the cooperation of party
  states in the areas of APRN licensure/authority to practice and
  regulation, including promotion of uniform licensure requirements;
               (3)  facilitate the exchange of information between
  party states in the areas of APRN regulation, investigation, and
  adverse actions;
               (4)  promote compliance with the laws governing APRN
  practice in each jurisdiction; and
               (5)  invest all party states with the authority to hold
  an APRN accountable for meeting all state practice laws in the state
  in which the patient is located at the time care is rendered through
  the mutual recognition of party state licenses.
  ARTICLE 2. DEFINITIONS
         (a)  "Advanced practice registered nurse" or "APRN" means a
  nurse anesthetist, nurse practitioner, nurse midwife, or clinical
  nurse specialist to the extent a party state licenses or grants
  authority to practice in that APRN role and title.
         (b)  "Adverse action" means a home or remote state
  disciplinary action.
         (c)  "Alternative program" means a voluntary,
  non-disciplinary monitoring program approved by a licensing board.
         (d)  "APRN licensure/authority to practice" means the
  regulatory mechanism used by a party state to grant legal authority
  to practice as an APRN.
         (e)  "APRN uniform licensure/authority to practice
  requirements" means those minimum uniform licensure, education,
  and examination requirements as agreed to by the compact
  administrators and adopted by licensing boards for the recognized
  APRN role and title.
         (f)  "Coordinated licensure information system" means an
  integrated process for collecting, storing, and sharing
  information on APRN licensure/authority to practice and
  enforcement activities related to APRN licensure/authority to
  practice laws, which is administered by a nonprofit organization
  composed of and controlled by state licensing boards.
         (g)  "Current significant investigative information" means:
               (1)  investigative information that a licensing board,
  after a preliminary inquiry that includes notification and an
  opportunity for the APRN to respond if required by state law, has
  reason to believe is not groundless and, if proved true, would
  indicate more than a minor infraction; or
               (2)  investigative information that indicates that the
  APRN represents an immediate threat to public health and safety
  regardless of whether the APRN has been notified and had an
  opportunity to respond.
         (h)  "Home state" means the party state that is the APRN's
  primary state of residence.
         (i)  "Home state action" means any administrative, civil,
  equitable, or criminal action permitted by the home state's laws
  which are imposed on an APRN by the home state's licensing board or
  other authority, including actions against an individual's
  license/authority to practice such as:  revocation, suspension,
  probation, or any other action which affects an APRN's
  authorization to practice.
         (j)  "Licensing board" means a party state's regulatory body
  responsible for issuing APRN licensure/authority to practice.
         (k)  "Multistate advanced practice privilege" means current
  authority from a remote state permitting an APRN to practice in that
  state in the same role and title as the APRN is licensed/authorized
  to practice in the home state to the extent that the remote state
  laws recognize such APRN role and title. A remote state has the
  authority, in accordance with existing state due process laws, to
  take actions against the APRN's privilege, including revocation,
  suspension, probation, or any other action that affects an APRN's
  multistate privilege to practice.
         (l)  "Party state" means any state that has adopted this
  compact.
         (m)  "Prescriptive authority" means the legal authority to
  prescribe medications and devices as defined by party state laws.
         (n)  "Remote state" means a party state, other than the home
  state:
               (1)  where the patient is located at the time APRN care
  is provided; or
               (2)  in the case of APRN practice not involving a
  patient, in such party state where the recipient of APRN practice is
  located.
         (o)  "Remote state action" means:
               (1)  any administrative, civil, equitable, or criminal
  action permitted by a remote state's laws which are imposed on an
  APRN by the remote state's licensing board or other authority,
  including actions against an individual's multistate advanced
  practice privilege in the remote state; and
               (2)  cease and desist and other injunctive or equitable
  orders issued by remote states or the licensing boards thereof.
         (p)  "State" means a state, territory, or possession of the
  United States.
         (q)  "State practice laws" means a party state's laws and
  regulations that govern APRN practice, define the scope of advanced
  nursing practice, including prescriptive authority, and create the
  methods and grounds for imposing discipline. State practice laws
  do not include the requirements necessary to obtain and retain APRN
  licensure/authority to practice as an APRN, except for
  qualifications or requirements of the home state.
         (r)  "Unencumbered" means that a state has no current
  disciplinary action against an APRN's license/authority to
  practice.
  ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION
         (a)  All party states shall participate in the nurse
  licensure compact for registered nurses and licensed
  practical/vocational nurses in order to enter into the APRN
  compact.
         (b)  No state shall enter the APRN compact until the state
  adopts, at a minimum, the APRN uniform licensure/authority to
  practice requirements for each APRN role and title recognized by
  the state seeking to enter the APRN compact.
         (c)  APRN licensure/authority to practice issued by a home
  state to a resident in that state will be recognized by each party
  state as authorizing a multistate advanced practice privilege to
  the extent that the role and title are recognized by each party
  state. To obtain or retain APRN licensure/authority to practice as
  an APRN, an applicant must meet the home state's qualifications for
  authority or renewal of authority as well as all other applicable
  state laws.
         (d)  The APRN multistate advanced practice privilege does
  not include prescriptive authority, and does not affect any
  requirements imposed by states to grant to an APRN initial and
  continuing prescriptive authority according to state practice
  laws. However, a party state may grant prescriptive authority to an
  individual on the basis of a multistate advanced practice privilege
  to the extent permitted by state practice laws.
         (e)  A party state may, in accordance with state due process
  laws, limit or revoke the multistate advanced practice privilege in
  the party state and may take any other necessary actions under the
  party state's applicable laws to protect the health and safety of
  the party state's citizens. If a party state takes action, the
  party state shall promptly notify the administrator of the
  coordinated licensure information system. The administrator of the
  coordinated licensure information system shall promptly notify the
  home state of any such actions by remote states.
         (f)  An APRN practicing in a party state must comply with the
  state practice laws and licensing board rules of the state in which
  the patient is located at the time care is provided. The APRN
  practice includes patient care and all advanced nursing practice
  defined by the party state's practice laws. The APRN practice will
  subject an APRN to the jurisdiction of the licensing board, the
  courts, and the laws of the party state.
         (g)  Individuals not residing in a party state may apply for
  APRN licensure/authority to practice as an APRN under the laws of a
  party state. However, the authority to practice granted to these
  individuals will not be recognized as granting the privilege to
  practice as an APRN in any other party state unless explicitly
  agreed to by that party state.
  ARTICLE 4. APPLICATIONS FOR APRN LICENSURE/AUTHORITY TO PRACTICE
  IN A PARTY STATE
         (a)  Once an application for APRN licensure/authority to
  practice is submitted, a party state shall ascertain, through the
  coordinated licensure information system, whether:
               (1)  the applicant has held or is the holder of a
  nursing license/authority to practice issued by another state;
               (2)  the applicant has had a history of previous
  disciplinary action by any state;
               (3)  an encumbrance exists on any license/authority to
  practice; and
               (4)  any other adverse action by any other state has
  been taken against a license/authority to practice.
  This information may be used in approving or denying an application
  for APRN licensure/authority to practice.
         (b)  An APRN in a party state shall hold APRN
  licensure/authority to practice in only one party state at a time,
  issued by the home state.
         (c)  An APRN who intends to change the APRN's primary state
  of residence may apply for APRN licensure/authority to practice in
  the new home state in advance of such change. However, new
  licensure/authority to practice will not be issued by a party state
  until after an APRN provides evidence of change in primary state of
  residence satisfactory to the new home state's licensing board.
         (d)  When an APRN changes primary state of residence by:
               (1)  moving between two party states, and obtains APRN
  licensure/authority to practice from the new home state, the APRN
  licensure/authority to practice from the former home state is no
  longer valid;
               (2)  moving from a nonparty state to a party state, and
  obtains APRN licensure/authority to practice from the new home
  state, the individual state license issued by the nonparty state is
  not affected and will remain in full force if so provided by the
  laws of the nonparty state; and
               (3)  moving from a party state to a nonparty state, the
  APRN licensure/authority to practice issued by the prior home state
  converts to an individual state license, valid only in the former
  home state, without the multistate licensure privilege to practice
  in other party states.
  ARTICLE 5. ADVERSE ACTIONS
         (a)  The licensing board of a remote state shall promptly
  report to the administrator of the coordinated licensure
  information system any remote state actions, including the factual
  and legal basis for such action, if known. The licensing board of a
  remote state shall also promptly report any significant current
  investigative information yet to result in a remote state action.
  The administrator of the coordinated licensure information system
  shall promptly notify the home state of any such reports.
         (b)  The licensing board of a party state shall have the
  authority to complete any pending investigations for an APRN who
  changes primary state of residence during the course of such
  investigations. It shall also have the authority to take
  appropriate action, and shall promptly report the conclusions of
  such investigations to the administrator of the coordinated
  licensure information system. The administrator of the coordinated
  licensure information system shall promptly notify the new home
  state of any such actions.
         (c)  A remote state may take adverse action affecting the
  multistate advanced practice privilege to practice within that
  party state. However, only the home state shall have the power to
  impose adverse action against the APRN licensure/authority to
  practice issued by the home state.
         (d)  For purposes of imposing adverse action, the licensing
  board of the home state shall give the same priority and effect to
  reported conduct received from a remote state as it would if such
  conduct had occurred within the home state. In so doing, it shall
  apply its own state laws to determine appropriate action.
         (e)  The home state may take adverse action based on the
  factual findings of the remote state, so long as each state follows
  its own procedures for imposing such adverse action.
         (f)  Nothing in this compact shall override a party state's
  decision that participation in an alternative program may be used
  in lieu of adverse action and that such participation shall remain
  nonpublic if required by the party state's laws. Party states must
  require APRNs who enter any alternative programs to agree not to
  practice in any other party state during the term of the alternative
  program without prior authorization from such other party state.
         (g)  All home state licensing board disciplinary orders,
  agreed or otherwise, which limit the scope of the APRN's practice or
  require monitoring of the APRN as a condition of the order shall
  include the requirements that the APRN will limit her or his
  practice to the home state during the pendency of the order. This
  requirement may allow the APRN to practice in other party states
  with prior written authorization from both the home state and party
  state licensing boards.
  ARTICLE 6. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE
  LICENSING BOARDS
         (a)  Notwithstanding any other powers, party state licensing
  boards shall have the authority to:
               (1)  if otherwise permitted by state law, recover from
  the affected APRN the costs of investigations and disposition of
  cases resulting from any adverse action taken against that APRN;
               (2)  issue subpoenas for both hearings and
  investigations, which require the attendance and testimony of
  witnesses, and the production of evidence;
               (3)  issue cease and desist orders to limit or revoke an
  APRN's privilege or licensure/authority to practice in their state;
  and
               (4)  promulgate uniform rules and regulations as
  provided for in Article 8(c).
         (b)  Subpoenas issued by a licensing board in a party state
  for the attendance and testimony of witnesses, and/or the
  production of evidence from another party state, shall be enforced
  in the latter state by any court of competent jurisdiction,
  according to the practice and procedure of that court applicable to
  subpoenas issued in proceedings pending before it. The issuing
  authority shall pay any witness fees, travel expenses, mileage, and
  other fees required by the service statutes of the state where the
  witnesses and/or evidence are located.
  ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM
         (a)  All party states shall participate in a cooperative
  effort to create a coordinated database of all APRNs. This system
  will include information on the APRN licensure/authority to
  practice and disciplinary history of each APRN, as contributed by
  party states, to assist in the coordination of APRN
  licensure/authority to practice and enforcement efforts.
         (b)  Notwithstanding any other provision of law, all party
  states' licensing boards shall promptly report adverse actions,
  actions against multistate advanced practice privileges, any
  current significant investigative information yet to result in
  adverse action, denials of applications, and the reasons for such
  denials to the coordinated licensure information system.
         (c)  Current significant investigative information shall be
  transmitted through the coordinated licensure information system
  only to party state licensing boards.
         (d)  Notwithstanding any other provision of law, all party
  states' licensing boards contributing information to the
  coordinated licensure information system may designate information
  that may not be shared with nonparty states or disclosed to other
  entities or individuals without the express permission of the
  contributing state.
         (e)  Any personally identifiable information obtained by a
  party states' licensing board from the coordinated licensure
  information system may not be shared with nonparty states or
  disclosed to other entities or individuals except to the extent
  permitted by the laws of the party state contributing the
  information.
         (f)  Any information contributed to the coordinated
  licensure information system that is subsequently required to be
  expunged by the laws of the party state contributing that
  information shall also be expunged from the coordinated licensure
  information system.
         (g)  The compact administrators, acting jointly with each
  other and in consultation with the administrator of the coordinated
  licensure information system, shall formulate necessary and proper
  procedures for the identification, collection, and exchange of
  information under this compact.
  ARTICLE 8. COMPACT ADMINISTRATION AND INTERCHANGE OF INFORMATION
         (a)  The head of the licensing board, or his/her designee, of
  each party state shall be the administrator of this compact for
  his/her state.
         (b)  The compact administrator of each party state shall
  furnish to the compact administrator of each other party state any
  information and documents including, but not limited to, a uniform
  data set of investigations, identifying information, licensure
  data, and disclosable alternative program participation
  information to facilitate the administration of this compact.
         (c)  Compact administrators shall have the authority to
  develop uniform rules to facilitate and coordinate implementation
  of this compact. These uniform rules shall be adopted by party
  states, under the authority invested under Article 6(a)(4).
  ARTICLE 9. IMMUNITY
  No party state or the officers or employees or agents of a party
  state's licensing board who act in accordance with the provisions
  of this compact shall be liable on account of any act or omission in
  good faith while engaged in the performance of their duties under
  this compact. Good faith in this article shall not include willful
  misconduct, gross negligence, or recklessness.
  ARTICLE 10. ENTRY INTO FORCE, WITHDRAWAL, AND AMENDMENT
         (a)  This compact shall enter into force and become effective
  as to any state when it has been enacted into the laws of that state.
  Any party state may withdraw from this compact by enacting a statute
  repealing the same, but no such withdrawal shall take effect until
  six months after the withdrawing state has given notice of the
  withdrawal to the executive heads of all other party states.
         (b)  No withdrawal shall affect the validity or
  applicability by the licensing boards of states remaining party to
  the compact of any report of adverse action occurring prior to the
  withdrawal.
         (c)  Nothing contained in this compact shall be construed to
  invalidate or prevent any APRN licensure/authority to practice
  agreement or other cooperative arrangement between a party state
  and a nonparty state that is made in accordance with the other
  provisions of this compact.
         (d)  This compact may be amended by the party states. No
  amendment to this compact shall become effective and binding upon
  the party states unless and until it is enacted into the laws of all
  party states.
  ARTICLE 11. CONSTRUCTION AND SEVERABILITY
         (a)  This compact shall be liberally construed so as to
  effectuate the purposes thereof. The provisions of this compact
  shall be severable and if any phrase, clause, sentence, or
  provision of this compact is declared to be contrary to the
  constitution of any party state or of the United States or the
  applicability thereof to any government, agency, person, or
  circumstance is held invalid, the validity of the remainder of this
  compact and the applicability thereof to any government, agency,
  person, or circumstance shall not be affected thereby. If this
  compact shall be held contrary to the constitution of any state
  party thereto, the compact shall remain in full force and effect as
  to the remaining party states and in full force and effect as to the
  party state affected as to all severable matters.
         (b)  In the event party states find a need for settling
  disputes arising under this compact:
               (1)  the party states may submit the issues in dispute
  to an arbitration panel which will be composed of an individual
  appointed by the compact administrator in the home state, an
  individual appointed by the compact administrator in the remote
  state involved, and an individual mutually agreed upon by the
  compact administrators of all the party states involved in the
  dispute; and
               (2)  the decision of a majority of the arbitrators
  shall be final and binding.
         Sec. 305.002.  BOARD AUTHORITY. Notwithstanding any
  provision of this chapter, the Texas Board of Nursing may establish
  criteria for recognizing advanced practice registered nurses under
  the NCSBN APRN Compact.
         Sec. 305.003.  RULES; EXPIRATION OF CHAPTER. (a) The Texas
  Board of Nursing may adopt rules necessary to implement this
  chapter.
         (b)  If the board does not adopt rules to implement the
  compact under this chapter before December 31, 2011, the board may
  not implement the NCSBN APRN Compact and this chapter expires
  December 31, 2011.
         Sec. 305.004.  APPLICABILITY OF CHAPTER. If a provision of
  this chapter or another state's law under the NCSBN APRN Compact
  conflicts with the laws of this state, the laws of this state
  prevail.
         Sec. 305.005.  RIGHTS AND OBLIGATIONS. (a) Unless the
  context indicates otherwise, or doing so would be inconsistent with
  the NCSBN APRN Compact, nurses practicing in this state under a
  license issued by a state that is a party to the NCSBN APRN Compact
  have the same rights and obligations as imposed by the laws of this
  state on license holders of the Texas Board of Nursing.
         (b)  The Texas Board of Nursing has the authority to
  determine whether a right or obligation imposed on license holders
  applies to nurses practicing in this state under a license issued by
  a state that is a party to the NCSBN APRN Compact unless that
  determination is inconsistent with the NCSBN APRN Compact.
         Sec. 305.006.  ENFORCEMENT. The Texas Board of Nursing is
  the state agency responsible for taking action against nurses
  practicing in this state under a license issued by a state that is a
  party to the NCSBN APRN Compact as authorized by the NCSBN APRN
  Compact. The action shall be taken in accordance with the same
  procedures for taking action against nurses licensed by this state.
         SECTION 31.  Section 101.002, Occupations Code, is amended
  to read as follows:
         Sec. 101.002.  COMPOSITION OF COUNCIL. The council consists
  of 14 members, with one member appointed by each of the following:
               (1)  the Texas Board of Chiropractic Examiners;
               (2)  the State Board of Dental Examiners;
               (3)  the Texas Optometry Board;
               (4)  the Texas State Board of Pharmacy;
               (5)  the Texas State Board of Podiatric Medical
  Examiners;
               (6)  the State Board of Veterinary Medical Examiners;
               (7)  the Texas [State Board of] Medical Board
  [Examiners];
               (8)  the Texas Board of Nursing [Nurse Examiners];
               (9)  the Texas State Board of Examiners of
  Psychologists;
               (10)  the Texas Funeral Service Commission;
               (11)  the entity that regulates the practice of
  physical therapy;
               (12)  the entity that regulates the practice of
  occupational therapy;
               (13)  the health licensing division of the [Texas]
  Department of State Health Services; and
               (14)  the governor's office.
         SECTION 32.  Section 157.052(a)(3), Occupations Code, is
  amended to read as follows:
               (3)  "Registered nurse" means a registered nurse
  recognized by the Texas Board of Nursing [Nurse Examiners] as
  having the specialized education and training required under
  Section 301.152.
         SECTION 33.  Section 157.059(b), Occupations Code, is
  amended to read as follows:
         (b)  A physician may delegate to a physician assistant
  offering obstetrical services and certified by the board as
  specializing in obstetrics or an advanced practice nurse recognized
  by the Texas Board of Nursing [Nurse Examiners] as a nurse midwife
  the act of administering or providing controlled substances to the
  physician assistant's or nurse midwife's clients during intrapartum
  and immediate postpartum care.
         SECTION 34.  Section 162.102(c), Occupations Code, is
  amended to read as follows:
         (c)  The board shall cooperate with the Texas Board of
  Nursing [Nurse Examiners] in the adoption of rules under this
  subchapter to eliminate, to the extent possible, conflicts between
  the rules adopted by each board.
         SECTION 35.  Section 203.002(2), Occupations Code, is
  amended to read as follows:
               (2)  "Certified nurse-midwife" means a person who is:
                     (A)  a registered nurse under Chapter 301;
                     (B)  recognized as an advanced nurse practitioner
  by the Texas Board of Nursing [Nurse Examiners]; and
                     (C)  certified by the American College of
  Nurse-Midwives.
         SECTION 36.  Section 203.402, Occupations Code, is amended
  to read as follows:
         Sec. 203.402.  PROHIBITED REPRESENTATION. A midwife may
  not:
               (1)  except as provided by Section 203.403, use in
  connection with the midwife's name a title, abbreviation, or
  designation tending to imply that the midwife is a "registered" or
  "certified" midwife as opposed to one who is licensed under this
  chapter;
               (2)  advertise or represent that the midwife is a
  physician or a graduate of a medical school unless the midwife is
  licensed to practice medicine by the Texas [State Board of] Medical
  Board [Examiners];
               (3)  use advertising or an identification statement
  that is false, misleading, or deceptive; or
               (4)  except as authorized by rules adopted by the Texas
  Board of Nursing [Nurse Examiners], use in combination with the
  term "midwife" the term "nurse" or another title, initial, or
  designation that implies that the midwife is licensed as a
  registered nurse or vocational nurse.
         SECTION 37.  Section 258.001, Occupations Code, is amended
  to read as follows:
         Sec. 258.001.  IMPERMISSIBLE DELEGATIONS.  A dentist may
  not delegate:
               (1)  an act to an individual who, by board order, is
  prohibited from performing the act;
               (2)  any of the following acts to a person not licensed
  as a dentist or dental hygienist:
                     (A)  the removal of calculus, deposits, or
  accretions from the natural and restored surfaces of exposed human
  teeth and restorations in the human mouth;
                     (B)  root planing or the smoothing and polishing
  of roughened root surfaces or exposed human teeth; or
                     (C)  any other act the delegation of which is
  prohibited by board rule;
               (3)  any of the following acts to a person not licensed
  as a dentist:
                     (A)  comprehensive examination or diagnosis and
  treatment planning;
                     (B)  a surgical or cutting procedure on hard or
  soft tissue;
                     (C)  the prescription of a drug, medication, or
  work authorization;
                     (D)  the taking of an impression for a final
  restoration, appliance, or prosthesis;
                     (E)  the making of an intraoral occlusal
  adjustment;
                     (F)  direct pulp capping, pulpotomy, or any other
  endodontic procedure;
                     (G)  the final placement and intraoral adjustment
  of a fixed or removable appliance; or
                     (H)  the placement of any final restoration; or
               (4)  the authority to an individual to administer a
  local anesthetic agent, inhalation sedative agent, parenteral
  sedative agent, or general anesthetic agent if the individual is
  not licensed as:
                     (A)  a dentist with a permit issued by the board
  for the procedure being performed, if a permit is required;
                     (B)  a certified registered nurse anesthetist
  licensed by the Texas Board of Nursing [Nurse Examiners], only if
  the delegating dentist holds a permit issued by the board for the
  procedure being performed, if a permit is required; or
                     (C)  a physician anesthesiologist licensed by the
  Texas [State Board of] Medical Board [Examiners].
         SECTION 38.  Section 303.001(1), Occupations Code, is
  amended to read as follows:
               (1)  "Board" means the Texas Board of Nursing [Nurse
  Examiners].
         SECTION 39.  Sections 304.002 and 304.003, Occupations Code,
  are amended to read as follows:
         Sec. 304.002.  ADMINISTRATION OF COMPACT.  The executive
  director of the Texas Board of Nursing [Nurse Examiners] is the
  Nurse Licensure Compact administrator for this state.
         Sec. 304.003.  RULES.  The Texas Board of Nursing [Nurse
  Examiners] may adopt rules necessary to implement this chapter.
         SECTION 40.  Sections 304.004(b) and (c), Occupations Code,
  are amended to read as follows:
         (b)  Unless the context indicates otherwise or doing so would
  be inconsistent with the Nurse Licensure Compact, nurses practicing
  in this state under a license issued by a state that is a party to
  the Nurse Licensure Compact have the same rights and obligations as
  imposed by the laws of this state on license holders of the Texas
  Board of Nursing [Nurse Examiners].
         (c)  The Texas Board of Nursing [Nurse Examiners] has the
  authority to determine whether a right or obligation imposed on
  license holders applies to nurses practicing in this state under a
  license issued by a state that is a party to the Nurse Licensure
  Compact unless that determination is inconsistent with the Nurse
  Licensure Compact.
         SECTION 41.  Section 304.005, Occupations Code, is amended
  to read as follows:
         Sec. 304.005.  ENFORCEMENT.  The Texas Board of Nursing
  [Nurse Examiners] is the state agency responsible for taking action
  against registered and vocational nurses practicing in this state
  under a license issued by a state that is a party to the Nurse
  Licensure Compact as authorized by the Nurse Licensure Compact.
  The action shall be taken in accordance with the same procedures for
  taking action against registered and vocational nurses licensed by
  this state.
         SECTION 42.  Section 304.006(a), Occupations Code, is
  amended to read as follows:
         (a)  On request and payment of a reasonable fee, the Texas
  Board of Nursing [Nurse Examiners] shall provide a registered or
  vocational nurse licensed by this state with a copy of information
  regarding the nurse maintained by the coordinated licensure
  information system under Article 7 of the Nurse Licensure Compact.
         SECTION 43.  Section 304.007, Occupations Code, is amended
  to read as follows:
         Sec. 304.007.  ACCESS TO PRACTICE-RELATED INFORMATION.
  Practice-related information provided by the Texas Board of Nursing
  [Nurse Examiners] to registered or vocational nurses licensed by
  this state shall be made available by the board on request and at a
  reasonable cost to nurses practicing in this state under a license
  issued by a state that is a party to the Nurse Licensure Compact.
         SECTION 44.  Section 304.008(a), Occupations Code, is
  amended to read as follows:
         (a)  In reporting information to the coordinated licensure
  information system under Article 7 of the Nurse Licensure Compact,
  the Texas Board of Nursing [Nurse Examiners] may disclose
  personally identifiable information about the nurse, including
  social security number.
         SECTION 45.  Section 304.009(a), Occupations Code, is
  amended to read as follows:
         (a)  The governor may withdraw this state from the Nurse
  Licensure Compact if the Texas Board of Nursing [Nurse Examiners]
  notifies the governor that a state that is party to the compact
  changed, after January 1, 1999, the state's requirements for
  licensing a nurse and that the state's requirements, as changed,
  are substantially lower than the requirements for licensing a nurse
  in this state.
         SECTION 46.  Section 401.052, Occupations Code, is amended
  to read as follows:
         Sec. 401.052.  NURSES. This chapter does not prevent or
  restrict a communication, speech, language, or hearing screening,
  as defined by board rule, from being conducted by a registered
  nurse:
               (1)  licensed in this state; and
               (2)  practicing in accordance with the standards of
  professional conduct and ethics established by rules adopted by the
  Texas Board of Nursing [Nurse Examiners].
         SECTION 47.  Section 601.002(11), Occupations Code, is
  amended to read as follows:
               (11)  "Registered nurse" means a person licensed by the
  Texas Board of Nursing [Nurse Examiners] to practice professional
  nursing.
         SECTION 48.  Section 601.251, Occupations Code, is amended
  to read as follows:
         Sec. 601.251.  APPLICABILITY. This subchapter applies to
  the:
               (1)  Texas Board of Nursing [Nurse Examiners];
               (2)  Texas Board of Chiropractic Examiners;
               (3)  State Board of Dental Examiners;
               (4)  Texas [State Board of] Medical Board [Examiners];
  and
               (5)  Texas State Board of Podiatric Medical Examiners.
         SECTION 49.  Section 601.252(a), Occupations Code, is
  amended to read as follows:
         (a)  Each agency subject to this subchapter, other than the
  Texas Board of Nursing [Nurse Examiners], shall adopt rules to
  regulate the manner in which a person who holds a license issued by
  the agency may order, instruct, or direct another authorized person
  in the performance of a radiologic procedure.
         SECTION 50.  Section 601.253, Occupations Code, is amended
  to read as follows:
         Sec. 601.253.  TEXAS BOARD OF NURSING [NURSE
  EXAMINERS].  (a) The Texas Board of Nursing [Nurse Examiners] may
  adopt rules governing registered nurses performing radiologic
  procedures under Section 601.151 or 601.154 and shall require
  registered nurses performing radiologic procedures under Section
  601.151 to register with the Texas Board of Nursing [Nurse
  Examiners] and to identify the practitioner ordering the
  procedures.
         (b)  The Texas Board of Nursing [Nurse Examiners] shall
  notify the agency licensing the practitioner that the nurse has
  registered under this section.
         SECTION 51.  Sections 61.657(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The board shall appoint a 10-member advisory committee
  to advise the board concerning assistance provided under this
  subchapter to professional nursing students. The advisory
  committee consists of:
               (1)  a chair named by the board;
               (2)  one representative named by the Texas Nurses
  Association;
               (3)  one representative named by the Texas Organization
  of Nurse Executives;
               (4)  one representative named by the Texas Board of
  Nursing [Nurse Examiners];
               (5)  a head of each of the three types of professional
  nursing educational programs, named by the deans and directors of
  nursing programs in this state;
               (6)  a representative of graduate nursing education
  named by the deans and directors of nursing programs in this state;
               (7)  one representative named by the Texas Health Care
  Association; and
               (8)  one representative named by the Texas Association
  of Homes for the Aging.
         (b)  The board shall appoint an eight-member advisory
  committee to advise the board concerning assistance provided under
  this subchapter to vocational nursing students. The advisory
  committee consists of:
               (1)  a chair named by the board;
               (2)  one representative named by the Licensed
  Vocational Nurses Association of Texas;
               (3)  one representative named by the Texas Organization
  of Nurse Executives;
               (4)  one representative named by the Texas Board of
  Nursing [Nurse Examiners];
               (5)  two representatives of vocational nursing
  educational programs named by the Texas Association of Vocational
  Nurse Educators;
               (6)  one representative named by the Texas Health Care
  Association; and
               (7)  one representative named by the Texas Association
  of Homes for the Aging.
         SECTION 52.  Section 61.9623(a), Education Code, is amended
  to read as follows:
         (a)  A grant from the professional nursing shortage
  reduction program to a professional nursing program or other entity
  involved with a professional nursing program in the preparation of
  students for initial licensure as registered nurses must be:
               (1)  expended exclusively on costs related to:
                     (A)  enrolling additional students;
                     (B)  nursing faculty enhancement in accordance
  with Section 61.96231;
                     (C)  encouraging innovation in the recruitment
  and retention of students, including the recruitment and retention
  of Spanish-speaking and bilingual students; or
                     (D)  identifying, developing, or implementing
  innovative methods to make the most effective use of limited
  professional nursing program faculty, instructional or clinical
  space, and other resources, including:
                           (i)  sharing administrative or
  instructional personnel, facilities, and responsibilities between
  two or more professional nursing programs located in the same
  region of this state; and
                           (ii)  using preceptors to provide clinical
  instruction in order to reduce the number of new faculty needed to
  accommodate increased student enrollment in the professional
  nursing program;
               (2)  contingent on the professional nursing program's
  having been approved as a professional nursing program by the board
  or the Texas Board of Nursing [Nurse Examiners], as appropriate, by
  September 1, 2001;
               (3)  contingent on the professional nursing program's
  not being on probation with the Texas Board of Nursing [Nurse
  Examiners] or other accrediting body; and
               (4)  if granted to increase enrollments, contingent on
  the professional nursing program's ability to enroll additional
  students, including having the necessary classroom space and
  clinical slots.
         SECTION 53.  Section 232.002, Family Code, is amended to
  read as follows:
         Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.
  The following are licensing authorities subject to this chapter:
               (1)  Department of Agriculture;
               (2)  Texas Alcoholic Beverage Commission;
               (3)  Texas Appraiser Licensing and Certification
  Board;
               (4)  Texas Board of Architectural Examiners;
               (5)  Texas Board of Chiropractic Examiners;
               (6)  Comptroller of Public Accounts;
               (7)  Court Reporters Certification Board;
               (8)  State Board of Dental Examiners;
               (9)  Texas State Board of Examiners of Dietitians;
               (10)  Texas Funeral Service Commission;
               (11)  Department of State Health Services;
               (12)  Department of Aging and Disability Services;
               (13)  Texas Board of Professional Land Surveying;
               (14)  Texas Department of Licensing and Regulation;
               (15)  Texas State Board of Examiners of Marriage and
  Family Therapists;
               (16)  Texas [State Board of] Medical Board [Examiners];
               (17)  Midwifery Board;
               (18)  Texas Commission on Environmental Quality;
               (19)  Texas Board of Nursing [Nurse Examiners];
               (20)  Texas Board of Occupational Therapy Examiners;
               (21)  Texas Optometry Board;
               (22)  Parks and Wildlife Department;
               (23)  Texas State Board of Examiners of Perfusionists;
               (24)  Texas State Board of Pharmacy;
               (25)  Texas Board of Physical Therapy Examiners;
               (26)  Texas State Board of Plumbing Examiners;
               (27)  Texas State Board of Podiatric Medical Examiners;
               (28)  Polygraph Examiners Board;
               (29)  Texas Private Security Board;
               (30)  Texas State Board of Examiners of Professional
  Counselors;
               (31)  Texas Board of Professional Engineers;
               (32)  Department of Family and Protective Services;
               (33)  Texas State Board of Examiners of Psychologists;
               (34)  Texas State Board of Public Accountancy;
               (35)  Department of Public Safety of the State of
  Texas;
               (36)  Public Utility Commission of Texas;
               (37)  Railroad Commission of Texas;
               (38)  Texas Real Estate Commission;
               (39)  State Bar of Texas;
               (40)  Texas State Board of Social Worker Examiners;
               (41)  State Board of Examiners for Speech-Language
  Pathology and Audiology;
               (42)  Texas Structural Pest Control Board;
               (43)  Board of Tax Professional Examiners;
               (44)  Secretary of State;
               (45)  Supreme Court of Texas;
               (46)  Texas Transportation Commission;
               (47)  State Board of Veterinary Medical Examiners;
               (48)  Texas Ethics Commission;
               (49)  Advisory Board of Athletic Trainers;
               (50)  State Committee of Examiners in the Fitting and
  Dispensing of Hearing Instruments;
               (51)  Texas Board of Licensure for Professional Medical
  Physicists;
               (52)  Texas Department of Insurance;
               (53)  Texas Board of Orthotics and Prosthetics;
               (54)  savings and loan commissioner;
               (55)  Texas Juvenile Probation Commission; and
               (56)  Texas Lottery Commission under Chapter 466,
  Government Code.
         SECTION 54.  Section 411.081(i), Government Code, is amended
  to read as follows:
         (i)  A criminal justice agency may disclose criminal history
  record information that is the subject of an order of nondisclosure
  to the following noncriminal justice agencies or entities only:
               (1)  the State Board for Educator Certification;
               (2)  a school district, charter school, private school,
  regional education service center, commercial transportation
  company, or education shared service arrangement;
               (3)  the Texas [State Board of] Medical Board
  [Examiners];
               (4)  the Texas School for the Blind and Visually
  Impaired;
               (5)  the Board of Law Examiners;
               (6)  the State Bar of Texas;
               (7)  a district court regarding a petition for name
  change under Subchapter B, Chapter 45, Family Code;
               (8)  the Texas School for the Deaf;
               (9)  the Department of Family and Protective Services;
               (10)  the Texas Youth Commission;
               (11)  the Department of Assistive and Rehabilitative
  Services;
               (12)  the Department of State Health Services, a local
  mental health service, a local mental retardation authority, or a
  community center providing services to persons with mental illness
  or retardation;
               (13)  the Texas Private Security Board;
               (14)  a municipal or volunteer fire department;
               (15)  the Texas Board of Nursing [Nurse Examiners];
               (16)  a safe house providing shelter to children in
  harmful situations;
               (17)  a public or nonprofit hospital or hospital
  district;
               (18)  the Texas Juvenile Probation Commission;
               (19)  the securities commissioner, the banking
  commissioner, the savings and loan commissioner, or the credit
  union commissioner;
               (20)  the Texas State Board of Public Accountancy;
               (21)  the Texas Department of Licensing and Regulation;
               (22)  the Health and Human Services Commission; and
               (23)  the Department of Aging and Disability Services.
         SECTION 55.  Section 411.125, Government Code, is amended to
  read as follows:
         Sec. 411.125.  ACCESS TO CRIMINAL HISTORY RECORD
  INFORMATION: TEXAS BOARD OF NURSING [NURSE EXAMINERS]. [(a)] The
  Texas Board of Nursing [Nurse Examiners] is entitled to obtain from
  the department criminal history record information maintained by
  the department that relates to a person who:
               (1)  is an applicant for or the holder of a license
  issued by the board;
               (2)  has requested a determination of eligibility for a
  license from the board; or
               (3)  is subject to investigation by the board in
  connection with a complaint or formal charge against the person.
         SECTION 56.  Section 487.101(3), Government Code, is amended
  to read as follows:
               (3)  "Postsecondary educational institution" means:
                     (A)  an institution of higher education, as
  defined by Section 61.003, Education Code;
                     (B)  a nonprofit, independent institution
  approved under Section 61.222, Education Code; or
                     (C)  a nonprofit, health-related school or
  program accredited by the Southern Association of Colleges and
  Schools, the Liaison Committee on Medical Education, the American
  Osteopathic Association, the Texas Board of Nursing [Nurse
  Examiners], or, in the case of allied health, an accrediting body
  recognized by the United States Department of Education.
         SECTION 57.  Section 487.151(2), Government Code, is amended
  to read as follows:
               (2)  "Postsecondary educational institution" means:
                     (A)  an institution of higher education, as
  defined by Section 61.003, Education Code;
                     (B)  a nonprofit, independent institution
  approved under Section 61.222, Education Code; or
                     (C)  a nonprofit, health-related school or
  program accredited by the Southern Association of Colleges and
  Schools, the Liaison Committee on Medical Education, the American
  Osteopathic Association, the Texas Board of Nursing [Nurse
  Examiners], or, in the case of allied health, an accrediting body
  recognized by the United States Department of Education.
         SECTION 58.  Section 531.02172(b), Government Code, is
  amended to read as follows:
         (b)  The advisory committee must include:
               (1)  representatives of health and human services
  agencies and other state agencies concerned with the use of
  telemedical consultations in the Medicaid program and the state
  child health plan program, including representatives of:
                     (A)  the commission;
                     (B)  the [Texas] Department of State Health
  Services;
                     (C)  the Office of Rural Community Affairs;
                     (D)  the Telecommunications Infrastructure Fund
  Board;
                     (E)  the Texas Department of Insurance;
                     (F)  the Texas [State Board of] Medical Board
  [Examiners];
                     (G)  the Texas Board of Nursing [Nurse Examiners];
  and
                     (H)  the Texas State Board of Pharmacy;
               (2)  representatives of health science centers in this
  state;
               (3)  experts on telemedicine, telemedical
  consultation, and telemedicine medical services or telehealth
  services; and
               (4)  representatives of consumers of health services
  provided through telemedical consultations and telemedicine
  medical services or telehealth services.
         SECTION 59.  Section 2054.352(a), Government Code, is
  amended to read as follows:
         (a)  The following licensing entities shall participate in
  the system established under Section 2054.353:
               (1)  Texas Board of Chiropractic Examiners;
               (2)  Court Reporters Certification Board;
               (3)  State Board of Dental Examiners;
               (4)  Texas Funeral Service Commission;
               (5)  Texas Board of Professional Land Surveying;
               (6)  Texas [State Board of] Medical Board [Examiners];
               (7)  Texas Board of Nursing [Nurse Examiners];
               (8)  Texas Optometry Board;
               (9)  Texas Structural Pest Control Board;
               (10)  Texas State Board of Pharmacy;
               (11)  Executive Council of Physical Therapy and
  Occupational Therapy Examiners;
               (12)  Texas State Board of Plumbing Examiners;
               (13)  Texas State Board of Podiatric Medical Examiners;
               (14)  Board of Tax Professional Examiners;
               (15)  Polygraph Examiners Board;
               (16)  Texas State Board of Examiners of Psychologists;
               (17)  State Board of Veterinary Medical Examiners;
               (18)  Texas Real Estate Commission;
               (19)  Texas Appraiser Licensing and Certification
  Board;
               (20)  Texas Department of Licensing and Regulation;
               (21)  Texas State Board of Public Accountancy;
               (22)  State Board for Educator Certification;
               (23)  Texas Board of Professional Engineers;
               (24)  Department of State Health Services;
               (25)  Texas Board of Architectural Examiners;
               (26)  Texas Racing Commission;
               (27)  Commission on Law Enforcement Officer Standards
  and Education; and
               (28)  Texas Private Security Board.
         SECTION 60.  Section 47.001(3), Health and Safety Code, is
  amended to read as follows:
               (3)  "Health care provider" means a registered nurse
  recognized as an advanced practice nurse by the Texas Board of
  Nursing [Nurse Examiners] or a physician assistant licensed by the
  Texas [State Board of] Physician Assistant Board [Examiners].
         SECTION 61.  Section 81.010(c), Health and Safety Code, is
  amended to read as follows:
         (c)  The council consists of one representative from each of
  the following agencies appointed by the executive director or
  commissioner of each agency:
               (1)  the department;
               (2)  the Texas Department of Mental Health and Mental
  Retardation;
               (3)  the Texas Department of Human Services;
               (4)  the Texas Commission on Alcohol and Drug Abuse;
               (5)  the Texas Rehabilitation Commission;
               (6)  the Texas Youth Commission;
               (7)  the Texas Department of Criminal Justice;
               (8)  the Texas Juvenile Probation Commission;
               (9)  the Texas Commission for the Blind;
               (10)  the Texas Commission for the Deaf and Hard of
  Hearing;
               (11)  the Department of Protective and Regulatory
  Services;
               (12)  the Texas Education Agency;
               (13)  the Texas Medical [State] Board [of Medical
  Examiners];
               (14)  the Texas Board of Nursing [Nurse Examiners];
               (15)  the State Board of Dental Examiners;
               (16)  the Health and Human Services Commission;
               (17)  the Texas Department on Aging; and
               (18)  the Texas Workforce Commission.
         SECTION 62.  Section 105.002(c), Health and Safety Code, is
  amended to read as follows:
         (c)  If the nursing resource section established under
  Subsection (b) is funded from surcharges collected under Section
  301.155(c), Occupations Code, the council shall provide the Texas
  Board of Nursing [Nurse Examiners] with an annual accounting of the
  money received from the board. The council may expend a reasonable
  amount of the money to pay administrative costs of maintaining the
  nursing resource section.
         SECTION 63.  Section 142.001(22), Health and Safety Code, is
  amended to read as follows:
               (22)  "Personal assistance service" means routine
  ongoing care or services required by an individual in a residence or
  independent living environment that enable the individual to engage
  in the activities of daily living or to perform the physical
  functions required for independent living, including respite
  services. The term includes:
                     (A)  personal care;
                     (B)  health-related services performed under
  circumstances that are defined as not constituting the practice of
  professional nursing by the Texas Board of Nursing [Nurse
  Examiners] through a memorandum of understanding with the
  department in accordance with Section 142.016; and
                     (C)  health-related tasks provided by unlicensed
  personnel under the delegation of a registered nurse or that a
  registered nurse determines do not require delegation.
         SECTION 64.  Sections 142.016(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  The Texas Board of Nursing [Nurse Examiners] and the
  department shall adopt a memorandum of understanding governing the
  circumstances under which the provision of health-related tasks or
  services do not constitute the practice of professional nursing.
  The agencies periodically shall review and shall renew or modify
  the memorandum as necessary.
         (b)  The Texas Board of Nursing [Nurse Examiners] and the
  department shall consult with an advisory committee in developing,
  modifying, or renewing the memorandum of understanding. The
  advisory committee shall be appointed by the Texas Board of Nursing
  [Nurse Examiners] and the department and at a minimum shall
  include:
               (1)  one representative from the Texas Board of Nursing
  [Nurse Examiners] and one representative from the department to
  serve as cochairmen;
               (2)  one representative from the Texas Department of
  Mental Health and Mental Retardation;
               (3)  one representative from the Texas Nurses
  Association;
               (4)  one representative from the Texas Association for
  Home Care, Incorporated, or its successor;
               (5)  one representative from the Texas Hospice
  Organization, Incorporated, or its successor;
               (6)  one representative of the Texas Respite Resource
  Network or its successor; and
               (7)  two representatives of organizations such as the
  Personal Assistance Task Force or the Disability Consortium that
  advocate for clients in community-based settings.
         SECTION 65.  Section 142.021, Health and Safety Code, is
  amended to read as follows:
         Sec. 142.021.  ADMINISTRATION OF MEDICATION. A person may
  not administer medication to a client of a home and community
  support services agency unless the person:
               (1)  holds a license under state law that authorizes
  the person to administer medication;
               (2)  holds a permit issued under Section 142.025 and
  acts under the delegated authority of a person who holds a license
  under state law that authorizes the person to administer
  medication;
               (3)  administers a medication to a client of a home and
  community support service agency in accordance with rules of the
  Texas Board of Nursing [Nurse Examiners] that permit delegation of
  the administration of medication to a person not holding a permit
  under Section 142.025; or
               (4)  administers noninjectable medication under
  circumstances authorized by the memorandum of understanding
  adopted under Section 142.016.
         SECTION 66.  Section 142.022, Health and Safety Code, is
  amended to read as follows:
         Sec. 142.022.  EXEMPTIONS FOR NURSING STUDENTS AND
  MEDICATION AIDE TRAINEES. (a) Sections 142.021 and 142.029 do not
  apply to:
               (1)  a graduate nurse holding a temporary permit issued
  by the Texas Board of Nursing [Nurse Examiners];
               (2)  a student enrolled in an accredited school of
  nursing or program for the education of registered nurses who is
  administering medications as part of the student's clinical
  experience;
               (3)  a graduate vocational nurse holding a temporary
  permit issued by the Texas Board of Nursing [Nurse Examiners];
               (4)  a student enrolled in an accredited school of
  vocational nursing or program for the education of vocational
  nurses who is administering medications as part of the student's
  clinical experience; or
               (5)  a trainee in a medication aide training program
  approved by the department under Section 142.024 who is
  administering medications as part of the trainee's clinical
  experience.
         (b)  The administration of medications by persons exempted
  under Subdivisions (1) through (4) of Subsection (a) is governed by
  the terms of the memorandum of understanding executed by the
  department and the Texas Board of Nursing [Nurse Examiners].
         SECTION 67.  Section 241.003(1), Health and Safety Code, is
  amended to read as follows:
               (1)  "Advanced practice nurse" means a registered nurse
  recognized as an advanced practice nurse by the Texas Board of
  Nursing [Nurse Examiners].
         SECTION 68.  Section 241.026(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The board shall adopt and enforce rules to further the
  purposes of this chapter. The rules at a minimum shall address:
               (1)  minimum requirements for staffing by physicians
  and nurses;
               (2)  hospital services relating to patient care;
               (3)  fire prevention, safety, and sanitation
  requirements in hospitals;
               (4)  patient care and a patient bill of rights;
               (5)  compliance with other state and federal laws
  affecting the health, safety, and rights of hospital patients; and
               (6)  compliance with nursing peer review under
  Subchapter I, Chapter 301, and Chapter 303, Occupations Code, and
  the rules of the Texas Board of Nursing [Nurse Examiners] relating
  to peer review.
         SECTION 69.  Section 242.607, Health and Safety Code, is
  amended to read as follows:
         Sec. 242.607.  EXEMPTIONS FOR NURSING STUDENTS AND
  MEDICATION AIDE TRAINEES. (a) Sections 242.606 and 242.614 do not
  apply to:
               (1)  a graduate nurse holding a temporary permit issued
  by the Texas Board of Nursing [Nurse Examiners];
               (2)  a student enrolled in an accredited school of
  nursing or program for the education of registered nurses who is
  administering medications as part of the student's clinical
  experience;
               (3)  a graduate vocational nurse holding a temporary
  permit issued by the Texas Board of Nursing [Nurse Examiners];
               (4)  a student enrolled in an accredited school of
  vocational nursing or program for the education of vocational
  nurses who is administering medications as part of the student's
  clinical experience; or
               (5)  a trainee in a medication aide training program
  approved by the department under this subchapter who is
  administering medications as part of the trainee's clinical
  experience.
         (b)  The administration of medications by persons exempted
  under Subdivisions (1) through (4) of Subsection (a) is governed by
  the terms of the memorandum of understanding executed by the
  department and the Texas Board of Nursing [Nurse Examiners].
         SECTION 70.  Section 36.132(a)(2), Human Resources Code, is
  amended to read as follows:
               (2)  "Licensing authority" means:
                     (A)  the Texas [State Board of] Medical Board
  [Examiners];
                     (B)  the State Board of Dental Examiners;
                     (C)  the Texas State Board of Examiners of
  Psychologists;
                     (D)  the Texas State Board of Social Worker
  Examiners;
                     (E)  the Texas Board of Nursing [Nurse Examiners];
                     (F)  the Texas Board of Physical Therapy
  Examiners;
                     (G)  the Texas Board of Occupational Therapy
  Examiners; or
                     (H)  another state agency authorized to regulate a
  provider who receives or is eligible to receive payment for a health
  care service under the Medicaid program.
         SECTION 71.  Section 1451.001(2), Insurance Code, is amended
  to read as follows:
               (2)  "Advanced practice nurse" means an individual
  licensed by the Texas Board of Nursing [Nurse Examiners] as a
  registered nurse and recognized by that board as an advanced
  practice nurse.
         SECTION 72.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.969 to read as follows:
         Sec. 51.969.  EMPLOYMENT POLICIES FOR NURSES IN MEDICAL AND
  DENTAL UNITS.  (a)  The president of a medical and dental unit, as
  defined by Section 61.003, shall determine whether a nurse employed
  by the unit for patient care or clinical activities is a full-time
  employee for purposes of:
               (1)  employees group benefits under Chapter 1551 or
  1601, Insurance Code;
               (2)  leave under Chapter 661 or 662, Government Code;
               (3)  longevity pay under Section 659.043, Government
  Code.
         (b)  A determination under Subsection (a) does not entitle a
  nurse who works less than 40 hours a week to the full state
  contribution to the cost of any coverage or benefits.  However, from
  money other than money appropriated from the general revenue fund,
  the employing medical and dental unit may contribute to that cost
  amounts in excess of the state contribution.
         SECTION 73.  Chapter 61, Education Code, is amended by
  adding Subchapter EE to read as follows:
  SUBCHAPTER EE. TEXAS HOSPITAL-BASED NURSING EDUCATION
  PARTNERSHIP GRANT PROGRAM
         Sec. 61.9751.  DEFINITIONS. In this subchapter:
               (1)  "Hospital-based nursing education partnership"
  means a partnership that:
                     (A)  consists of one or more hospitals in this
  state that are not owned, maintained, or operated by the federal or
  state government or an agency of the federal or state government and
  one or more nursing education programs in this state; and
                     (B)  serves to increase the number of students
  enrolled in and graduation rates for each nursing education program
  in the partnership.
               (2)  "Nursing education program" means an
  undergraduate professional nursing program or a graduate
  professional nursing program as those terms are defined by Section
  54.221.
         Sec. 61.9752.  PROGRAM: ESTABLISHMENT; ADMINISTRATION;
  PURPOSE. (a) The Texas hospital-based nursing education
  partnership grant program is established.
         (b)  The board shall administer the program in accordance
  with this subchapter and rules adopted under this subchapter.
         (c)  Under the program, to the extent funds are available
  under Section 61.9755, the board shall make grants to
  hospital-based nursing education partnerships to assist those
  partnerships to meet the state's needs for registered nurses by
  increasing the number of nursing education program graduates
  through innovative instruction, through collaboration between
  hospitals and nursing education programs, and the use of the
  existing expertise and facilities of those hospitals and programs.
         Sec. 61.9753.  GRANTS: CONDITIONS; LIMITATIONS. (a) The
  board may make a grant under this subchapter to a hospital-based
  nursing education partnership only if the board determines that:
               (1)  the partnership will meet applicable board and
  Texas Board of Nursing standards for instruction and student
  competency for the associate, bachelor of science, or master of
  science nursing degree granted by each nursing education program
  participating in the partnership;
               (2)  each nursing education program participating in
  the partnership will, as a result of the partnership, enroll in the
  nursing education program a sufficient number of additional
  students as established by the board;
               (3)  the marginal cost to the state of producing a
  graduate of a nursing education program participating in the
  partnership will be comparable, as determined under criteria
  established by board rule, to the marginal cost to the state of
  producing a graduate of a nursing education program not
  participating in a partnership;
               (4)  each hospital participating in a partnership with
  a nursing education program will provide to students enrolled in
  the program clinical placements that:
                     (A)  allow the students to take part in providing
  or to observe, as appropriate, medical services offered by the
  hospital; and
                     (B)  meet the clinical education needs of the
  students; and
               (5)  the partnership will satisfy any other requirement
  established by board rule.
         (b)  In establishing the cost-comparison criteria under
  Subsection (a)(3), the board shall exclude reasonable development
  and initial implementation costs for the infrastructure necessary
  to support a hospital-based nursing education partnership.
         (c)  A grant under this subchapter may be spent only on costs
  related to the development or operation of a hospital-based nursing
  education partnership that:
               (1)  prepares a student to earn an associate or
  bachelor of science degree in nursing and to achieve initial
  licensure as a registered nurse, including by providing an
  accelerated program to prepare a student to earn a bachelor of
  science degree in nursing;
               (2)  prepares a student to earn a master of science
  degree in nursing with a concentration in education; or
               (3)  provides an articulation program providing for
  advancement from an associate degree to a bachelor of science
  degree in nursing or to a master of science degree in nursing with a
  concentration in education.
         (d)  A hospital-based nursing education partnership shall
  return to the board money granted to the partnership under this
  subchapter that the partnership does not spend on eligible costs
  under Subsection (c). As the board determines appropriate to best
  achieve the purposes of these programs, the board may:
               (1)  use the money to make grants to other
  hospital-based nursing education partnerships;
               (2)  use the money to make grants under the
  professional nursing shortage reduction program established under
  Subchapter Z; or
               (3)  transfer the money to the permanent fund for
  higher education nursing, allied health, and other health-related
  programs established under Subchapter C, Chapter 63, for use in
  making grants under that subchapter.
         Sec. 61.9754.  PRIORITY FOR FUNDING. In awarding a grant
  under this subchapter, the board shall give priority to a
  hospital-based nursing education partnership that submits a
  proposal that:
               (1)  provides for collaborative educational models
  between one or more participating hospitals and one or more
  participating nursing education programs that have signed a
  memorandum of understanding or other written agreement under which
  the participants agree to comply with standards established by the
  board, including any standards the board may establish that:
                     (A)  provide for program management that offers a
  centralized decision-making process allowing for inclusion of each
  entity participating in the partnership;
                     (B)  provide for access to clinical training
  positions for students in nursing education programs that are not
  participating in the partnership; and
                     (C)  specify the details of any requirement
  relating to a student in a nursing education program participating
  in the partnership being employed after graduation in a hospital
  participating in the partnership, including any details relating to
  the employment of students who do not complete the program, are not
  offered a nursing position at the hospital, or choose to pursue
  other employment;
               (2)  includes a demonstrable education model to:
                     (A)  increase the number of students enrolled in,
  the number of students graduating from, and the number of nursing
  faculty employed by each nursing education program participating in
  the partnership; and
                     (B)  improve student retention in each nursing
  education program;
               (3)  indicates the availability of money to match all
  or a portion of the grant money, including matching money from a
  hospital, private or nonprofit entity, or institution of higher
  education;
               (4)  provides for completion of a class admitted under
  this project to be funded by all members of the partnership if the
  funded project ends before the class graduation date;
               (5)  can be replicated by other hospital-based nursing
  education partnerships or nursing education programs; and
               (6)  includes plans for sustainability of the
  partnership beyond the grant period.
         Sec. 61.9755.  GRANTS, GIFTS, AND DONATIONS. In addition to
  money appropriated by the legislature, the board may solicit,
  receive, and spend grants, gifts, and donations from any public or
  private source for the purposes of this subchapter.
         Sec. 61.9756.  RULES. The board shall adopt rules for the
  administration of the Texas hospital-based nursing education
  partnership grant program. The rules must include:
               (1)  provisions relating to applying for a grant under
  this subchapter; and
               (2)  standards of accountability to be met by any
  hospital-based nursing education partnership awarded a grant under
  this subchapter.
         Sec. 61.9757.  APPROVAL AS NURSING EDUCATION PILOT PROGRAM.
  The board and the Texas Board of Nursing shall establish a single
  application process under which a hospital-based nursing education
  partnership may apply both for approval as a pilot program under
  Section 301.1605, Occupations Code, and for a grant under this
  subchapter.
         Sec. 61.9758.  REPORTING REQUIREMENTS. (a)  Each
  hospital–based nursing education partnership that receives a grant
  under this subchapter shall submit to the board reports, including
  financial reports, that provide information concerning the extent
  to which during the reporting period the partnership has complied
  with accountability standards established by the board.
         (b)  Not later than December 31 of each even-numbered year,
  the board shall submit a report to the governor, lieutenant
  governor, and speaker of the house of representatives. The report
  shall include a list and description of partnerships created under
  this subchapter, and the number of new nursing student enrollees.
         Sec. 61.9759.  ADMINISTRATIVE COSTS. A reasonable amount,
  not to exceed three percent, of any money appropriated for purposes
  of this subchapter may be used to pay the costs of administering
  this subchapter.
         SECTION 74.  The following laws are repealed:
               (1)  Section 301.059(d), Occupations Code; and
               (2)  Sections 301.160(f), (g), and (h), Occupations
  Code.
         SECTION 75.  (a) On the effective date of this Act, the name
  of the Board of Nurse Examiners is changed to the Texas Board of
  Nursing.
         (b)  A member serving on the Board of Nurse Examiners on the
  effective date of this Act may continue to serve as a member of the
  Texas Board of Nursing for the remainder of the member's term.
         (c)  The Texas Board of Nursing shall:
               (1)  comply with and implement any nonstatutory
  recommendations regarding the board adopted by the Sunset Advisory
  Commission as a result of its review of the board; and
               (2)  report to the commission the information the
  commission requires regarding the board's implementation of the
  commission's nonstatutory recommendations not later than November
  1, 2008.
         SECTION 76.  (a) Not later than January 1, 2008, the Texas
  Board of Nursing shall:
               (1)  adopt the policies required by Sections 301.166
  and 301.167, Occupations Code, as added by this Act; and
               (2)  adopt the rules required by Chapter 301,
  Occupations Code, as amended by this Act.
         (b)  Not later than September 1, 2008, the Texas Board of
  Nursing shall:
               (1)  develop the jurisprudence examination required by
  Section 301.252, Occupations Code, as amended by this Act; and
               (2)  implement the plan for creating innovative nursing
  education models as required under Section 301.157(h), Occupations
  Code, as added by this Act, and report to the Sunset Advisory
  Commission regarding the plan and the board's effort to increase
  enrollment in nursing education programs.
         SECTION 77.  The requirement to pass a jurisprudence
  examination under Section 301.252, Occupations Code, as amended by
  this Act, applies only to an individual who applies for a license as
  a nurse under Chapter 301, Occupations Code, on or after September
  1, 2008.
         SECTION 78.  (a) The changes in law made by Sections 301.052
  and 301.053, Occupations Code, as amended by this Act, regarding
  the prohibitions on or qualifications of members of the Texas Board
  of Nursing do not affect the entitlement of a member serving on the
  Board of Nurse Examiners immediately before September 1, 2007, to
  continue to serve and function as a member of the Texas Board of
  Nursing for the remainder of the member's term. The changes in law
  made by those sections apply only to a member appointed on or after
  September 1, 2007.
         (b)  The changes in law made by this Act related to the
  filing, investigation, or resolution of a complaint under Chapter
  301, Occupations Code, as amended by this Act, apply only to a
  complaint filed with the Texas Board of Nursing on or after the
  effective date of this Act. A complaint filed before the effective
  date of this Act is governed by the law as it existed immediately
  before that date, and the former law is continued in effect for that
  purpose.
         (c)  The changes in law made by this Act governing the
  authority of the Texas Board of Nursing to issue, renew, or revoke a
  license under Chapter 301, Occupations Code, apply only to an
  application for an original or renewal license filed with the board
  under Chapter 301, Occupations Code, as amended by this Act, on or
  after the effective date of this Act. A license application filed
  before the effective date of this Act is governed by the law in
  effect at the time the application was filed, and the former law is
  continued in effect for that purpose.
         (d)  The change in law made by this Act with respect to
  conduct that is grounds for imposition of a disciplinary sanction,
  including a refund, temporary license suspension, or cease and
  desist order, 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 79.  As soon as practicable after the effective date
  of this Act, the Texas Higher Education Coordinating Board shall
  adopt rules for the implementation and administration of the Texas
  hospital-based nursing education partnership grant program
  established under Subchapter EE, Chapter 61, Education Code, as
  added by this Act. The board may adopt the initial rules in the
  manner provided by law for emergency rules.
         SECTION 80.  This Act takes effect September 1, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2426 was passed by the House on April
  19, 2007, by the following vote:  Yeas 141, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2426 on May 25, 2007, by the following vote:  Yeas 122, Nays 1,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2426 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor