S.B. No. 1415
 
 
 
 
AN ACT
  relating to certain corrective actions by the Texas Board of
  Nursing, including a pilot program on deferred disciplinary action;
  providing corrective actions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 301, Occupations Code, is
  amended by adding Section 301.1607 to read as follows:
         Sec. 301.1607.  PILOT PROGRAM ON DEFERRAL OF FINAL
  DISCIPLINARY ACTION.  (a)  In this section, "deferred disciplinary
  action" means a final disciplinary action against a person licensed
  or regulated under this chapter that is deferred by the board as
  provided by this section.
         (b)  Not later than February 1, 2010, the board shall
  determine the feasibility of conducting a pilot program designed to
  evaluate the efficacy and effect on the public's protection of
  board deferral of disciplinary action against a person licensed or
  regulated under this chapter in cases in which the board proposes to
  impose a sanction other than a reprimand or a denial, suspension, or
  revocation of a license. If the board determines the pilot program
  is feasible, the board shall develop and implement the pilot
  program not later than February 1, 2011. The pilot program must
  conclude not later than January 1, 2014.
         (c)  The pilot program may not include cases in which the
  board proposes to issue a reprimand or to deny, suspend, or revoke a
  license.
         (d)  During the time the pilot program is implemented and for
  any action or complaint for which the board proposes to impose a
  sanction other than a reprimand or a denial, suspension, or
  revocation of a license, the board may:
               (1)  defer final disciplinary action the board has
  proposed against a person licensed or regulated under this chapter
  if the person conforms to conditions imposed by the board,
  including any condition the board could impose as a condition of
  probation under Section 301.468; and
               (2)  if the person successfully meets the imposed
  conditions, dismiss the complaint.
         (e)  Except as otherwise provided by this subsection, a
  deferred disciplinary action by the board under the pilot program
  is not confidential and is subject to disclosure in accordance with
  Chapter 552, Government Code. If the person successfully meets the
  conditions imposed by the board in deferring final disciplinary
  action and the board dismisses the action or complaint, the
  deferred disciplinary action of the board is confidential to the
  same extent as a complaint filed under Section 301.466.
         (f)  The board may treat a deferred disciplinary action taken
  against a nurse under this section as a prior disciplinary action
  against the nurse when considering the imposition of a sanction for
  a subsequent violation of this chapter or a rule or order adopted
  under this chapter.
         (g)  The board may contract with a third party to evaluate
  the pilot program established under this section.
         (h)  The board shall appoint an advisory committee to assist
  the board in overseeing the pilot program and its evaluation. The
  committee must include representatives of public advocacy
  organizations.
         (i)  This section expires September 1, 2014.
         SECTION 2.  Chapter 301, Occupations Code, is amended by
  adding Subchapter N to read as follows:
  SUBCHAPTER N.  CORRECTIVE ACTION PROCEEDING
         Sec. 301.651.  DEFINITION. In this subchapter, "corrective
  action" means a fine or remedial education imposed under Section
  301.652.
         Sec. 301.652.  IMPOSITION OF CORRECTIVE ACTION. (a)  The
  board may impose a corrective action on a person licensed or
  regulated under this chapter who violates this chapter or a rule or
  order adopted under this chapter. The corrective action:
               (1)  may be a fine, remedial education, or any
  combination of a fine or remedial education;
               (2)  is not a disciplinary action under Subchapter J;
  and
               (3)  is subject to disclosure only to the extent a
  complaint is subject to disclosure under Section 301.466.
         (b)  The board by rule shall adopt guidelines for the types
  of violations for which a corrective action may be imposed.
         Sec. 301.653.  REPORT AND NOTICE OF VIOLATION AND CORRECTIVE
  ACTION. If the executive director determines that a person has
  committed a violation for which a corrective action may be imposed
  under the guidelines adopted under Section 301.652(b), the
  executive director may give written notice of the determination and
  recommendation for corrective action to the person subject to the
  corrective action. The notice may be given by certified mail. The
  notice must:
               (1)  include a brief summary of the alleged violation;
               (2)  state the recommended corrective action; and
               (3)  inform the person of the person's options in
  responding to the notice.
         Sec. 301.654.  RESPONSE. Not later than the 20th day after
  the date the person receives the notice under Section 301.653, the
  person may:
               (1)  accept in writing the executive director's
  determination and recommended corrective action; or
               (2)  reject the executive director's determination and
  recommended corrective action.
         Sec. 301.655.  ACTION FOLLOWING RESPONSE. (a)  If the
  person accepts the executive director's determination and
  satisfies the recommended corrective action, the case is closed.
         (b)  If the person does not accept the executive director's
  determination and recommended corrective action as originally
  proposed or as modified by the board or fails to respond in a timely
  manner to the executive director's notice as provided by Section
  301.654, the executive director shall:
               (1)  terminate proceedings under this subchapter; and
               (2)  dispose of the matter as a complaint under
  Subchapter J.
         Sec. 301.656.  REPORT TO BOARD.  The executive director
  shall report periodically to the board on the corrective actions
  imposed under this subchapter, including:
               (1)  the number of corrective actions imposed;
               (2)  the types of violations for which corrective
  actions were imposed; and
               (3)  whether affected nurses accepted the corrective
  actions.
         Sec. 301.657.  EFFECT ON ACCEPTANCE OF CORRECTIVE ACTION.  
  (a)  Except to the extent provided by this section, a person's
  acceptance of a corrective action under this subchapter does not
  constitute an admission of a violation but does constitute a plea of
  nolo contendere.
         (b)  The board may treat a person's acceptance of corrective
  action as an admission of a violation if the board imposes a
  sanction on the person for a subsequent violation of this chapter or
  a rule or order adopted under this chapter.
         SECTION 3.  The changes in law made by this Act to Chapter
  301, Occupations Code, apply to actions for violations under
  Chapter 301 pending on the effective date of this Act or commenced
  on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1415 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1415 passed the House on
  May 14, 2009, by the following vote:  Yeas 144, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor