HBA-MPM S.B. 1285 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1285
By: Carona
Public Health
4/12/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Board of Nurse Examiners (board) requests between 35 and 55
state-only criminal background checks per month.  These investigations are
conducted by the Department of Public Safety (DPS).  If a person applying
for a license has a criminal history in another state, the board would not
be aware of this due to the limited information contained in the DPS
report.  The Federal Bureau of Investigation (FBI) maintains nationwide
information on an individual's criminal history. However, this information
must be requested by a law enforcement officer.  Senate Bill 1285
authorizes the board to commission a peace officer to request criminal
history information on individuals who apply for a nursing license from the
FBI and entitles a person to a hearing if the board proposes as a result of
the background check to decline, suspend, or revoke a nurse's license. 

Additionally, there is language in current law authorizing the board to
conduct a three-year study on  the mechanism for assuring the continued
competency of registered nurses.  This study has been concluded. Senate
Bill 1285 authorizes the board to conduct future pilot projects for
innovative applications in the regulation and practice of nursing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Board of Nurse Examiners in SECTION
1 (Section 301.4652, Health and Safety Code) of this bill. 

ANALYSIS

Senate Bill 1285 amends the Occupations Code to authorize the Board of
Nurse Examiners (board) to commission an employee who has been certified as
a peace officer to enforce the Nursing Practice Act. The bill provides that
the peace officer commissioned by the board has the powers, privileges, and
immunities of a peace officer while carrying out occupational duties,
except that the peace officer is prohibited from carrying a firearm or
making an arrest (Sec. 301.4651).  The bill also modifies the Code of
Criminal Procedures to include these individuals in the definition of peace
officer (Art. 2.12). 

The bill further amends the Occupations Code to authorize the board to
directly request and receive criminal history record information from the
Federal Bureau of Investigation (FBI).  The information received is
privileged and may not be disclosed to any person except under a court
order or to a nursing board that is a member of the Nurse Licensure
Compact.  The bill entitles a person to a hearing if, because of criminal
history record information obtained, the board proposes to determine that a
petitioner or license applicant is ineligible for a license or to suspend
or revoke a person's license or temporary license.  The bill requires the
board to adopt rules providing for the fair and uniform application of
these provisions (Sec. 301.4652). 

S.B. 1285 provides that the board is a criminal justice agency for the sole
purpose of directly obtaining criminal history information maintained by
the FBI.  The board is required as soon as practicable after September 1,
2001 to request from the appropriate office of the United States Department
of Justice a determination letter as to whether the board is recognized as
a criminal justice agency for this purpose.  On  receipt of the letter, the
executive director of the board is required to give the letter to the
secretary of state for publication in the Texas Register (SECTION 5). 

The bill authorizes the board to approve pilot and demonstration research
projects for innovative applications in the regulation or practice of
professional nursing.  The board is required to specify the procedures to
be followed in applying for approval of a project, which may include a
provision granting an exception to any rule adopted under the Nursing
Practice Act.  The board is authorized to condition approval of a project
on compliance with these provisions and rules adopted therein.  The bill
specifies that these provisions do not expand the meaning of professional
nursing (Sec. 301.1605).  The bill repeals existing law authorizing the
board to develop pilot programs to evaluate the effectiveness of mechanisms
for maintenance of the clinical competency of a registered nurse in the
nurse's area of practice and the understanding by registered nurses of the
laws governing the practice of professional nursing (SECTION 4). 

EFFECTIVE DATE

September 1, 2001.