General and Special Laws of The State of Texas Passed By The Regular Session of the Eighty-First Legislature, Volume 3 Page: 2,602
ix, 1735-2609, T1-33 p. ; 25 cm.View a full description of this legislative document.
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Ch. 999, 6 81st LEGISLATURE-REGULAR SESSION
(C) whose error contributed to a patient death or serious patient injury; or
(4) provide for a nursing peer review committee to review whether a [registered] nurse
is appropriate for remediation under Subdivision (1).
SECTION 7. Subchapter E, Chapter 301, Occupations Code, is amended by adding
Sections 301.206 and 301.207 to read as follows:
Sec. 301.206. CONFIDENTIALITY OF INFORMATION COLLECTED FOR EMER-
GENCY RELIEF PROGRAMS. (a) In this section, "emergency relief program" means a
program operated or sponsored by the federal government, the state, or a nonprofit
organization to provide nurses to assist in providing health care to victims or potential
victims of a disaster or state or local emergency.
(b) A nurse's personal contact information, including e-mail addresses, telephone num-
bers, and fax numbers, collected by the board for use by an emergency relief program is:
(1) confidential and not subject to disclosure under Chapter 552, Government Code; and
(2) not subject to disclosure, discovery, subpoena, or other means of legal compulsion
for release to anyone other than for the purpose of contacting the nurse to assist in an
emergency relief program.
Sec. 301.207. CONFIDENTIALITY OF HEALTH INFORMATION PROVIDED FOR
LICENSURE. Information regarding a person's diagnosis or treatment for a physical
condition, mental condition, or chemical dependency that the person submits to the board for
a petition for a declaratory order of eligibility for a license or for an application for an
initial license or a license renewal under this chapter is confidential to the same extent
information collected on a nurse as part of an investigation of a complaint is confidential
under Section 301.466.
SECTION 8. Section 301.257(a), Occupations Code, is amended to read as follows:
(a) A person may petition the board for a declaratory order as to the person's eligibility for
a license under this chapter if the person has reason to believe that the person is ineligible for
the license and:
(1) is enrolled or planning to enroll in an educational program that prepares a person for
an initial license as a registered nurse or vocational nurse; or [and]
(2) is an applicant for a [ r the]
license.
SECTION 9. Section 301.401(2), Occupations Code, is amended to read as follows:
(2) "Minor incident" means conduct by a nurse that does not indicate that the nurse's
continued practice poses a risk of harm to a patient or another person. This term is
synonymous with "minor error" or "minor violation of this chapter or board rule."
SECTION 10. Subchapter J, Chapter 301, Occupations Code, is amended by adding
Section 301.4521 to read as follows:
Sec. 301.4521. PHYSICAL AND PSYCHOLOGICAL EVALUATION. (a) In this sec-
tion:
(1) "Applicant" means:
(A) a petitioner for a declaratory order of eligibility for a license; or
(B) an applicant for an initial license or renewal of a license.
(2) "Evaluation" means a physical or psychological evaluation conducted to determine
a person's fitness to practice nursing.
(b) The board may require a nurse or applicant to submit to an evaluation only if the
board has probable cause to believe that the nurse or applicant is unable to practice nursing
with reasonable skill and safety to patients because of
(1) physical impairment;
(2) mental impairment; or
(3) chemical dependency or abuse of drugs or alcohol.
(c) A demand for an evaluation under Subsection (b) must be in writing and state:
2602
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Regular Session of the Eighty-First Legislature, Volume 3, legislative document, 2009; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221841/m1/878/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.