88R2261 JCG-F     By: Jetton H.B. No. 1770       A BILL TO BE ENTITLED   AN ACT   relating to nurse profiles and certain information concerning   nurses maintained on the Texas Board of Nursing's Internet website.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 301.1583, Occupations Code, is amended   to read as follows:          Sec. 301.1583.  DISCIPLINARY ACTION. (a)  The board may    [shall] remove a disciplinary action from a nurse's profile [the   nurse licensure verification page] on the board's Internet website   if:                (1)  the disciplinary action is the only disciplinary   action taken against the nurse;                (2)  the disciplinary action was taken by the board for   a violation that is not related to the practice of nursing;                (3)  the disciplinary action did not result in the   suspension or revocation of, or the probation of the suspension or   revocation of, the nurse's license;                (4)  the disciplinary action does not provide any   indication that continued practice by the nurse may risk harm to a   patient; [and]                (5)  the nurse has successfully completed the   requirements imposed by the board in the disciplinary order related   to the disciplinary action; and                (6)  at least five years have elapsed since the date the   disciplinary action was taken.          (b)  A disciplinary action that is removed from a nurse's   profile [the nurse licensure verification page] on the board's   Internet website under Subsection (a) shall be removed from the   public portion of the coordinated licensure information system, as   defined by Section 304.0015 in Article II of the Nurse Licensure   Compact.          SECTION 2.  Subchapter D, Chapter 301, Occupations Code, is   amended by adding Section 301.1584 to read as follows:          Sec. 301.1584.  NURSE PROFILES. (a) The board shall create   a profile of each nurse licensed under this chapter. The profile   must:                (1)  include the information required by Subsection   (b); and                (2)  be compiled in a format that makes the information   contained in the profile easily available to the public.          (b)  Except as otherwise provided by this chapter, a profile   must contain the following information on each nurse:                (1)  the name of each board-approved school of nursing   or educational program attended and the dates of graduation;                (2)  a description of all board-approved advanced   educational programs attended;                (3)  any certification held by the nurse and recognized   by the board;                (4)  the number of years the nurse has actively   practiced nursing in:                      (A)  this state; and                      (B)  another jurisdiction for which the board may   issue a license under Section 301.259 or 301.260;                (5)  the name of each hospital or facility in this state   in which the nurse has privileges;                (6)  the nurse's primary practice location;                (7)  a description of any conviction for a felony, a   Class A or Class B misdemeanor, or a Class C misdemeanor involving   moral turpitude;                (8)  a description of any charges reported to the board   to which the nurse has pleaded no contest, for which the nurse is   the subject of deferred adjudication or pretrial diversion, or in   which sufficient facts of guilt were found and the matter was   continued by a court;                (9)  a description of any disciplinary action against   the nurse by the board;                (10)  a description of any disciplinary action against   the nurse by a nursing licensing board of another state;                (11)  a description of any formal charges against the   nurse initiated and filed under Section 301.458 and the status of   the charge;                (12)  a description of any medical malpractice claim   against the nurse, not including a description of any offers by the   nurse or another party to settle the claim, for which the nurse was   found liable, a jury awarded monetary damages to the claimant, and   the award has been determined to be final and not subject to further   appeal; and                (13)  for a nurse who prescribes or orders a drug or   device as delegated by a physician under Chapter 157 or other law,   the name and license number of the delegating physician.          (c)  On or after the fifth anniversary of the date corrective   action is imposed under Subchapter N, the board may remove from the   profile of the nurse subject to the action any information   regarding the action and any complaint resolved by the action   unless:                (1)  the complaint was related to the delivery of   health care; or                (2)  more than one corrective action has been imposed   to resolve complaints alleging the same violation by the nurse,   including a complaint not related to the delivery of health care.          (d)  Information required to be included under Subsection   (b) that is not maintained by the board in the ordinary course of   the board's duties shall be obtained from a nurse at the time the   nurse renews the nurse's license. In requesting information from   the nurse, the board shall:                (1)  inform the nurse that compliance with the request   for information is mandatory;                (2)  inform the nurse of the date the information will   be made available to the public; and                (3)  instruct the nurse about the requirements under   Subsection (f) for the nurse to obtain a copy of the nurse's profile   to make corrections.          (e)  This section does not:                (1)  prevent the board from providing explanatory   information regarding the significance of categories in which   malpractice settlements are reported; or                (2)  require the board to disclose confidential   settlement information.          (f)  The board shall provide a nurse with a copy of the   nurse's profile if the nurse requests a copy at the time the nurse   renews the nurse's license. If a copy is requested by a nurse, the   board shall provide the nurse one month from the date the copy is   provided to the nurse to correct factual errors in the nurse's   profile.          (g)  Except as otherwise provided by this section, the board   shall update the information contained in a nurse's profile   annually.  The board shall adopt a form that allows a nurse to   update information contained in a nurse's profile.  The form shall   be made available on the Internet and in other formats as prescribed   by board rule.  The board may adopt rules concerning the type and   content of additional information that may be included in a nurse's   profile.          (h)  In addition to the information required by Subsection   (b) and except as otherwise provided by this section, a profile must   be updated to contain the text of a formal charge filed under   Section 301.458 against the nurse or of a board order related to the   formal charge not later than the 10th business day after the date   the charge is filed.          (i)  Not later than the 10th business day after the date the   board issues a final order related to a formal charge filed under   Section 301.458 against a nurse, the board shall:                (1)  remove from the nurse's profile any record of the   formal charge or any prior disciplinary action related to the   formal charge; and                (2)  update the nurse's profile to contain the board's   final order.          (j)  Information included in a nurse's profile under   Subsections (b), (h), and (i) may not include any patient   identifying information.          (k)  Not later than the 10th business day after the date the   board dismisses a formal charge against a nurse required to be   included in the nurse's profile under Subsection (b)(11) or (h) as   baseless, unfounded, or not supported by sufficient evidence that a   violation occurred, or resolves the charge and takes no action   against the nurse's license as a result of the charge, the board   shall:                (1)  remove from the nurse's profile any record of the   formal charge or any prior disciplinary action related to the   formal charge; and                (2)  update the nurse's profile to contain the board's   final order dismissing or resolving the charge.          (l)  The board shall adopt rules as necessary to implement   this section.          SECTION 3.  Not later than January 1, 2024, the Texas Board   of Nursing shall adopt rules necessary to implement Section   301.1583, Occupations Code, as amended by this Act, and Section   301.1584, Occupations Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2023.