By: Burkett, et al. (Senate Sponsor - Hinojosa) H.B. No. 2950          (In the Senate - Received from the House May 3, 2017;   May 5, 2017, read first time and referred to Committee on Health &   Human Services; May 17, 2017, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   May 17, 2017, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 2950 By:  Uresti     A BILL TO BE ENTITLED   AN ACT     relating to the continuation and functions of the Texas Board of   Nursing and to the regulation of the practice of nursing.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 301.003, Occupations Code, is amended to   read as follows:          Sec. 301.003.  APPLICATION OF SUNSET ACT. The Texas Board of   Nursing 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, 2029 [2017].          SECTION 2.  Section 301.059, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (d) to read as   follows:          (b)  The training program must provide the person with   information regarding:                (1)  the law governing [legislation that created the   board and] the board's operations;                (2)  the programs, functions, rules, and budget of the   board;                (3)  the scope of and limitations on the board's   rulemaking authority;                (4) [(2)]  the results of the most recent formal audit   of the board;                (5) [(3)]  the requirements of:                      (A)  laws relating to open meetings, public   information, administrative procedure, and disclosing conflicts of   interest; and                      (B)  other laws applicable to members of the board   in performing their duties; and                (6) [(4)]  any applicable ethics policies adopted by   the board or the Texas Ethics Commission.          (d)  The executive director of the board shall create a   training manual that includes the information required by   Subsection (b). The executive director shall distribute a copy of   the training manual annually to each board member. On receipt of   the training manual, each board member shall sign and submit to the   executive director a statement acknowledging receipt of the   training manual.          SECTION 3.  Section 301.157, Occupations Code, is amended by   amending Subsections (d-4), (d-8), (d-9), and (d-11) and adding   Subsection (d-12) to read as follows:          (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 or other   regulatory body of that state.  The board shall adopt rules [develop   policies] to ensure that the other state's standards are   substantially equivalent to the board's standards.  The board by   rule shall develop a process for students enrolled in a school of   nursing or educational program operated in another state that does   not meet standards substantially equivalent to the board's   standards to apply for an initial license under this chapter.          (d-8)  For purposes of Subsection (d-4), a nursing program   is considered to meet standards substantially equivalent to the   board's standards if the program:                (1)  is part of an institution of higher education   located outside this state that is approved by the appropriate   regulatory authorities of that state;                (2)  holds regional accreditation by an accrediting   body recognized by the United States secretary of education and the   Council for Higher Education Accreditation;                (3)  holds specialty accreditation by an accrediting   body recognized by the United States secretary of education and the   Council for Higher Education Accreditation[, including the   National League for Nursing Accrediting Commission];                (4)  requires program applicants to be a licensed   practical or vocational nurse, a military service corpsman, or a   paramedic, or to hold a college degree in a clinically oriented   health care field with demonstrated experience providing direct   patient care; and                (5)  graduates students who:                      (A)  achieve faculty-determined program outcomes,   including passing criterion-referenced examinations of nursing   knowledge essential to beginning a registered nursing practice and   transitioning to the role of registered nurse;                      (B)  pass a criterion-referenced summative   performance examination developed by faculty subject matter   experts that measures clinical competencies essential to beginning   a registered nursing practice and that meets nationally recognized   standards for educational testing, including the educational   testing standards of the American Educational Research   Association, the American Psychological Association, and the   National Council on Measurement in Education; and                      (C)  pass the National Council Licensure   Examination for Registered Nurses at a rate equivalent to the   board's required passage rate for students of approved in-state   programs.          (d-9)  A graduate of a clinical competency assessment   program operated in another state and approved by a state board of   nursing or other regulatory body of another state is eligible to   apply for an initial license under this chapter if:                (1)  [the board allowed graduates of the program to   apply for an initial license under this chapter continuously during   the 10-year period preceding January 1, 2007;                [(2)]  the program does not make any substantial   changes in the length or content of its clinical competency   assessment without the board's approval; and                (2) [(3)]  the program remains in good standing with   the state board of nursing or other regulatory body in the other   state[; and                [(4)     the program participates in the research study   under Section 105.008, Health and Safety Code].          (d-11)  If a clinical competency assessment program operated   in another state graduates students who pass the National Council   Licensure Examination for Registered Nurses at a rate lower than   the board's required passage rate for graduating students of   approved in-state programs, not later than May 31 of the next school   year the program shall:                (1)  for the first year the student passage rate is   lower than the board's required passage rate for students of   approved in-state programs, complete and submit to the board for   review and comment a self-study of the program in accordance with   the board's guidelines;                (2)  for the second consecutive year the student   passage rate is lower than the board's required passage rate for   students of approved in-state programs, allow the board to conduct   a desk review to evaluate the program using the criteria typically   used in an on-site visit and make recommendations to improve the   program; and                (3)  for the third consecutive year the student passage   rate is lower than the board's required passage rate for students of   approved in-state programs, provide notice on the program's   Internet website that prospective students of the program may need   to complete additional requirements to apply for an initial license   in this state because the program has failed to meet the board's   standards related to the required passage rate on the National   Council Licensure Examination for Registered Nurses [Subsections   (d-8), (d-9), (d-10), and (d-11) expire December 31, 2017. As part   of the first review conducted under Section 301.003 after September   1, 2009, the Sunset Advisory Commission shall:                [(1)     recommend whether Subsections (d-8) and (d-9)   should be extended; and                [(2)     recommend any changes to Subsections (d-8) and   (d-9) relating to the eligibility for a license of graduates of a   clinical competency assessment program operated in another state].          (d-12)  A clinical competency assessment program operated in   another state is not considered to meet standards substantially   equivalent to the board's standards if the program fails to meet the   applicable requirements under Subsection (d-11) or if the program's   graduating student passage rate on the National Council Licensure   Examination for Registered Nurses is lower than the board's   required passage rate for graduating students of approved in-state   programs for four consecutive years. A student enrolled in a   program described by this subsection before December 31 of the   fourth consecutive year is eligible to apply for an initial license   under this chapter. The program shall notify a student who enrolls   in the program after December 31 of the fourth consecutive year that   the student is required to complete additional requirements   established by the board under Subsection (d-4) to apply for an   initial license under this chapter.          SECTION 4.  Subchapter D, Chapter 301, Occupations Code, is   amended by adding Section 301.1583 to read as follows:          Sec. 301.1583.  DISCIPLINARY RECORD. The board shall remove   a disciplinary action from a nurse's record on the board's Internet   website if:                (1)  the nurse applies to the board for removal;                (2)  the disciplinary action is the only disciplinary   action taken against the nurse;                (3)  the disciplinary action was an administrative,   clerical, or other minor violation not causing harm to a patient;                (4)  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;                (5)  the disciplinary action does not provide any   indication that continued practice by the nurse may risk harm to a   patient; and                (6)  the disciplinary action occurred at least five   years before the date the nurse applied for removal.          SECTION 5.  Section 301.252, Occupations Code, is amended by   amending Subsection (a) and adding Subsection (a-2) 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 related to the   practice of nursing;                (2)  has successfully completed a 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-2)  An applicant who provides satisfactory evidence that   the applicant has not committed a violation of this chapter or a   rule adopted under this chapter is considered to have good   professional character related to the practice of nursing. A   determination by the board that an applicant does not have good   professional character related to the practice of nursing must be   based on a showing by the board of a clear and rational connection   between a violation of this chapter or a rule adopted under this   chapter and the applicant's ability to effectively practice   nursing.          SECTION 6.  Section 301.257, Occupations Code, is amended by   adding Subsections (l) and (m) to read as follows:          (l)  The board may require in a declaratory order under this   section that a person begin participation in a peer assistance   program at the time of receipt of an initial license under this   chapter.  The board shall notify the person that, on issuance of the   person's initial license, the person may request reevaluation of   the person's required participation in the peer assistance program.          (m)  The board by rule shall develop a process to determine   whether a person should continue to be required to participate in a   peer assistance program. In making the determination, the board   shall:                (1)  review the person's criminal history record   information and, if applicable, determine whether participation in   the program is warranted based on the time that has elapsed since   the conviction or end of community supervision;                (2)  reevaluate or require a contractor administering a   peer assistance program to reevaluate the treatment plan or the   time the person is required to participate in the peer assistance   program based on the person's individualized needs; and                (3)  authorize, as appropriate, a waiver of peer   assistance program completion if the board is satisfied the person   has achieved a satisfactory period of treatment or documented   sobriety, as defined by board rules, and continued participation is   not necessary.          SECTION 7.  Section 301.301(b), Occupations Code, is amended   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.          SECTION 8.  Section 301.4106, Occupations Code, is amended   to read as follows:          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 clear procedure based on meaningful   performance goals for evaluating the success of a peer assistance   program established or approved by the board under Chapter 467,   Health and Safety Code;                (5)  establish individualized requirements for   participants in a peer assistance program, including the duration   of participation in a peer assistance program for substance use,   based on the individual's diagnosis and needs; and                (6)  ensure that participation requirements and   treatment plans for peer assistance program participants who are   referred to peer assistance for similar reasons are administered   consistently.          SECTION 9.  Section 301.452, Occupations Code, is amended by   amending Subsection (b) and adding Subsection (e) to read as   follows:          (b)  A person is subject to denial of a license or to   disciplinary action under this subchapter for:                (1)  a violation of this chapter, a rule or regulation   not inconsistent with this chapter, or an order issued under this   chapter;                (2)  fraud or deceit in procuring or attempting to   procure a license to practice professional nursing or vocational   nursing;                (3)  a conviction for, or placement on deferred   adjudication community supervision or deferred disposition for, a   felony or for a misdemeanor involving moral turpitude;                (4)  conduct that results in the revocation of   probation imposed because of conviction for a felony or for a   misdemeanor involving moral turpitude;                (5)  use of a nursing license, diploma, or permit, or   the transcript of such a document, that has been fraudulently   purchased, issued, counterfeited, or materially altered;                (6)  impersonating or acting as a proxy for another   person in the licensing examination required under Section 301.253   or 301.255;                (7)  directly or indirectly aiding or abetting an   unlicensed person in connection with the unauthorized practice of   nursing;                (8)  revocation, suspension, or denial of, or any other   action relating to, the person's license or privilege to practice   nursing in another jurisdiction or under federal law;                (9)  intemperate use of alcohol or drugs that the board   determines endangers or could endanger a patient;                (10)  unprofessional [or dishonorable] conduct in the   practice of nursing that[, in the board's opinion,] is likely to   deceive, defraud, or injure a patient or the public;                (11)  adjudication of mental incompetency;                (12)  lack of fitness to practice because of a mental or   physical health condition that could result in injury to a patient   or the public; or                (13)  failure to care adequately for a patient or to   conform to the minimum standards of acceptable nursing practice in   a manner that, in the board's opinion, exposes a patient or other   person unnecessarily to risk of harm.          (e)  The board shall adopt rules to ensure that license   denials and disciplinary action under Subsection (b)(10) are based   on the application of objective criteria that are clearly and   rationally connected to the applicant's or license holder's conduct   and that any negative outcome resulting from that conduct is   determined to affect the person's ability to effectively practice   nursing.          SECTION 10.  Section 301.459, Occupations Code, is amended   by amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The board by rule shall adopt procedures under Chapter   2001, Government Code, governing formal disposition of a contested   case. An administrative law judge employed by the [The] State   Office of Administrative Hearings shall conduct a formal hearing.   After receiving the administrative law judge's findings of fact and   conclusions of law for a contested case, the board shall dispose of   the case by issuing a final order based on the administrative law   judge's findings of fact and conclusions of law.          (a-1)  Notwithstanding Section 2001.058(e), Government   Code, the board in a contested case may not change a finding of fact   or conclusion of law or vacate or modify an order of the   administrative law judge. The board may obtain judicial review of   any finding of fact or conclusion of law issued by the   administrative law judge as provided by Section 2001.058(f)(5),   Government Code. For each case, the administrative law judge may   make a recommendation regarding an appropriate action or sanction.     The board has the sole authority and discretion to determine the   appropriate action or sanction.          SECTION 11.  Section 301.461, Occupations Code, is amended   to read as follows:          Sec. 301.461.  ASSESSMENT OF COSTS PROHIBITED. The board   may not assess a person who is found to have violated this chapter   the administrative costs of conducting a hearing to determine the   violation.          SECTION 12.  Chapter 304, Occupations Code, is amended by   adding Section 304.0015 to read as follows:          Sec. 304.0015.  NURSE LICENSURE COMPACT. The Nurse   Licensure Compact is enacted and entered into with all other   jurisdictions that legally join in the compact, which reads as   follows:   NURSE LICENSURE COMPACT   ARTICLE I. 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 and the effectiveness of enforcement   activities related to state nurse licensure laws;                (2)  violations of nurse licensure and other laws   regulating the practice of nursing may result in injury or harm to   the public;                (3)  the expanded mobility of nurses 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 nurse licensure and regulation;                (4)  new practice modalities and technology make   compliance with individual state nurse licensure laws difficult and   complex;                (5)  the current system of duplicative licensure for   nurses practicing in multiple states is cumbersome and redundant   for both nurses and states; and                (6)  uniformity of nurse licensure requirements   throughout the states promotes public safety and public health   benefits.          (b)  The general purposes of this compact are to:                (1)  facilitate the states' responsibility to protect   the public's health and safety;                (2)  ensure and encourage the cooperation of party   states in the areas of nurse licensure and regulation;                (3)  facilitate the exchange of information between   party states in the areas of nurse regulation, investigation, and   adverse actions;                (4)  promote compliance with the laws governing the   practice of nursing in each jurisdiction;                (5)  invest all party states with the authority to hold   a nurse 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;                (6)  decrease redundancies in the consideration and   issuance of nurse licenses; and                (7)  provide opportunities for interstate practice by   nurses who meet uniform licensure requirements.   ARTICLE II. DEFINITIONS          As used in this compact:          (a)  "Adverse action" means any administrative, civil,   equitable, or criminal action permitted by a state's laws that is   imposed by a licensing board or other authority against a nurse,   including actions against an individual's license or multistate   licensure privilege such as revocation, suspension, probation,   monitoring of the licensee, limitation on the licensee's practice,   or any other encumbrance on licensure affecting a nurse's   authorization to practice, including issuance of a cease and desist   action.          (b)  "Alternative program" means a nondisciplinary   monitoring program approved by a licensing board.          (c)  "Coordinated licensure information system" means an   integrated process for collecting, storing, and sharing   information on nurse licensure and enforcement activities related   to nurse licensure laws that is administered by a nonprofit   organization composed of and controlled by licensing boards.          (d)  "Current significant investigative information" means:                (1)  investigative information that a licensing board,   after a preliminary inquiry that includes notification and an   opportunity for the nurse to respond, if required by state law, has   reason to believe is not groundless and, if proven true, would   indicate more than a minor infraction; or                (2)  investigative information that indicates that the   nurse represents an immediate threat to public health and safety   regardless of whether the nurse has been notified and had an   opportunity to respond.          (e)  "Encumbrance" means a revocation or suspension of, or   any limitation on, the full and unrestricted practice of nursing   imposed by a licensing board.          (f)  "Home state" means the party state which is the nurse's   primary state of residence.          (g)  "Licensing board" means a party state's regulatory body   responsible for issuing nurse licenses.          (h)  "Multistate license" means a license to practice as a   registered or a licensed practical/vocational nurse (LPN/VN)   issued by a home state licensing board that authorizes the licensed   nurse to practice in all party states under a multistate licensure   privilege.          (i)  "Multistate licensure privilege" means a legal   authorization associated with a multistate license permitting the   practice of nursing as either a registered nurse (RN) or LPN/VN in a   remote state.          (j)  "Nurse" means RN or LPN/VN, as those terms are defined   by each party state's practice laws.          (k)  "Party state" means any state that has adopted this   compact.          (l)  "Remote state" means a party state, other than the home   state.          (m)  "Single-state license" means a nurse license issued by a   party state that authorizes practice only within the issuing state   and does not include a multistate licensure privilege to practice   in any other party state.          (n)  "State" means a state, territory, or possession of the   United States and the District of Columbia.          (o)  "State practice laws" means a party state's laws, rules,   and regulations that govern the practice of nursing, define the   scope of nursing practice, and create the methods and grounds for   imposing discipline. "State practice laws" do not include   requirements necessary to obtain and retain a license, except for   qualifications or requirements of the home state.   ARTICLE III. GENERAL PROVISIONS AND JURISDICTION          (a)  A multistate license to practice registered or licensed   practical/vocational nursing issued by a home state to a resident   in that state will be recognized by each party state as authorizing   a nurse to practice as a registered nurse (RN) or as a licensed   practical/vocational nurse (LPN/VN), under a multistate licensure   privilege, in each party state.          (b)  A state must implement procedures for considering the   criminal history records of applicants for initial multistate   license or licensure by endorsement. Such procedures shall include   the submission of fingerprints or other biometric-based   information by applicants for the purpose of obtaining an   applicant's criminal history record information from the Federal   Bureau of Investigation and the agency responsible for retaining   that state's criminal records.          (c)  Each party state shall require the following for an   applicant to obtain or retain a multistate license in the home   state:                (1)  meets the home state's qualifications for   licensure or renewal of licensure, as well as all other applicable   state laws;                (2)(i)  has graduated or is eligible to graduate from a   licensing board-approved RN or LPN/VN prelicensure education   program; or                      (ii)  has graduated from a foreign RN or LPN/VN   prelicensure education program that (a) has been approved by the   authorized accrediting body in the applicable country and (b) has   been verified by an independent credentials review agency to be   comparable to a licensing board-approved prelicensure education   program;                (3)  has, if a graduate of a foreign prelicensure   education program not taught in English or if English is not the   individual's native language, successfully passed an English   proficiency examination that includes the components of reading,   speaking, writing, and listening;                (4)  has successfully passed an NCLEX-RN or NCLEX-PN   Examination or a recognized predecessor, as applicable;                (5)  is eligible for or holds an active, unencumbered   license;                (6)  has submitted, in connection with an application   for initial licensure or licensure by endorsement, fingerprints or   other biometric data for the purpose of obtaining criminal history   record information from the Federal Bureau of Investigation and the   agency responsible for retaining that state's criminal records;                (7)  has not been convicted or found guilty, or has   entered into an agreed disposition, of a felony offense under   applicable state or federal criminal law;                (8)  has not been convicted or found guilty, or has   entered into an agreed disposition, of a misdemeanor offense   related to the practice of nursing as determined on a case-by-case   basis;                (9)  is not currently enrolled in an alternative   program;                (10)  is subject to self-disclosure requirements   regarding current participation in an alternative program; and                (11)  has a valid United States social security number.          (d)  All party states shall be authorized, in accordance with   existing state due process law, to take adverse action against a   nurse's multistate licensure privilege such as revocation,   suspension, probation, or any other action that affects a nurse's   authorization to practice under a multistate licensure privilege,   including cease and desist actions. If a party state takes such   action, it 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.          (e)  A nurse practicing in a party state must comply with the   state practice laws of the state in which the client is located at   the time service is provided. The practice of nursing is not   limited to patient care, but shall include all nursing practice as   defined by the state practice laws of the party state in which the   client is located. The practice of nursing in a party state under a   multistate licensure privilege will subject a nurse to the   jurisdiction of the licensing board, the courts, and the laws of the   party state in which the client is located at the time service is   provided.          (f)  Individuals not residing in a party state shall continue   to be able to apply for a party state's single-state license as   provided under the laws of each party state. However, the   single-state license granted to these individuals will not be   recognized as granting the privilege to practice nursing in any   other party state. Nothing in this compact shall affect the   requirements established by a party state for the issuance of a   single-state license.          (g)  Any nurse holding a home state multistate license, on   the effective date of this compact, may retain and renew the   multistate license issued by the nurse's then-current home state,   provided that:                (1)  a nurse, who changes primary state of residence   after this compact's effective date, must meet all applicable   Article III(c) requirements to obtain a multistate license from the   new home state; or                (2)  a nurse who fails to satisfy the multistate   licensure requirements in Article III(c) due to a disqualifying   event occurring after this compact's effective date shall be   ineligible to retain or renew a multistate license, and the nurse's   multistate license shall be revoked or deactivated in accordance   with applicable rules adopted by the Interstate Commission of Nurse   Licensure Compact Administrators ("commission").   ARTICLE IV. APPLICATIONS FOR LICENSURE IN A PARTY STATE          (a)  Upon application for a multistate license, the   licensing board in the issuing party state shall ascertain, through   the coordinated licensure information system, whether the   applicant has ever held, or is the holder of, a license issued by   any other state, whether there are any encumbrances on any license   or multistate licensure privilege held by the applicant, whether   any adverse action has been taken against any license or multistate   licensure privilege held by the applicant, and whether the   applicant is currently participating in an alternative program.          (b)  A nurse may hold a multistate license, issued by the   home state, in only one party state at a time.          (c)  If a nurse changes primary state of residence by moving   between two party states, the nurse must apply for licensure in the   new home state, and the multistate license issued by the prior home   state will be deactivated in accordance with applicable rules   adopted by the commission.                (1)  The nurse may apply for licensure in advance of a   change in primary state of residence.                (2)  A multistate license shall not be issued by the new   home state until the nurse provides satisfactory evidence of a   change in primary state of residence to the new home state and   satisfies all applicable requirements to obtain a multistate   license from the new home state.          (d)  If a nurse changes primary state of residence by moving   from a party state to a nonparty state, the multistate license   issued by the prior home state will convert to a single-state   license, valid only in the former home state.   ARTICLE V. ADDITIONAL AUTHORITIES INVESTED IN PARTY STATE   LICENSING BOARDS          (a)  In addition to the other powers conferred by state law,   a licensing board shall have the authority to:                (1)  take adverse action against a nurse's multistate   licensure privilege to practice within that party state.                      (i)  Only the home state shall have the power to   take adverse action against a nurse's license issued by the home   state.                      (ii)  For purposes of taking adverse action, the   home state licensing board 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, the home   state shall apply its own state laws to determine appropriate   action.                (2)  issue cease and desist orders or impose an   encumbrance on a nurse's authority to practice within that party   state.                (3)  complete any pending investigation of a nurse who   changes primary state of residence during the course of such   investigation. The licensing board shall also have the authority   to take appropriate action(s) 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.                (4)  issue subpoenas for both hearings and   investigations that require the attendance and testimony of a   witness, as well as the production of evidence. Subpoenas issued by   a licensing board in a party state for the attendance and testimony   of witnesses 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 procedures 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 in which the witnesses or evidence are located.                (5)  obtain and submit, for each nurse licensure   applicant, fingerprint or other biometric-based information to the   Federal Bureau of Investigation for criminal background checks,   receive the results of the Federal Bureau of Investigation record   search on criminal background checks, and use the results in making   licensure decisions.                (6)  if otherwise permitted by state law, recover from   the affected nurse the costs of investigations and disposition of   cases resulting from any adverse action taken against that nurse.                (7)  take adverse action based on the factual findings   of the remote state, provided that the licensing board follows its   own procedures for taking such adverse action.          (b)  If adverse action is taken by the home state against a   nurse's multistate license, the nurse's multistate licensure   privilege to practice in all other party states shall be   deactivated until all encumbrances have been removed from the   multistate license. All home state disciplinary orders that impose   adverse action against a nurse's multistate license shall include a   statement that the nurse's multistate licensure privilege is   deactivated in all party states during the pendency of the order.          (c)  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. The home state licensing board shall   deactivate the multistate licensure privilege under the multistate   license of any nurse for the duration of the nurse's participation   in an alternative program.   ARTICLE VI. COORDINATED LICENSURE INFORMATION SYSTEM AND EXCHANGE   OF INFORMATION          (a)  All party states shall participate in a coordinated   licensure information system of all licensed registered nurses   (RNs) and licensed practical/vocational nurses (LPNs/VNs). This   system will include information on the licensure and disciplinary   history of each nurse, as submitted by party states, to assist in   the coordination of nurse licensure and enforcement efforts.          (b)  The commission, 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.          (c)  All licensing boards shall promptly report to the   coordinated licensure information system any adverse action, any   current significant investigative information, denials of   applications (with the reasons for such denials), and nurse   participation in alternative programs known to the licensing board   regardless of whether such participation is deemed nonpublic or   confidential under state law.          (d)  Current significant investigative information and   participation in nonpublic or confidential alternative programs   shall be transmitted through the coordinated licensure information   system only to party state licensing boards.          (e)  Notwithstanding any other provision of law, all party   state 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.          (f)  Any personally identifiable information obtained from   the coordinated licensure information system by a party state   licensing board shall 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.          (g)  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.          (h)  The compact administrator of each party state shall   furnish a uniform data set to the compact administrator of each   other party state, which shall include, at a minimum:                (1)  identifying information;                (2)  licensure data;                (3)  information related to alternative program   participation; and                (4)  other information that may facilitate the   administration of this compact, as determined by commission rules.          (i)  The compact administrator of a party state shall provide   all investigative documents and information requested by another   party state.   ARTICLE VII. ESTABLISHMENT OF INTERSTATE COMMISSION OF NURSE   LICENSURE COMPACT ADMINISTRATORS          (a)  The party states hereby create and establish a joint   public entity known as the Interstate Commission of Nurse Licensure   Compact Administrators.                (1)  The commission is an instrumentality of the party   states.                (2)  Venue is proper and judicial proceedings by or   against the commission shall be brought solely and exclusively in a   court of competent jurisdiction where the principal office of the   commission is located. The commission may waive venue and   jurisdictional defenses to the extent it adopts or consents to   participate in alternative dispute resolution proceedings.                (3)  Nothing in this compact shall be construed to be a   waiver of sovereign immunity.          (b)  Membership, Voting, and Meetings                (1)  Each party state shall have and be limited to one   administrator. The head of the state licensing board or a designee   shall be the administrator of this compact for each party state.   Any administrator may be removed or suspended from office as   provided by the law of the state from which the administrator is   appointed. Any vacancy occurring in the commission shall be filled   in accordance with the laws of the party state in which the vacancy   exists.                (2)  Each administrator shall be entitled to one (1)   vote with regard to the promulgation of rules and the creation of   bylaws and shall otherwise have an opportunity to participate in   the business and affairs of the commission. An administrator shall   vote in person or by such other means as provided in the bylaws. The   bylaws may provide for an administrator's participation in meetings   by telephone or other means of communication.                (3)  The commission shall meet at least once during   each calendar year. Additional meetings shall be held as set forth   in the bylaws or rules of the commission.                (4)  All meetings shall be open to the public, and   public notice of meetings shall be given in the same manner as   required under the rulemaking provisions in Article VIII.                (5)  The commission may convene in a closed, nonpublic   meeting if the commission must discuss:                      (i)  noncompliance of a party state with its   obligations under this compact;                      (ii)  the employment, compensation, discipline,   or other personnel matters, practices, or procedures related to   specific employees or other matters related to the commission's   internal personnel practices and procedures;                      (iii)  current, threatened, or reasonably   anticipated litigation;                      (iv)  negotiation of contracts for the purchase or   sale of goods, services, or real estate;                      (v)  accusing any person of a crime or formally   censuring any person;                      (vi)  disclosure of trade secrets or commercial or   financial information that is privileged or confidential;                      (vii)  disclosure of information of a personal   nature where disclosure would constitute a clearly unwarranted   invasion of personal privacy;                      (viii)  disclosure of investigatory records   compiled for law enforcement purposes;                      (ix)  disclosure of information related to any   reports prepared by or on behalf of the commission for the purpose   of investigation of compliance with this compact; or                      (x)  matters specifically exempted from   disclosure by federal or state statute.                (6)  If a meeting or portion of a meeting is closed   pursuant to this provision, the commission's legal counsel or   designee shall certify that the meeting may be closed and shall   reference each relevant exempting provision. The commission shall   keep minutes that fully and clearly describe all matters discussed   in a meeting and shall provide a full and accurate summary of   actions taken, and the reasons therefor, including a description of   the views expressed. All documents considered in connection with   an action shall be identified in such minutes. All minutes and   documents of a closed meeting shall remain under seal, subject to   release by a majority vote of the commission or order of a court of   competent jurisdiction.          (c)  The commission shall, by a majority vote of the   administrators, prescribe bylaws or rules to govern its conduct as   may be necessary or appropriate to carry out the purposes and   exercise the powers of this compact, including but not limited to:                (1)  establishing the fiscal year of the commission;                (2)  providing reasonable standards and procedures:                      (i)  for the establishment and meeting of other   committees; and                      (ii)  governing any general or specific   delegation of any authority or function of the commission;                (3)  providing reasonable procedures for calling and   conducting meetings of the commission, ensuring reasonable advance   notice of all meetings, and providing an opportunity for attendance   of such meetings by interested parties, with enumerated exceptions   designed to protect the public's interest, the privacy of   individuals, and proprietary information, including trade secrets.   The commission may meet in closed session only after a majority of   the administrators vote to close a meeting in whole or in part. As   soon as practicable, the commission must make public a copy of the   vote to close the meeting revealing the vote of each administrator,   with no proxy votes allowed;                (4)  establishing the titles, duties and authority, and   reasonable procedures for the election of the officers of the   commission;                (5)  providing reasonable standards and procedures for   the establishment of the personnel policies and programs of the   commission. Notwithstanding any civil service or other similar   laws of any party state, the bylaws shall exclusively govern the   personnel policies and programs of the commission; and                (6)  providing a mechanism for winding up the   operations of the commission and the equitable disposition of any   surplus funds that may exist after the termination of this compact   after the payment or reserving of all of its debts and obligations.          (d)  The commission shall publish its bylaws and rules, and   any amendments thereto, in a convenient form on the website of the   commission.          (e)  The commission shall maintain its financial records in   accordance with the bylaws.          (f)  The commission shall meet and take such actions as are   consistent with the provisions of this compact and the bylaws.          (g)  The commission shall have the following powers:                (1)  to promulgate uniform rules to facilitate and   coordinate implementation and administration of this compact. The   rules shall have the force and effect of law and shall be binding in   all party states;                (2)  to bring and prosecute legal proceedings or   actions in the name of the commission, provided that the standing of   any licensing board to sue or be sued under applicable law shall not   be affected;                (3)  to purchase and maintain insurance and bonds;                (4)  to borrow, accept, or contract for services of   personnel, including, but not limited to, employees of a party   state or nonprofit organizations;                (5)  to cooperate with other organizations that   administer state compacts related to the regulation of nursing,   including, but not limited to, sharing administrative or staff   expenses, office space, or other resources;                (6)  to hire employees, elect or appoint officers, fix   compensation, define duties, grant such individuals appropriate   authority to carry out the purposes of this compact, and to   establish the commission's personnel policies and programs   relating to conflicts of interest, qualifications of personnel, and   other related personnel matters;                (7)  to accept any and all appropriate donations,   grants, and gifts of money, equipment, supplies, materials, and   services, and to receive, utilize, and dispose of the same;   provided that at all times the commission shall avoid any   appearance of impropriety or conflict of interest;                (8)  to lease, purchase, accept appropriate gifts or   donations of, or otherwise to own, hold, improve, or use, any   property, whether real, personal, or mixed; provided that at all   times the commission shall avoid any appearance of impropriety;                (9)  to sell, convey, mortgage, pledge, lease,   exchange, abandon, or otherwise dispose of any property, whether   real, personal, or mixed;                (10)  to establish a budget and make expenditures;                (11)  to borrow money;                (12)  to appoint committees, including advisory   committees comprised of administrators, state nursing regulators,   state legislators or their representatives, consumer   representatives, and other such interested persons;                (13)  to provide and receive information from, and to   cooperate with, law enforcement agencies;                (14)  to adopt and use an official seal; and                (15)  to perform such other functions as may be   necessary or appropriate to achieve the purposes of this compact   consistent with the state regulation of nurse licensure and   practice.          (h)  Financing of the Commission                (1)  The commission shall pay, or provide for the   payment of, the reasonable expenses of its establishment,   organization, and ongoing activities.                (2)  The commission may also levy on and collect an   annual assessment from each party state to cover the cost of its   operations, activities, and staff in its annual budget as approved   each year. The aggregate annual assessment amount, if any, shall be   allocated based upon a formula to be determined by the commission,   which shall promulgate a rule that is binding upon all party states.                (3)  The commission shall not incur an obligation of   any kind prior to securing the funds adequate to meet the same; nor   shall the commission pledge the credit of any of the party states,   except by and with the authority of such party state.                (4)  The commission shall keep accurate accounts of all   receipts and disbursements. The receipts and disbursements of the   commission shall be subject to the audit and accounting procedures   established under its bylaws. However, all receipts and   disbursements of funds handled by the commission shall be audited   yearly by a certified or licensed public accountant, and the report   of the audit shall be included in and become part of the annual   report of the commission.          (i)  Qualified Immunity, Defense, and Indemnification                (1)  The compact administrators, officers, executive   directors, employees, and representatives of the commission shall   be immune from suit and liability, either personally or in their   official capacity, for any claim for damage to or loss of property,   or personal injury or other civil liability caused by or arising out   of any actual or alleged act, error, or omission that occurred, or   that the person against whom the claim is made had a reasonable   basis for believing occurred, within the scope of commission   employment, duties, or responsibilities; provided that nothing in   this subdivision shall be construed to protect any such person from   suit or liability for any damages, loss, injury, or liability   caused by the intentional, wilful, or wanton misconduct of that   person.                (2)  The commission shall defend any administrator,   officer, executive director, employee, or representative of the   commission in any civil action seeking to impose liability arising   out of any actual or alleged act, error, or omission that occurred   within the scope of commission employment, duties, or   responsibilities, or that the person against whom the claim is made   had a reasonable basis for believing occurred within the scope of   commission employment, duties, or responsibilities; provided that   nothing herein shall be construed to prohibit that person from   retaining his or her own counsel; and provided further that the   actual or alleged act, error, or omission did not result from that   person's intentional, wilful, or wanton misconduct.                (3)  The commission shall indemnify and hold harmless   any administrator, officer, executive director, employee, or   representative of the commission for the amount of any settlement   or judgment obtained against that person arising out of any actual   or alleged act, error, or omission that occurred within the scope of   commission employment, duties, or responsibilities, or that such   person had a reasonable basis for believing occurred within the   scope of commission employment, duties, or responsibilities;   provided that the actual or alleged act, error, or omission did not   result from the intentional, wilful, or wanton misconduct of that   person.   ARTICLE VIII. RULEMAKING          (a)  The commission shall exercise its rulemaking powers   pursuant to the criteria set forth in this article and the rules   adopted thereunder. Rules and amendments shall become binding as   of the date specified in each rule or amendment and shall have the   same force and effect as provisions of this compact.          (b)  Rules or amendments to the rules shall be adopted at a   regular or special meeting of the commission.          (c)  Prior to promulgation and adoption of a final rule or   rules by the commission, and at least sixty (60) days in advance of   the meeting at which the rule will be considered and voted upon, the   commission shall file a notice of proposed rulemaking:                (1)  on the website of the commission; and                (2)  on the website of each licensing board or the   publication in which each state would otherwise publish proposed   rules.          (d)  The notice of proposed rulemaking shall include:                (1)  the proposed time, date, and location of the   meeting in which the rule will be considered and voted upon;                (2)  the text of the proposed rule or amendment, and the   reason for the proposed rule;                (3)  a request for comments on the proposed rule from   any interested person; and                (4)  the manner in which interested persons may submit   notice to the commission of their intention to attend the public   hearing and any written comments.          (e)  Prior to adoption of a proposed rule, the commission   shall allow persons to submit written data, facts, opinions, and   arguments, which shall be made available to the public.          (f)  The commission shall grant an opportunity for a public   hearing before it adopts a rule or amendment.          (g)  The commission shall publish the place, time, and date   of the scheduled public hearing.                (1)  Hearings shall be conducted in a manner providing   each person who wishes to comment a fair and reasonable opportunity   to comment orally or in writing. All hearings will be recorded, and   a copy will be made available upon request.                (2)  Nothing in this section shall be construed as   requiring a separate hearing on each rule. Rules may be grouped for   the convenience of the commission at hearings required by this   section.          (h)  If no one appears at the public hearing, the commission   may proceed with promulgation of the proposed rule.          (i)  Following the scheduled hearing date, or by the close of   business on the scheduled hearing date if the hearing was not held,   the commission shall consider all written and oral comments   received.          (j)  The commission shall, by majority vote of all   administrators, take final action on the proposed rule and shall   determine the effective date of the rule, if any, based on the   rulemaking record and the full text of the rule.          (k)  Upon determination that an emergency exists, the   commission may consider and adopt an emergency rule without prior   notice, opportunity for comment, or hearing; provided that the   usual rulemaking procedures provided in this compact and in this   section shall be retroactively applied to the rule as soon as   reasonably possible, and in no event later than ninety (90) days   after the effective date of the rule. For the purposes of this   provision, an emergency rule is one that must be adopted   immediately in order to:                (1)  meet an imminent threat to public health, safety,   or welfare;                (2)  prevent a loss of commission or party state funds;   or                (3)  meet a deadline for the promulgation of an   administrative rule that is required by federal law or rule.          (l)  The commission may direct revisions to a previously   adopted rule or amendment for purposes of correcting typographical   errors, errors in format, errors in consistency, or grammatical   errors. Public notice of any revisions shall be posted on the   website of the commission. The revision shall be subject to   challenge by any person for a period of thirty (30) days after   posting. The revision may be challenged only on grounds that the   revision results in a material change to a rule. A challenge shall   be made in writing, and delivered to the commission, prior to the   end of the notice period. If no challenge is made, the revision   will take effect without further action. If the revision is   challenged, the revision may not take effect without the approval   of the commission.   ARTICLE IX. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT          (a)  Oversight                (1)  Each party state shall enforce this compact and   take all actions necessary and appropriate to effectuate this   compact's purposes and intent.                (2)  The commission shall be entitled to receive   service of process in any proceeding that may affect the powers,   responsibilities, or actions of the commission, and shall have   standing to intervene in such a proceeding for all purposes.   Failure to provide service of process in such proceeding to the   commission shall render a judgment or order void as to the   commission, this compact, or promulgated rules.          (b)  Default, Technical Assistance, and Termination                (1)  If the commission determines that a party state   has defaulted in the performance of its obligations or   responsibilities under this compact or the promulgated rules, the   commission shall:                      (i)  provide written notice to the defaulting   state and other party states of the nature of the default, the   proposed means of curing the default, or any other action to be   taken by the commission; and                      (ii)  provide remedial training and specific   technical assistance regarding the default.                (2)  If a state in default fails to cure the default,   the defaulting state's membership in this compact may be terminated   upon an affirmative vote of a majority of the administrators, and   all rights, privileges, and benefits conferred by this compact may   be terminated on the effective date of termination. A cure of the   default does not relieve the offending state of obligations or   liabilities incurred during the period of default.                (3)  Termination of membership in this compact shall be   imposed only after all other means of securing compliance have been   exhausted. Notice of intent to suspend or terminate shall be given   by the commission to the governor of the defaulting state and to the   executive officer of the defaulting state's licensing board and   each of the party states.                (4)  A state whose membership in this compact has been   terminated is responsible for all assessments, obligations, and   liabilities incurred through the effective date of the termination,   including obligations that extend beyond the effective date of   termination.                (5)  The commission shall not bear any costs related to   a state that is found to be in default or whose membership in this   compact has been terminated unless agreed upon in writing between   the commission and the defaulting state.                (6)  The defaulting state may appeal the action of the   commission by petitioning the U.S. District Court for the District   of Columbia or the federal district in which the commission has its   principal offices. The prevailing party shall be awarded all costs   of such litigation, including reasonable attorneys' fees.          (c)  Dispute Resolution                (1)  Upon request by a party state, the commission   shall attempt to resolve disputes related to the compact that arise   among party states and between party and nonparty states.                (2)  The commission shall promulgate a rule providing   for both mediation and binding dispute resolution for disputes, as   appropriate.                (3)  In the event the commission cannot resolve   disputes among party states arising under this compact:                      (i)  the party states may submit the issues in   dispute to an arbitration panel, which will be comprised of   individuals appointed by the compact administrator in each of the   affected party states and an individual mutually agreed upon by the   compact administrators of all the party states involved in the   dispute; and                      (ii)  the decision of a majority of the   arbitrators shall be final and binding.          (d)  Enforcement                (1)  The commission, in the reasonable exercise of its   discretion, shall enforce the provisions and rules of this compact.                (2)  By majority vote, the commission may initiate   legal action in the U.S. District Court for the District of Columbia   or in the federal district in which the commission has its principal   offices against a party state that is in default to enforce   compliance with the provisions of this compact and its promulgated   rules and bylaws. The relief sought may include both injunctive   relief and damages. In the event judicial enforcement is   necessary, the prevailing party shall be awarded all costs of such   litigation, including reasonable attorneys' fees.                (3)  The remedies herein shall not be the exclusive   remedies of the commission. The commission may pursue any other   remedies available under federal or state law.   ARTICLE X. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENTS          (a)  This compact shall become effective and binding on the   earlier of the date of legislative enactment of this compact into   law by no less than twenty-six (26) states or December 31, 2018. All   party states to this compact that also were parties to the prior   Nurse Licensure Compact, superseded by this compact ("prior   compact"), shall be deemed to have withdrawn from said prior   compact within six (6) months after the effective date of this   compact.          (b)  Each party state to this compact shall continue to   recognize a nurse's multistate licensure privilege to practice in   that party state issued under the prior compact until the party   state has withdrawn from the prior compact.          (c)  Any party state may withdraw from this compact by   enacting a statute repealing the same. A party state's withdrawal   shall not take effect until six (6) months after enactment of the   repealing statute.          (d)  A party state's withdrawal or termination shall not   affect the continuing requirement of the withdrawing or terminated   state's licensing board to report adverse actions and significant   investigations occurring prior to the effective date of such   withdrawal or termination.          (e)  Nothing contained in this compact shall be construed to   invalidate or prevent any nurse licensure 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.          (f)  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.          (g)  Representatives of nonparty states to this compact   shall be invited to participate in the activities of the   commission, on a nonvoting basis, prior to the adoption of this   compact by all states.   ARTICLE XI. CONSTRUCTION AND SEVERABILITY          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 the United States, or if 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 to be   contrary to the constitution of any party state, this 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.          SECTION 13.  Chapter 304, Occupations Code, is amended by   adding Section 304.0025 to read as follows:          Sec. 304.0025.  RULES ADOPTED UNDER COMPACT. The Interstate   Commission of Nurse Licensure Compact Administrators established   under the Nurse Licensure Compact under Section 304.0015 may not   adopt rules that alter the requirements or scope of practice of a   license issued under Chapter 301. Any rule adopted by the   Interstate Commission of Nurse Licensure Compact Administrators   that purports to alter the requirements or scope of practice of a   license issued under Chapter 301 is not enforceable.          SECTION 14.  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 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 VI [7] of the Nurse Licensure Compact.          SECTION 15.  Section 304.008(a), Occupations Code, is   amended to read as follows:          (a)  In reporting information to the coordinated licensure   information system under Article VI [7] of the Nurse Licensure   Compact, the Texas Board of Nursing may disclose personally   identifiable information about the nurse, including the nurse's   social security number.          SECTION 16.  (a) Sections 301.160 and 301.163, Occupations   Code, are repealed.          (b)  Effective December 31, 2018, Sections 304.001 and   304.009, Occupations Code, are repealed.          SECTION 17.  (a) Except as provided by Subsection (b) of   this section, Section 301.059, Occupations Code, as amended by this   Act, applies to a member of the Texas Board of Nursing appointed   before, on, or after the effective date of this Act.          (b)  A member of the Texas Board of Nursing who, before the   effective date of this Act, completed the training program required   by Section 301.059, Occupations Code, as that law existed before   the effective date of this Act, is required to complete additional   training only on subjects added to the training program required by   Section 301.059, Occupations Code, as amended by this Act. A board   member described by this subsection may not vote, deliberate, or be   counted as a member in attendance at a meeting of the board held on   or after December 1, 2017, until the member completes the   additional training.          SECTION 18.  (a) Not later than May 31, 2018, the Texas   Board of Nursing shall adopt the rules necessary to implement the   changes in law made by this Act to Section 301.157, Occupations   Code. In adopting rules under this subsection, the board shall   provide an opportunity for public comment and, through the board's   Advisory Committee on Education, seek comment from interested   parties. The rules must:                (1)  clearly define substantially equivalent education   standards for purposes of recognizing a school of nursing or   educational program operated in another state; and                (2)  establish a process for enabling students enrolled   in an out-of-state school of nursing or educational program that   does not meet standards substantially equivalent to the board's   standards to apply for initial licensure under Chapter 301,   Occupations Code.          (b)  Not later than March 1, 2018, the Texas Board of Nursing   shall adopt the rules necessary to implement the changes in law made   by this Act to Sections 301.252 and 301.452, Occupations Code. In   adopting rules under this subsection, the board shall seek comments   from relevant interested parties.          (c)  Section 301.157(d-11), Occupations Code, as amended by   this Act, applies beginning with the passage rates available in   January 2018, reflecting the passage rates for the preceding year.     If the passage rate for a clinical competency assessment program   available in January 2018 does not meet the Texas Board of Nursing's   required passage rate for students of approved in-state programs,   the clinical competency assessment program shall complete the   self-study required under Section 301.157(d-11)(1), Occupations   Code, as amended by this Act, not later than May 31, 2018.          (d)  Sections 301.301(b) and 301.461, Occupations Code, as   amended by this Act, apply only to the assessment of the   administrative costs of conducting a hearing to determine a   violation on or after the effective date of this Act. The   assessment of the administrative costs of conducting a hearing to   determine a violation before the effective date of this Act is   governed by the law in effect on the date the administrative costs   were assessed, and the former law is continued in effect for that   purpose.          (e)  Section 301.459, Occupations Code, as amended by this   Act, applies only to a contested case for which an administrative   law judge employed by the State Office of Administrative Hearings   issues written findings of fact and conclusions of law on or after   the effective date of this Act. A contested case for which an   administrative law judge employed by the State Office of   Administrative Hearings issues written findings of fact and   conclusions of law before the effective date of this Act is governed   by the law in effect on the date the findings of fact and   conclusions of law were issued, and the former law is continued in   effect for that purpose.          SECTION 19.  Except as otherwise provided by this Act, this   Act takes effect September 1, 2017.     * * * * *