The 86th Texas Legislature passed numerous bills that affect licensure regulation in Texas. Specifically, the Legislature passed bills the amend the Texas Nursing Practice Act.
Nursing Peer Review Determination
House Bill 2410 relates to a request for a nursing peer review determination under the Texas Nursing Practice Act, Texas Occupations Chapter 301. As of September 1, 2019, a nurse is authorized to request a nursing peer review committee determination by orally notifying the nurse's supervisor of the request in instances when a nurse is unable to complete a Safe Harbor Request Form due to immediate patient care needs.
Under the previous legislation, nurses were allowed to seek protection under peer review regulations if the nurse believed that s/he was being required to take or refrain from taking certain patient care actions that the nurse believed violated the nursing standard of care. However, to receive this protection, the law required nurses to fill out specific forms. HB 2410 arose due to concern that nurses may not be in a position to fill out the necessary forms due to immediate patient care needs.
Under the amended rule, nurses may avail themselves of the protections of the nursing peer review determination request by:
- Filling out a form approved by the Texas Board of Nursing, or
- Filling out another form that meets standards developed by the board, or
- If the nurse is unable to complete a form due to patients' immediate care needs, by orally notifying the nurse's supervisor of the request.
Tex. Occ. Code §303.005(b-1). After receiving such notification, a nurse's supervisor is required to record in writing:
- The name of the nurse making the request;
- The date and time of the request;
- The location where the conduct or assignment that is the subject of the request occurred;
- The name of the person who requested the nurse engage in the conduct or make the assignment that is the subject of the request;
- The name of the supervisor recording the request;
- A brief explanation of why the nurse is requesting a nursing peer review committee determination; and
- A description of the collaboration between the nurse and the supervisor.
Tex. Occ. Code §303.005(b-1)(1)–(7). The written record prepared under Subsection (b-1) must be signed and attested to by the requesting nurse and the nurse's supervisor who prepared the written record for it to be a valid request for a nursing peer review committee determination. Tex. Occ. Code §303.005(b-2).
Human Trafficking Prevention Training
House Bill 2059 requires a nurse who provides direct patient care to complete a human trafficking prevention course approved by the Health and Human Services Commission (HHSC). Although HB 2059 took effect on September 1, 2019, it will not be effective against Texas nurses seeking license renewal until after September 1, 2020. HB 2059 Sec. 6.
The BON is reviewing possible changes to the Board of Nursing Rules and Regulation related to Continuing Competency necessary to implement the new requirements added by HB 2059. Either before or by September 1, 2020, Texas nurses will be required to take human trafficking prevention training.
Nurse License Defense
If you are a Texas nurse facing a complaint filed against you by a patient, you need to take immediate steps to protect your nursing license and career. The experienced Nurse License Defense attorneys of BERTOLINO LLP can help.
We know how to navigate BON's complaint process. Our attorneys will fight aggressively on behalf of your license and reputation. We are prepared to represent you at any legal hearing or proceeding regarding your professional license. Our results speak for themselves.
If you are facing disciplinary action from the Texas Board of Nursing contact us today or call (512) 717-5432 and schedule a case evaluation.
BERTOLINO LLP proudly represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.
Follow BERTOLINO LLP on Facebook!
View free videos & subscribe to our YouTube channel!
Get a copy of Tony R. Bertolino's #1 Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.