reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter D. Certification, Registration, and Renewal Requirements › Section 266.153. Application for Registration; Term

Sec. 266.153.  APPLICATION FOR REGISTRATION; TERM.  (a)  An owner or manager of a dental laboratory shall:
(1)  apply to the board for the registration of each dental laboratory doing business in this state to which the owner or manager is connected or in which the owner or manager has an interest; and
(2)  pay the application fee set by the board.
(b)  The application must include:
(1)  evidence satisfactory to the board that the dental laboratory meets the requirements prescribed by Section 266.152(a), if applicable;  and
(2)  any other information required by the board.
(c)  The board may issue a certificate of registration only to a dental laboratory that complies with the requirements of this section.
(d)  A dental laboratory registration issued under this chapter is valid for a term of one or two years, as determined by board rule.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 4, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 45, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 46, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter D. Certification, Registration, and Renewal Requirements › Section 266.154. Registration Renewal

Sec. 266.154.  REGISTRATION RENEWAL.  (a)  An applicant for renewal of a dental laboratory registration must provide evidence satisfactory to the board that at least one employee who works on the dental laboratory's premises:
(1)  has completed the minimum number of hours of continuing education during the previous registration period as required by board rule; or
(2)  is certified as required by Section 266.152(a), if applicable.
(b)  An owner or manager of a dental laboratory may renew an unexpired registration certificate for a dental laboratory if the owner or manager:
(1)  pays the required renewal fee to the board on or before the expiration date;  and
(2)  complies with any other renewal requirements.
(c)  If the owner or manager of a dental laboratory fails to renew the dental laboratory's registration and pay the renewal fee before the date the registration expires, the board shall suspend the registration certificate of the laboratory.
(d)  An owner or manager of a dental laboratory whose registration certificate has been expired for 90 days or less may renew the registration certificate if the person pays to the board the required renewal fee and a fee equal to one-half of the amount of the renewal fee.  If the registration certificate has been expired for more than 90 days but less than one year, the owner or manager may renew the certificate by paying to the board all unpaid renewal fees and a fee equal to the amount of the initial registration fee.
(e)  An owner or manager of a dental laboratory may not renew a registration certificate that has been expired for one year or more.  The owner or manager may obtain a new certificate by complying with the requirements for obtaining an original certificate.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.094(b), eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 295 (S.B. 313), Sec. 47, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter D. Certification, Registration, and Renewal Requirements › Section 266.155. Initial Registration Certificate Fee

Sec. 266.155.  INITIAL REGISTRATION CERTIFICATE FEE.  An initial registration certificate issued under this subchapter expires on the 30th day after the date the registration certificate is issued if the holder of the registration certificate fails to pay the required registration certificate fee on or before that date.
Added by Acts 2009, 81st Leg., R.S., Ch. 772 (S.B. 887), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter E. Practice by Registration Holder › Section 266.201. Prescription Required

Sec. 266.201.  PRESCRIPTION REQUIRED.  (a)  A dentist who orders a dental laboratory service shall prepare and deliver to the dental laboratory a prescription or work order for the service to be performed.
(b)  The prescription or work order must contain:
(1)  the signature and Texas dental license number of the dentist;
(2)  the date the prescription or work order is signed;
(3)  the patient's name;  and
(4)  a description of the dental laboratory service ordered.
(c)  A dentist shall keep a copy of each prescription or work order at the dentist's office in a separate file for two years for inspection by the board's officers, agents, or employees.
(d)  A dentist shall label as provided by board rule a removable dental prosthesis fabricated in this state by the dentist or by a person under a prescription or work order prepared by the dentist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 1240, Sec. 5, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter E. Practice by Registration Holder › Section 266.202. Reliance on Prescription

Sec. 266.202.  RELIANCE ON PRESCRIPTION.  (a)  The owner, manager, or employee of a dental laboratory or a dental technician may not perform or aid or abet another person in performing a dental laboratory service unless:
(1)  the service was ordered by and any resulting item will be delivered to:
(A)  a dentist engaged in the practice of dentistry in this state or in a jurisdiction in which the dentist maintains a dental office and engages in the practice of dentistry;  or
(B)  an employee of the dentist, if the service is performed for and on behalf of the dentist;  and
(2)  the dental laboratory receives a prescription or work order for the service in accordance with Section 266.201.
(b)  If a dental laboratory receives a prescription or work order for dental laboratory services and refers the work to another laboratory, the referral must be accompanied by a written statement that the prescription or work order is on file with the original laboratory.
(c)  A dental laboratory owner or manager shall maintain on the premises of a dental laboratory as a part of the laboratory's records a record of each prescription or work order completed at the dental laboratory until the second anniversary of the date the prescription or work order is furnished.  The owner or manager shall also maintain the record in an alphabetized file in a separate place.
(d)  The premises of a dental laboratory, the records of a dental laboratory or a dental technician employed by the dental laboratory pertaining to dental prescriptions or work orders, and records relating to the referral of work to a dental technician or the owner or manager of a dental laboratory shall be open and available for inspection by a member, officer, employee, investigator, or agent of the board during regular office hours.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter E. Practice by Registration Holder › Section 266.203. Transportation of Dental Material Permitted

Sec. 266.203.  TRANSPORTATION OF DENTAL MATERIAL PERMITTED.  This chapter does not prohibit a person who is subject to and complies with this chapter from using the United States mail, a railway express agency, Western Union, or a messenger or common or contract carrier to handle, accept from, or transport or deliver to a dentist or dental laboratory an item in any form or state of completion on which a dental laboratory service will be or has been offered or ordered to be performed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter F. Disciplinary Actions › Section 266.251. Grounds for Disciplinary Action

Sec. 266.251.  GROUNDS FOR DISCIPLINARY ACTION.  (a)  The board may refuse to issue a registration certificate, may impose a fine on a person who holds a registration certificate, may suspend or revoke a person's registration certificate, or may probate any portion of the suspension if, after a hearing, the board determines that the applicant or certificate holder has:
(1)  violated or aided another person in violating a law regulating the practice of dentistry;  or
(2)  required or allowed a person under the direction or control of the person to violate a law regulating the practice of dentistry.
(b)  In this section, an applicant for or holder of a registration certificate includes a person who has at least a 20 percent ownership interest in or is the general partner or managing partner in a dental laboratory that is registered under this chapter or for which an application for registration has been filed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter F. Disciplinary Actions › Section 266.252. Procedures for Disciplinary Action

Sec. 266.252.  PROCEDURES FOR DISCIPLINARY ACTION.  The board shall follow the procedures under Chapter 263 in a complaint or disciplinary action under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter G. Prohibited Practices, Enforcement, and Penalties › Section 266.301. Dental Prosthetic Appliance

Sec. 266.301.  DENTAL PROSTHETIC APPLIANCE.  (a)  In this section, "person" means an individual or a private legal entity, including a corporation, association, or partnership.
(b)  A person may not fill a prescription to prepare or repair a dental prosthetic appliance that is to be delivered to a dental patient by a licensed dentist unless the person is a dental laboratory or dental technician.
(c)  A dental laboratory that prepares or repairs a dental prosthetic appliance for a dentist shall provide to the dentist in writing at the time of the delivery the dental laboratory's assigned registration number and the expiration date of the dental laboratory's registration certificate.
(d)  A dentist may not knowingly prescribe, order, or receive a dental prosthetic appliance that is to be prepared or has been prepared by an unregistered dental laboratory.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter G. Prohibited Practices, Enforcement, and Penalties › Section 266.302. Injunction

Sec. 266.302.  INJUNCTION.  The board may apply for a restraining order or injunction to enforce this chapter or a board rule adopted under this chapter.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 266 - Regulation of Dental Laboratories › Subchapter G. Prohibited Practices, Enforcement, and Penalties › Section 266.303. Criminal Penalties

Sec. 266.303.  CRIMINAL PENALTIES.  (a)  A person commits an offense if the person:
(1)  is a dentist and provides a dental laboratory service without being exempt under Section 266.002(2);  or
(2)  violates Section 266.151 or 266.301.
(b)  An offense for a violation of Section 266.151 or Section 266.301(b) is a felony of the third degree.
(c)  An offense for a violation of Section 266.301(c) is a Class C misdemeanor.  If it is shown on the trial of an offense under this section that the defendant has previously been convicted for an offense for a violation of Section 266.301(c), the offense is a Class A misdemeanor.
(d)  An offense for a violation of Section 266.301(d) is a Class B misdemeanor.  If it is shown on the trial of an offense under this section that the defendant has previously been convicted of an offense for a violation of Section 266.301(d), the offense is a Class A misdemeanor.
(e)  Each day of a violation is a separate offense.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 772 (S.B. 887), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 267 - Licensing of Faculty Members of Dental or Dental Hygiene Schools › Section 267.001. License Required

Sec. 267.001.  LICENSE REQUIRED.  (a)  A person may not serve as a faculty member of a dental school unless the person holds a dental school faculty member license issued under this chapter.
(b)  A person may not serve as a faculty member of a dental hygiene school unless the person holds a dental school faculty member license or dental hygiene school faculty member license issued under this chapter.
(c)  This section does not apply to a person who does not have direct patient contact.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. March 1, 2004.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 267 - Licensing of Faculty Members of Dental or Dental Hygiene Schools › Section 267.002. Exemptions

Sec. 267.002.  EXEMPTIONS.  (a)  A person is exempt from the requirements of Section 267.001(a) if the person is licensed to practice dentistry in this state.
(b)  A person is exempt from the requirements of Section 267.001(b) if the person is licensed to practice dentistry or dental hygiene in this state.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 267 - Licensing of Faculty Members of Dental or Dental Hygiene Schools › Section 267.003. Qualifications for License

Sec. 267.003.  QUALIFICATIONS FOR LICENSE.  (a)  To qualify for a dental school faculty member license, a person must:
(1)  file an application with the board that presents proof that the applicant holds:
(A)  a degree from a dental school;  and
(B)  a full-time or part-time salaried faculty position at a dental school accredited by the Commission on Dental Accreditation of the American Dental Association;
(2)  submit an endorsement of the application from the dean, department chair, or program director of the school described by Subdivision (1)(B);
(3)  pay the application fee set by the board;  and
(4)  pass an examination covering jurisprudence administered by the board or by a testing service under an agreement with the board.
(b)  To qualify for a dental hygiene school faculty member license, a person must:
(1)  file an application with the board that presents proof that the applicant holds:
(A)  a degree from a dental hygiene school;  and
(B)  a full-time or part-time salaried faculty position at a dental hygiene school accredited by the Commission on Dental Accreditation of the American Dental Association;
(2)  submit an endorsement of the application from the dean, department chair, or program director of the school described by Subdivision (1)(B);
(3)  pay the application fee set by the board;  and
(4)  pass an examination covering jurisprudence administered by the board.
(c)  An applicant for a license under this chapter must:
(1)  file an application for the license not later than the 30th day after the date the person begins employment with the dental or dental hygiene school;  and
(2)  pass the examination not later than the sixth month after the date the person begins employment with the school.
(d)  The board shall set the application fee in an amount sufficient to cover the cost of administering this chapter.
(e)  Notwithstanding Section 267.001, an applicant may have direct patient contact before the applicant passes the examination.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 267 - Licensing of Faculty Members of Dental or Dental Hygiene Schools › Section 267.004. License Renewal

Sec. 267.004.  LICENSE RENEWAL.  A license issued under this chapter must be renewed annually.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 267 - Licensing of Faculty Members of Dental or Dental Hygiene Schools › Section 267.005. License Expiration

Sec. 267.005.  LICENSE EXPIRATION.  (a)  A license issued under this chapter expires on the termination of the license holder's employment with the dental or dental hygiene school.
(b)  A license holder whose employment with a dental or dental hygiene school terminates and who is subsequently employed by the same or a different dental or dental hygiene school must comply with the requirements for obtaining an original license, except that the person is not required to retake the examination.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle D - Dentistry › Chapter 267 - Licensing of Faculty Members of Dental or Dental Hygiene Schools › Section 267.006. Practice of Dentistry or Dental Hygiene Prohibited

Sec. 267.006.  PRACTICE OF DENTISTRY OR DENTAL HYGIENE PROHIBITED.  A license issued under this chapter does not authorize the license holder to engage in the practice of dentistry or dental hygiene.
Added by Acts 2003, 78th Leg., ch. 17, Sec. 26, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter A. General Provisions › Section 301.001. Short Title

Sec. 301.001.  SHORT TITLE.  This chapter may be cited as the Nursing Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter A. General Provisions › Section 301.003. Application of Sunset Act

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, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.003, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 2, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 4, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.05, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter A. General Provisions › Section 301.004. Application of Chapter

Sec. 301.004.  APPLICATION OF CHAPTER.  (a)  This chapter does not apply to:
(1)  gratuitous nursing care of the sick that is provided by a friend;
(2)  nursing care provided during a disaster under the state emergency management plan adopted under Section 418.042, Government Code, if the person providing the care does not hold the person out as a nurse unless the person is licensed in another state;
(3)  nursing care in which treatment is solely by prayer or spiritual means;
(4)  an act performed by a person under the delegated authority of a person licensed by the Texas Medical Board;
(5)  an act performed by a person licensed by another state agency if the act is authorized by the statute under which the person is licensed except that if the person also holds a license under this chapter and the act is within the practice of nursing, the board may take action against that license based on that act;
(6)  the practice of nursing that is incidental to a program of study by a student enrolled in a nursing education program approved under Section 301.157(d) leading to an initial license as a nurse; or
(7)  the practice of nursing by a person licensed in another state who is in this state on a nonroutine basis for a period not to exceed 72 hours to:
(A)  provide care to a patient being transported into, out of, or through this state;
(B)  provide nursing consulting services; or
(C)  attend or present a continuing nursing education program.
(b)  This chapter does not authorize the practice of medicine as defined by Chapter 151.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.004, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 3, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter A. General Provisions › Section 301.005. Reference in Other Law

Sec. 301.005.  REFERENCE IN OTHER LAW.  (a)  A reference in any other law to the former Board of Nurse Examiners means the Texas Board of Nursing.
(b)  A reference in any other law to an "advanced nurse practitioner" or "advanced practice nurse" means an advanced practice registered nurse.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 4, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 16, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter A. General Provisions › Section 301.006. Claim or Defense for Prohibited Rule or Policy

Sec. 301.006.  CLAIM OR DEFENSE FOR PROHIBITED RULE OR POLICY.  (a)  The board may not adopt a rule, regulation, or policy that violates Chapter 110, Civil Practice and Remedies Code.
(b)  A person may assert a violation of Subsection (a) as an affirmative defense in an administrative hearing or as a claim or defense in a judicial proceeding under Chapter 37, Civil Practice and Remedies Code.
Added by Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.051. Board Membership

Sec. 301.051.  BOARD MEMBERSHIP.  (a)  The Texas Board of Nursing consists of 15 members appointed by the governor with the advice and consent of the senate as follows:
(1)  seven nurse members, including:
(A)  two advanced practice registered nurses;
(B)  two registered nurses who are not advanced practice registered nurses or members of a nurse faculty; and
(C)  three vocational nurses who are not members of a nurse faculty;
(2)  three members who are nurse faculty members of schools of nursing:
(A)  one of whom is a nurse faculty member of a school of nursing offering a baccalaureate degree program in preparing registered nurses;
(B)  one of whom is a nurse faculty member of a school of nursing offering an associate degree program in preparing registered nurses; and
(C)  one of whom is a nurse faculty member of a school of nursing at an institution of higher education preparing vocational nurses; and
(3)  five members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.006, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 6, eff. September 1, 2007.
Acts 2023, 88th Leg., R.S., Ch. 158 (S.B. 1343), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.052. Member Eligibility

Sec. 301.052.  MEMBER ELIGIBILITY.  (a)  A person is not eligible for appointment as a registered nurse or vocational nurse member of the board unless the person has practiced nursing in the role for which the member was appointed for at least three of the five years preceding the date of appointment.
(b)  A person is not eligible for appointment as a public member of the board if the person or the person's spouse:
(1)  is registered, certified, or licensed by an occupational regulatory agency in the field of health care;
(2)  is employed by or participates in the management of a business entity or other organization that:
(A)  provides health care services;
(B)  sells, manufactures, or distributes health care supplies or equipment; or
(C)  is regulated by or receives money from the board;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization that:
(A)  provides health care services;
(B)  sells, manufactures, or distributes health care supplies or equipment; or
(C)  is regulated by or receives money from the board; or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.007, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 7, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.053. Membership and Employee Restrictions

Sec. 301.053.  MEMBERSHIP AND EMPLOYEE RESTRICTIONS.  (a)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for the purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care.
(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the board's operation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 8, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.054. Terms

Sec. 301.054.  TERMS.  Members of the board serve staggered six-year terms, with the terms of as near to one-third of the members as possible expiring on January 31 of each odd-numbered year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.008, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.055. Grounds for Removal

Sec. 301.055.  GROUNDS FOR REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 301.051(a);
(2)  does not maintain during service on the board the qualifications required by Section 301.051(a);
(3)  is ineligible for membership under Section 301.053;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that the action is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.056. Per Diem; Reimbursement

Sec. 301.056.  PER DIEM;  REIMBURSEMENT.  (a)  Each board member is entitled to receive a per diem as set by the General Appropriations Act for each day the member engages in the business of the board.
(b)  A board member is entitled to reimbursement for travel expenses incurred while conducting board business, including expenses for transportation, meals, and lodging, as provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.057. Officers

Sec. 301.057.  OFFICERS.  (a)  The governor shall designate a member of the board as presiding officer to serve in that capacity at the pleasure of the governor.
(b)  The board shall elect other officers from its members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.058. Meetings

Sec. 301.058.  MEETINGS.  The presiding officer shall call a special board meeting on the written request of at least two board members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter B. Texas Board of Nursing › Section 301.059. Training

Sec. 301.059.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing 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)  the types of board rules, interpretations, and enforcement actions that may implicate federal antitrust law by limiting competition or impacting prices charged by persons engaged in a profession or business the board regulates, including rules, interpretations, and enforcement actions that:
(A)  regulate the scope of practice of persons in a profession or business the board regulates;
(B)  restrict advertising by persons in a profession or business the board regulates;
(C)  affect the price of goods or services provided by persons in a profession or business the board regulates; and
(D)  restrict participation in a profession or business the board regulates;
(5)  the results of the most recent formal audit of the board;
(6)  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
(7)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(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.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 11, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 74(1), eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.101. Executive Director

Sec. 301.101.  EXECUTIVE DIRECTOR.  (a)  The board shall employ an executive director.  The executive director may not be a member of the board.
(b)  Under the direction of the board, the executive director shall perform the duties required by this chapter or designated by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.103. Public Records; Registry

Sec. 301.103.  PUBLIC RECORDS;  REGISTRY.  (a)  The executive director shall keep:
(1)  a record of each meeting of the board;  and
(2)  a registry of the name of each nurse registered under this chapter.
(b)  Information maintained under this section is open to public inspection at all times.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.104. Personnel; Employment Practices

Sec. 301.104.  PERSONNEL;  EMPLOYMENT PRACTICES.  The board shall employ persons as necessary to carry on the work of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.105. Division of Responsibilities

Sec. 301.105.  DIVISION OF RESPONSIBILITIES.  (a)  The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board.
(b)  The board shall determine the salaries and compensation to be paid to employees and persons retained by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.106. Qualifications and Standards of Conduct Information

Sec. 301.106.  QUALIFICATIONS AND STANDARDS OF CONDUCT INFORMATION.  The board shall provide, as often as necessary, to its members and employees information regarding their:
(1)  qualifications for office or employment under this chapter;  and
(2)  responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.107. Career Ladder Program; Performance Evaluations

Sec. 301.107.  CAREER LADDER PROGRAM;  PERFORMANCE EVALUATIONS.  (a)  The executive director or the executive director's designee shall develop an intra-agency career ladder program.  The program must require intra-agency posting of all nonentry level positions concurrently with any public posting.
(b)  The executive director or the executive director's designee shall develop a system of annual performance evaluations based on measurable job tasks.  All merit pay for board employees must be based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter C. Executive Director and Personnel › Section 301.108. Equal Employment Opportunity Policy; Report

Sec. 301.108.  EQUAL EMPLOYMENT OPPORTUNITY POLICY;  REPORT.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin.  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel that are in compliance with the requirements of Chapter 21, Labor Code;
(2)  a comprehensive analysis of the board workforce that meets federal and state guidelines;
(3)  procedures by which a determination can be made of significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance;  and
(4)  reasonable methods to appropriately address those areas of underuse.
(b)  A policy statement prepared under Subsection (a) must:
(1)  cover an annual period;
(2)  be updated annually;
(3)  be reviewed by the Commission on Human Rights for compliance with Subsection (a)(1);  and
(4)  be filed with the governor.
(c)  The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).  The report may be made separately or as part of other biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.151. General Rulemaking Authority

Sec. 301.151.  GENERAL RULEMAKING AUTHORITY.  The board may adopt and enforce rules consistent with this chapter and necessary to:
(1)  perform its duties and conduct proceedings before the board;
(2)  regulate the practice of professional nursing and vocational nursing;
(3)  establish standards of professional conduct for license holders under this chapter;  and
(4)  determine whether an act constitutes the practice of professional nursing or vocational nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.009, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.152. Rules Regarding Specialized Training

Sec. 301.152.  RULES REGARDING SPECIALIZED TRAINING.  (a)  In this section, "advanced practice registered nurse" means a registered nurse licensed by the board to practice as an advanced practice registered nurse on the basis of completion of an advanced educational program.  The term includes a nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist.  The term is synonymous with "advanced nurse practitioner" and "advanced practice nurse."
(b)  The board shall adopt rules to:
(1)  license a registered nurse as an advanced practice registered nurse;
(2)  establish:
(A)  any specialized education or training, including pharmacology, that an advanced practice registered nurse must have to prescribe or order a drug or device as delegated by a physician under Section 157.0512 or 157.054;
(B)  a system for approving an advanced practice registered nurse to prescribe or order a drug or device as delegated by a physician under Section 157.0512 or 157.054 on the receipt of evidence of completing the specialized education and training requirement under Paragraph (A); and
(C)  a system for issuing a prescription authorization number to an advanced practice registered nurse approved under Paragraph (B); and
(3)  concurrently renew any license or approval granted to an advanced practice registered nurse under this subsection and a license renewed by the advanced practice registered nurse under Section 301.301.
(c)  At a minimum, the rules adopted under Subsection (b)(2) must:
(1)  require completion of pharmacology and related pathophysiology education for initial approval; and
(2)  require continuing education in clinical pharmacology and related pathophysiology in addition to any continuing education otherwise required under Section 301.303.
(d)  The signature of an advanced practice registered nurse attesting to the provision of a legally authorized service by the advanced practice registered nurse satisfies any documentation requirement for that service established by a state agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.121(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 17, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.153. Rules Regarding Advertising and Competitive Bidding

Sec. 301.153.  RULES REGARDING ADVERTISING AND COMPETITIVE BIDDING.  (a)  The board may not adopt rules restricting advertising or competitive bidding by a person except to prohibit false, misleading, or deceptive practices by the person.
(b)  The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that:
(1)  restricts the person's use of any medium for advertising;
(2)  restricts the person's personal appearance or use of the person's voice in an advertisement;
(3)  relates to the size or duration of an advertisement by the person;  or
(4)  restricts the use of a trade name in advertising by the person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.154. Rules Regarding Delegation of Certain Medical Acts

Sec. 301.154.  RULES REGARDING DELEGATION OF CERTAIN MEDICAL ACTS.  (a)  The board may recommend to the Texas State Board of Medical Examiners the adoption of rules relating to the delegation by physicians of medical acts to registered nurses and vocational nurses licensed by the board.  In making a recommendation, the board may distinguish between nurses on the basis of special training and education.
(b)  A recommendation under Subsection (a) shall be treated in the same manner as a petition for the adoption of a rule by an interested party under Chapter 2001, Government Code.
(c)  The board in recommending a rule and the Texas State Board of Medical Examiners in acting on a recommended rule shall, to the extent allowable under state and federal statutes, rules, and regulations, act to enable the state to obtain its fair share of the federal funds available for the delivery of health care in this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.010, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.1545. Rules on Consequences of Criminal Conviction or Deferred Adjudication

Sec. 301.1545.  RULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION.  (a)  The board shall adopt rules and guidelines necessary to comply with Chapter 53, except to the extent the requirements of this subtitle are stricter than the requirements of that chapter.
(b)  In its rules under this section, the board shall list the offenses for which a conviction would constitute grounds for the board to take action under Section 53.021 or for which placement on deferred adjudication community supervision would constitute grounds for the board to take action under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 12, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.155. Fees

Sec. 301.155.  FEES.  (a)  The board by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter.  The board may not set a fee that existed on September 1, 1993, in an amount less than the amount of that fee on that date.
(b)  The board may adopt a fee in an amount necessary for a periodic newsletter to produce and disseminate to license holders the information required under Section 301.158.
(c)  The board shall assess a surcharge of not less than $3 or more than $5 for a registered nurse and a surcharge of not less than $2 or more than $3 for a vocational nurse to the fee established by the board under Subsection (a) for a license holder to renew a license under this chapter.  The board may use nine cents of the registered nurse surcharge and six cents of the vocational nurse surcharge to cover the administrative costs of collecting and depositing the surcharge.  The board quarterly shall transmit the remainder of each surcharge to the Department of State Health Services to be used only to implement the nursing resource section under Section 105.002, Health and Safety Code.  The board is not required to collect the surcharge if the board determines the funds collected are not appropriated for the purpose of funding the nursing resource section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 728, Sec. 12, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 4, eff. May 20, 2005.
Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter D. General Powers and Duties of Board › Section 301.156. Gifts and Grants

Sec. 301.156.  GIFTS AND GRANTS.  The board may receive gifts, grants, or other funds or assets.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.