reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter M. Anesthesia in Outpatient Setting › Section 301.604. Registration Required

Sec. 301.604.  REGISTRATION REQUIRED.  (a)  The board shall require each certified registered nurse anesthetist who provides anesthesia services in an outpatient setting to register biennially by applying to the board on a form prescribed by the board and paying to the board a fee in an amount established by the board.
(b)  The board shall coordinate the registration required under this section with the license renewal requirements of Subchapter G so that the times of registration, payment, notice, and imposition of penalties for late payment are similar and provide a minimal administrative burden for the board and certified registered nurse anesthetists.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter M. Anesthesia in Outpatient Setting › Section 301.605. Compliance With Rules

Sec. 301.605.  COMPLIANCE WITH RULES.  (a)  A certified registered nurse anesthetist providing anesthesia services in an outpatient setting shall comply with the rules adopted by the board under Section 301.602.
(b)  The board may require a certified registered nurse anesthetist to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the nurse anesthetist's provision of anesthesia in an outpatient setting in accordance with this chapter or board rule.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter M. Anesthesia in Outpatient Setting › Section 301.606. Inspections

Sec. 301.606.  INSPECTIONS.  (a)  The board may conduct inspections to enforce this subchapter, including inspections of the equipment owned or leased by a certified registered nurse anesthetist and of documents of a certified registered nurse anesthetist's practice that relate to providing anesthesia in an outpatient setting.  The board may contract with another state agency or qualified person to conduct these inspections.
(b)  Unless it would jeopardize an ongoing investigation, the board must provide notice at least five business days before the date of conducting an on-site inspection under this section.
(c)  This section does not require the board to make an on-site inspection of an outpatient setting in which a certified registered nurse anesthetist provides anesthesia.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter M. Anesthesia in Outpatient Setting › Section 301.607. Requests for Inspection and Advisory Opinions

Sec. 301.607.  REQUESTS FOR INSPECTION AND ADVISORY OPINIONS.  (a)  The board may consider a request by a certified registered nurse anesthetist for an inspection of equipment owned or leased by the nurse anesthetist and of documents of the nurse anesthetist's practice that relate to the provision of anesthesia in an outpatient setting.  The board, on payment of a fee set by the board, may conduct the requested inspection and issue an advisory opinion.
(b)  An advisory opinion issued by the board under this section is not binding on the board.  Except as provided by Subsection (c), the board may take any action under this chapter relating to the situation addressed by the advisory opinion as the board considers appropriate.
(c)  A certified registered nurse anesthetist who requests and relies on a board advisory opinion may use the opinion as mitigating evidence in an action or proceeding by the board to impose an administrative penalty or to assess a fine under this chapter.  On receipt of proof of reliance on an advisory opinion, the board shall consider the reliance and mitigate imposition of an administrative penalty or assessment of a fine accordingly.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.651. Definitions

Sec. 301.651.  DEFINITIONS.  In this subchapter:
(1)  "Corrective action" means a fine or remedial education imposed under Section 301.652.
(2)  "Deferred action" means an action against a person licensed or regulated under this chapter that is deferred by the board as provided by this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.652. Imposition of Corrective Action

Sec. 301.652.  IMPOSITION OF CORRECTIVE ACTION.  (a)  The board may impose a corrective action on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.  The corrective action:
(1)  may be a fine, remedial education, or any combination of a fine or remedial education;
(2)  is not a disciplinary action under Subchapter J; and
(3)  is subject to disclosure only to the extent a complaint is subject to disclosure under Section 301.466.
(b)  The board by rule shall adopt guidelines for the types of violations for which a corrective action may be imposed.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.653. Report and Notice of Violation and Corrective Action

Sec. 301.653.  REPORT AND NOTICE OF VIOLATION AND CORRECTIVE ACTION.  If the executive director determines that a person has committed a violation for which a corrective action may be imposed under the guidelines adopted under Section 301.652(b), the executive director may give written notice of the determination and recommendation for corrective action to the person subject to the corrective action.  The notice may be given by certified mail.  The notice must:
(1)  include a brief summary of the alleged violation;
(2)  state the recommended corrective action; and
(3)  inform the person of the person's options in responding to the notice.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.654. Response

Sec. 301.654.  RESPONSE.  Not later than the 20th day after the date the person receives the notice under Section 301.653, the person may:
(1)  accept in writing the executive director's determination and recommended corrective action; or
(2)  reject the executive director's determination and recommended corrective action.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.655. Action Following Response

Sec. 301.655.  ACTION FOLLOWING RESPONSE.  (a)  If the person accepts the executive director's determination and satisfies the recommended corrective action, the case is closed.
(b)  If the person does not accept the executive director's determination and recommended corrective action as originally proposed or as modified by the board or fails to respond in a timely manner to the executive director's notice as provided by Section 301.654, the executive director shall:
(1)  terminate corrective action proceedings; and
(2)  dispose of the matter as a complaint under Subchapter J.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 13, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.6555. Deferred Action

Sec. 301.6555.  DEFERRED ACTION.  (a)  For any action or complaint for which the board proposes to impose on a person a sanction other than a reprimand or a denial, suspension, or revocation of a license, the board may:
(1)  defer the final action the board has proposed if the person conforms to conditions imposed by the board, including any condition the board could impose as a condition of probation under Section 301.468; and
(2)  if the person successfully meets the imposed conditions, dismiss the complaint.
(b)  Except as provided by this subsection, a deferred action by the board is not confidential and is subject to disclosure in accordance with Chapter 552, Government Code.  If the person successfully meets the conditions imposed by the board in deferring final action and the board dismisses the action or complaint, the deferred action of the board is confidential to the same extent as a complaint is confidential under Section 301.466.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 14, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.656. Report to Board

Sec. 301.656.  REPORT TO BOARD.  The executive director shall report periodically to the board on the corrective or deferred actions imposed under this subchapter, including:
(1)  the number of actions imposed; and
(2)  the types of violations for which actions were imposed.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 15, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter N. Corrective Action Proceeding and Deferred Action › Section 301.657. Effect on Acceptance of Corrective or Deferred Action

Sec. 301.657.  EFFECT ON ACCEPTANCE OF CORRECTIVE OR DEFERRED ACTION.  (a)  Except to the extent provided by this section, a person's acceptance of a corrective or deferred action under this subchapter does not constitute an admission of a violation but does constitute a plea of nolo contendere.
(b)  The board may treat a person's acceptance of corrective or deferred action as an admission of a violation if the board imposes a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter.
(c)  The board may consider a corrective or deferred action taken against a person to be a prior disciplinary action under this chapter when imposing a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 144 (S.B. 1415), Sec. 2, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 16, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.001. Definitions

Sec. 303.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Board of Nursing.
(2)  "Nurse" means a registered nurse or a vocational nurse licensed under Chapter 301.
(3)  "Nursing" has the meaning assigned by Section 301.002.
(4)  "Nursing peer review committee" means a committee established under the authority of the governing body of a national, state, or local nursing association, a school of nursing, the nursing staff of a hospital, health science center, nursing home, home health agency, temporary nursing service, or other health care facility, or state agency or political subdivision for the purpose of conducting peer review.  The committee includes an employee or agent of the committee, including an assistant, an investigator, an intervenor, an attorney, and any other person who serves the committee in any capacity.
(4-a)  "Patient safety committee" means a committee established by an association, school, agency, health care facility, or other organization to address issues relating to patient safety, including:
(A)  the entity's medical staff composed of individuals licensed under Subtitle B; or
(B)  a medical committee under Subchapter D, Chapter 161, Health and Safety Code.
(5)  "Peer review" means the evaluation of nursing services, the qualifications of a nurse, the quality of patient care rendered by a nurse, the merits of a complaint concerning a nurse or nursing care, and a determination or recommendation regarding a complaint.  The term includes:
(A)  the evaluation of the accuracy of a nursing assessment and observation and the appropriateness and quality of the care rendered by a nurse;
(B)  a report made to a nursing peer review committee concerning an activity under the committee's review authority;
(C)  a report made by a nursing peer review committee to another committee or to the board as permitted or required by law;
(D)  implementation of a duty of a nursing peer review committee by a member, an agent, or an employee of the committee; and
(E)  the provision of information, advice, and assistance to nurses and other persons relating to:
(i)  the rights and obligations of and protections for nurses who raise care concerns or report under Chapter 301 or other state or federal law;
(ii)  the rights and obligations of and protections for nurses who request nursing peer review under this chapter;
(iii)  nursing practice and patient care concerns; and
(iv)  the resolution of workplace and practice questions relating to nursing and patient care.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.018, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 16, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 38, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.0015. Required Establishment of Nursing Peer Review Committee

Sec. 303.0015.  REQUIRED ESTABLISHMENT OF NURSING PEER REVIEW COMMITTEE.  (a)  A person shall establish a nursing peer review committee to conduct nursing peer review under this chapter and Chapter 301:
(1)  for vocational nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses; and
(2)  for professional nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses, at least four of whom are registered nurses.
(b)  A person required to establish a nursing peer review committee under this section may contract with another entity to conduct the peer review for the person.
Added by Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 17, eff. September 1, 2007.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1074 (H.B. 3296), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.002. General Provisions Regarding Peer Review

Sec. 303.002.  GENERAL PROVISIONS REGARDING PEER REVIEW.  (a)  Repealed by Acts 2003, 78th Leg., ch. 553, Sec. 3.001.
(b)  The board shall enter into a memorandum of understanding with each state agency that licenses, registers, or certifies a facility required by law to have a nursing peer review committee.  The memorandum of understanding must:
(1)  state the actions the board and agency are to take to encourage compliance with the requirement to have a nursing peer review committee;  and
(2)  be adopted as a rule of the board and the agency.
(c)  A court may not enjoin the activities of a nursing peer review committee under this chapter.
(d)  This chapter may not be nullified by a contract.
(e)  The committee shall give the nurse being reviewed at least minimum due process, including notice and opportunity for a hearing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.019, 3.001(2), eff. Feb. 1, 2004.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.003. Committee Membership

Sec. 303.003.  COMMITTEE MEMBERSHIP.  (a)  A nursing peer review committee must have nurses as three-fourths of its members.
(b)  A nursing peer review committee that conducts a peer review that involves the practice of vocational nursing, to the extent feasible, must include vocational nurses as members and may have only registered nurses and vocational nurses as voting members.
(c)  A nursing peer review committee that conducts a peer review that involves the practice of professional nursing must have registered nurses as two-thirds of its members and may have only registered nurses as voting members.
(d)  The committee shall include to the extent feasible at least one nurse who has a working familiarity with the area of nursing practice in which the nurse being reviewed practices.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.020, eff. Feb. 1, 2004.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 15, eff. May 20, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.004. Peer Review by Two Entities

Sec. 303.004.  PEER REVIEW BY TWO ENTITIES.  (a)  A nurse who, as a temporary agency nurse, faculty member, or similar staff member, practices nursing for an educational institution, health care facility, agency, or entity, or a person other than the person who employs or directly compensates the nurse is subject to peer review by both the employer and the other person.
(b)  For the purposes of exchanging information, the peer review committee reviewing the nurse's conduct is considered to be established under the authority of both entities.
(c)  The two entities may contract as to which entity will conduct peer review of the nurse.
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 303 - Nursing Peer Review › Section 303.006. Confidentiality of Peer Review Proceedings

Sec. 303.006.  CONFIDENTIALITY OF PEER REVIEW PROCEEDINGS.  (a)  Except as otherwise provided by this chapter, a nursing peer review committee proceeding is confidential and any communication made to a nursing peer review committee is privileged.
(b)  A member, agent, or employee of a nursing peer review committee or a participant in a proceeding before the committee may not disclose or be required to disclose a communication made to the committee or a record or proceeding of the committee.
(c)  A person who attends a nursing peer review committee proceeding may not disclose or be required to disclose:
(1)  information acquired in connection with the proceeding;  or
(2)  an opinion, recommendation, or evaluation of the committee or a committee member.
(d)  A nursing peer review committee member and a person who provides information to the committee may not be questioned about:
(1)  the person's testimony before the committee;  or
(2)  an opinion formed as a result of the committee proceedings.
(e)  Except as permitted by this chapter, information that is confidential under this section:
(1)  is not subject to subpoena or discovery in any civil matter;
(2)  is not admissible as evidence in a judicial or administrative proceeding;  and
(3)  may not be introduced into evidence in a nursing liability suit arising out of the provision of or a failure to provide nursing services.
(f)  If a peer review committee determines that a nurse has not engaged in conduct required to be reported to the nurse's licensing board, a member of the peer review committee whose knowledge of the nurse's conduct was acquired only through the peer review may not report that nurse to the licensing board for that conduct.  A committee member is not prohibited from reporting:
(1)  the nurse, if the member has knowledge of the nurse's conduct independently of peer review;  or
(2)  the peer review committee to the licensing board, if the member believes the committee made its determination in bad faith.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 876, Sec. 11, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.007. Disclosure of Information

Sec. 303.007.  DISCLOSURE OF INFORMATION.  (a)  A nursing peer review committee on request shall disclose written or oral communications made to the committee and the records and proceedings of the committee to:
(1)  a licensing authority of any state;  or
(2)  a law enforcement agency investigating a criminal matter.
(b)  A nursing peer review committee may disclose written or oral communications made to the committee and the records and proceedings of the committee to:
(1)  a licensing agency of any state;
(2)  a law enforcement agency investigating a criminal matter;
(3)  the association, school, agency, facility, or other organization under whose authority the committee is established;
(4)  another nursing peer review committee;
(5)  a peer assistance program approved by the board under Chapter 467, Health and Safety Code;
(6)  an appropriate state or federal agency or accrediting organization that accredits a health care facility or school of nursing or surveys a facility for quality of care;  or
(7)  a person engaged in bona fide research, if all information that identifies a specific individual is deleted.
(c)  If a committee discloses information under this section, the committee does not by that action waive the privilege of nondisclosure of committee information and proceedings.
(d)  A peer review committee that discloses information under this section and each person who receives the information shall protect, to the extent possible, the identity of each patient.
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 303 - Nursing Peer Review › Section 303.0075. Sharing of Information

Sec. 303.0075.  SHARING OF INFORMATION.  (a)  A nursing peer review committee and a patient safety committee established by the same entity may share information.
(b)  A record or determination of a patient safety committee, or a communication made to a patient safety committee, is not subject to subpoena or discovery and is not admissible in any civil or administrative proceeding, regardless of whether the information has been provided to a nursing peer review committee.  The privileges under this subsection may be waived only through a written waiver signed by the chair, vice chair, or secretary of the patient safety committee.  This subsection does not affect the application of Section 303.007 to a nursing peer review committee.
(c)  A committee that receives information from another committee shall forward any request to disclose the information to the committee that provided the information.
Added by Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 19, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.008. Rebuttal Statement

Sec. 303.008.  REBUTTAL STATEMENT.  (a)  If a nursing peer review committee makes an adverse finding against a nurse, the committee shall provide the nurse with a detailed description of the basis of its finding.
(b)  The peer review committee shall give the nurse the opportunity to offer rebuttal information and to submit a rebuttal statement of reasonable length.  Any rebuttal statement must be included with any information disclosed by the committee under Section 303.007.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 17, eff. May 20, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.009. Retaliatory Actions

Sec. 303.009.  RETALIATORY ACTIONS.  (a)  A nursing peer review committee, a person participating in peer review, or an organization named as a defendant in a civil action or subjected to other retaliatory action as a result of participation in peer review may file a counterclaim in a pending action or prove a cause of action in a subsequent suit to recover defense costs, including court costs, reasonable attorney's fees, and actual and punitive damages if the suit or retaliatory action is determined to be frivolous, unreasonable, without foundation, or taken in bad faith.
(b)  A nursing peer review committee member or a person participating in peer review under this chapter named as a defendant in a civil action or subjected to other retaliatory action as a result of participation in peer review may use information that is otherwise confidential under this chapter to defend the civil action or a civil action that alleges retaliation for the person's participation in peer review.
(c)  A person who discloses information under Subsection (b) does not by that action waive the privilege of nondisclosure of all other information privileged 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 E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.010. Civil Liability

Sec. 303.010.  CIVIL LIABILITY.  (a)  A cause of action does not accrue for an act, statement, determination, or recommendation made, or act reported, without malice, in the course of peer review against:
(1)  a member, agent, or employee of a nursing peer review committee;  or
(2)  a school of nursing, hospital, nursing home, home health agency, health science center, or other health care facility, the nursing staff of such a facility, or a nursing association or other organization.
(b)  A person who, without malice, provides records, information, or assistance to a nursing peer review committee:
(1)  is not liable in a civil action based on the person's participation or assistance in peer review;  and
(2)  may not be subjected to retaliatory action as a result of that 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 303 - Nursing Peer Review › Section 303.011. Evaluation by Committee

Sec. 303.011.  EVALUATION BY COMMITTEE.  (a)  In evaluating a nurse's conduct, the nursing peer review committee shall review the evidence to determine the extent to which a deficiency in care by the nurse was the result of deficiencies in the nurse's judgment, knowledge, training, or skill rather than other factors beyond the nurse's control.  A determination that a deficiency in care is attributable to a nurse must be based on the extent to which the nurse's conduct was the result of a deficiency in the nurse's judgment, knowledge, training, or skill.
(b)  The nursing peer review committee shall report a deficiency in care that the committee determines was the result of a factor beyond the nurse's control to a patient safety committee for evaluation.  The patient safety committee shall evaluate the influence of the factors on the conduct of the nurse being evaluated and on the practice of other nurses within the entity that established the committee.  The committee shall report its findings to the nursing peer review committee.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 12, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 20, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 303 - Nursing Peer Review › Section 303.012. Error Classification System

Sec. 303.012.  ERROR CLASSIFICATION SYSTEM.  (a)  The board may develop a standardized error classification system for use by a nursing peer review committee in evaluating the conduct of a nurse.  The board shall make the system available to the committee at no cost.
(b)  Information collected as part of an error classification system is a record of the nursing peer review committee and is confidential under Section 303.006.
(c)  A nursing peer review committee may report the information collected using the error classification system to the board.  The committee may not report to the board under this section information that includes the identity of an individual nurse or patient.
(d)  Information the board receives under this section that contains information identifying a specific patient, nurse, or health care facility, the committee, or the sponsoring organization of the committee is confidential and is not subject to disclosure under Chapter 552, Government Code.  The board must remove the identifying information from the information before making the remaining information available to the public.
(e)  This section does not affect the obligation or authority of a nursing peer review committee to disclose information under Section 303.007.
Added by Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.002. Administration of Compact

Sec. 304.002.  ADMINISTRATION OF COMPACT.  The executive director of the Texas Board of Nursing is the Nurse Licensure Compact administrator for this state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.022, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 39, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.0025. Rules Adopted Under Compact

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 17, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.003. Rules

Sec. 304.003.  RULES.  The Texas Board of Nursing may adopt rules necessary to implement this chapter.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.023, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 39, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.004. General Provisions

Sec. 304.004.  GENERAL PROVISIONS.  (a)  The terms "nurse," "registered nurse," and "vocational nurse" include nurses licensed as registered nurses or vocational nurses by a state that is a party to the Nurse Licensure Compact.
(b)  Unless the context indicates otherwise or doing so would be inconsistent with the Nurse Licensure Compact, nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact have the same rights and obligations as imposed by the laws of this state on license holders of the Texas Board of Nursing.
(c)  The Texas Board of Nursing has the authority to determine whether a right or obligation imposed on license holders applies to nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact unless that determination is inconsistent with the Nurse Licensure Compact.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.024, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 40, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.005. Enforcement

Sec. 304.005.  ENFORCEMENT.  The Texas Board of Nursing is the state agency responsible for taking action against registered and vocational nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact as authorized by the Nurse Licensure Compact.  The action shall be taken in accordance with the same procedures for taking action against registered and vocational nurses licensed by this state.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.025, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 41, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.006. Information Maintained Under Compact

Sec. 304.006.  INFORMATION MAINTAINED UNDER COMPACT.  (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 of the Nurse Licensure Compact.
(b)  A board is not obligated to provide information not available to the board or information that is not available to the nurse under the laws of the state contributing the information to the coordinated licensure information system.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.026, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 42, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 18, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.007. Access to Practice-Related Information

Sec. 304.007.  ACCESS TO PRACTICE-RELATED INFORMATION.  Practice-related information provided by the Texas Board of Nursing to registered or vocational nurses licensed by this state shall be made available by the board on request and at a reasonable cost to nurses practicing in this state under a license issued by a state that is a party to the Nurse Licensure Compact.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.027, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 43, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 304 - Nurse Licensure Compact › Section 304.008. Disclosure of Personal Information

Sec. 304.008.  DISCLOSURE OF PERSONAL INFORMATION.  (a)  In reporting information to the coordinated licensure information system under Article VI 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.
(b)  The coordinated licensure information system may not share personally identifiable information with a state not a party to the compact unless the state agrees not to disclose that information to other persons.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.130(a), eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.028, eff. Feb. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 44, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 19, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter A. General Provisions › Section 351.001. Short Title

Sec. 351.001.  SHORT TITLE.  This chapter may be cited as the Texas Optometry Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter A. General Provisions › Section 351.002. Definitions

Sec. 351.002.  DEFINITIONS.  In this chapter:
(1)  "Adnexa" means the lids and drainage system of the eye.
(2)  "Board" means the Texas Optometry Board.
(3)  "Dispensing optician" or "ophthalmic dispenser" means a person who:
(A)  is not an optometrist, therapeutic optometrist, or licensed physician;  and
(B)  sells or delivers to the consumer ophthalmic devices, including fabricated and finished spectacle lenses, frames, and contact lenses, prescribed by an optometrist, therapeutic optometrist, or licensed physician.
(4)  "Optometrist" means a person licensed under this chapter and authorized to practice optometry.
(5)  "Person" means an individual, association of individuals, trustee, receiver, partnership, corporation, or organization or the manager, agent, servant, or employee of any of those entities.
(6)  "Practice of optometry" means using objective or subjective means, with or without the use of topical ocular pharmaceutical agents, to:
(A)  determine or measure the powers of vision of the human eye as provided by Section 351.355;
(B)  examine or diagnose visual defects, abnormal conditions, or diseases of the human eye or adnexa;  or
(C)  prescribe or fit lenses or prisms to correct or remedy a defect or abnormal condition of vision as provided by Section 351.356.
(7)  "Practice of therapeutic optometry" means using objective or subjective means, not including surgery or laser surgery, to:
(A)  determine or measure the powers of vision of the human eye as provided by Section 351.355;
(B)  examine or diagnose visual defects, abnormal conditions, or diseases of the human eye or adnexa;
(C)  prescribe or fit lenses or prisms to correct or remedy a defect or abnormal condition of vision as provided by Section 351.356;
(D)  administer or prescribe a drug or physical treatment in the manner authorized by this chapter;  or
(E)  treat the visual system, including the eye or adnexa as authorized by this chapter.
(8)  "Surgery" means a procedure using instruments, including lasers, scalpels, or needles, in which human tissue is cut, burned, vaporized, or otherwise altered by any mechanical means, laser, or ionizing radiation.  The term includes procedures using instruments that require closing by suturing, clamping, or another device.  The term does not include a noninvasive procedure to remove a superficial foreign body in the conjunctiva, eyelid, or corneal epithelium that has not perforated the Bowman's membrane.
(9)  "Therapeutic optometrist" means a person licensed under this chapter and authorized to practice therapeutic optometry.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.151(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter A. General Provisions › Section 351.003. Reference in Other Law

Sec. 351.003.  REFERENCE IN OTHER LAW.  A reference in another law of this state or in a law of a subdivision of this state to "optometrist" means an optometrist or therapeutic optometrist, unless the context clearly indicates otherwise.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter A. General Provisions › Section 351.004. Sunset Provision

Sec. 351.004.  SUNSET PROVISION.  The Texas Optometry Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2033.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 101 (H.B. 1025), Sec. 1.001, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 385 (S.B. 314), Sec. 1, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 2.06, eff. June 18, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter A. General Provisions › Section 351.005. Application of Chapter; Exemptions

Sec. 351.005.  APPLICATION OF CHAPTER;  EXEMPTIONS.
(a)  This chapter does not:
(1)  apply to an officer or agent of the United States or this state in performing official duties;
(2)  prevent or interfere with the right of a physician licensed by the Texas Medical Board to:
(A)  treat or prescribe for a patient; or
(B)  direct or instruct a person under the physician's control, supervision, or direction to aid or attend to the needs of a patient according to the physician's specific direction, instruction, or prescription;
(3)  prevent a person from selling ready-to-wear eyeglasses as merchandise at retail;
(4)  prevent an unlicensed person from making simple repairs to eyeglasses;
(5)   prevent an ophthalmic dispenser who does not practice optometry or therapeutic optometry from measuring interpupillary distances or making facial measurements to dispense or adapt an ophthalmic prescription, lens, product, or accessory in accordance with the specific directions of a written prescription signed by an optometrist, therapeutic optometrist, or licensed physician;
(6)  prevent the administrator or executor of the estate of a deceased optometrist or therapeutic optometrist from employing an optometrist or therapeutic optometrist to continue the practice of the deceased during estate administration; or
(7)  prevent an optometrist or therapeutic optometrist from working for the administrator or executor of the estate of a deceased optometrist or therapeutic optometrist to continue the practice of the deceased during estate administration.
(b)  A direction, instruction, or prescription described by Subsection (a)(2)(B) must be in writing if it is to be followed, performed, or filled outside the physician's office.
(c)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 3.031(1), eff. September 1, 2015.
(d)  Continuation of the practice of a deceased optometrist or therapeutic optometrist by an estate under Subsections (a)(6) and (7) must:
(1)  be authorized by the county judge;  and
(2)  terminate before the first anniversary of the date of death of the optometrist or therapeutic optometrist.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.023, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.031(1), eff. September 1, 2015.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter B. Texas Optometry Board › Section 351.051. Texas Optometry Board; Membership

Sec. 351.051.  TEXAS OPTOMETRY BOARD;  MEMBERSHIP.  (a)  The Texas Optometry Board consists of nine members appointed by the governor with the advice and consent of the senate as follows:
(1)  six optometrists or therapeutic optometrists;  and
(2)  three members who represent the public.
(b)  Appointments to the board shall be made without regard to the race, color, disability, sex, age, religion, or national origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1092, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle F - Professions Related to Eyes and Vision › Chapter 351 - Optometrists and Therapeutic Optometrists › Subchapter B. Texas Optometry Board › Section 351.052. Membership Eligibility

Sec. 351.052.  MEMBERSHIP ELIGIBILITY.  (a)  An optometrist or therapeutic optometrist member of the board must have been a resident of this state engaged in the practice of optometry or therapeutic optometry in this state for the five years preceding the date of the member's 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 or is an officer or paid consultant of a business entity or other organization that provides health care services or that sells, manufactures, or distributes health care supplies or equipment;
(3)  owns, controls, or has, directly or indirectly, a financial interest in a business entity or other organization that provides health care services or that sells, manufactures, or distributes health care supplies or equipment;  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 2001, 77th Leg., ch. 1092, Sec. 3, eff. Sept. 1, 2001.