reglab/statecodes huggingface dataset:
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 301.1571. Use of Standardized Examinations

Sec. 301.1571.  USE OF STANDARDIZED EXAMINATIONS.  (a)  The board shall adopt rules related to the use by a school of nursing or educational program offered in this state of a standardized examination prepared by a private entity.  The rules must prohibit the use of a standardized examination as a graduation requirement or to deny students an affidavit of graduation.  The rules may authorize the use of a standardized examination only to:
(1)  familiarize students with computerized testing;
(2)  assess potential or enrolled students for purposes of:
(A)  serving as one component of admissions criteria;
(B)  evaluating a student's strengths and weaknesses for remediation purposes; or
(C)  identifying students experiencing academic difficulties who require early remediation; or
(3)  assess the effectiveness of the school of nursing or educational program by providing:
(A)  trend data on student performance;
(B)  a comparison of student performance with nationwide averages;
(C)  feedback of student knowledge of program content;
(D)  data to monitor the effectiveness of specific course, level, and program curriculum revisions;
(E)  a measure of student mastery of content; or
(F)  an evaluation of the effectiveness of curriculum content for revision purposes.
(b)  The rules adopted under Subsection (a) must provide that a score on a standardized examination may not account for more than 10 percent of a course grade for a course in a school of nursing or educational program.
(c)  A school of nursing or educational program that determines a student is in need of academic remediation on the basis of a standardized examination may not require the student to attend any course offered by the examination provider.
(d)  Failure to comply with the rules adopted under Subsection (a) may subject the school of nursing or educational program to disciplinary action, including removal of the school's or program's approval status, as determined by the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 286 (S.B. 1429), Sec. 1, eff. September 1, 2023.
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 301.158. Dissemination of Information

Sec. 301.158.  DISSEMINATION OF INFORMATION.  The board shall disseminate, at least twice a year and at other times the board determines necessary, information that is of significant interest to nurses and employers of nurses in this state, including summaries of final disciplinary action taken against nurses by the board since its last dissemination of information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.013, 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 301.1581. Information Provided to License Holders

Sec. 301.1581.  INFORMATION PROVIDED TO LICENSE HOLDERS.  At least once each biennium, the board shall provide to license holders information on:
(1)  prescribing and dispensing pain medications, with particular emphasis on Schedule II and Schedule III controlled substances;
(2)  abusive and addictive behavior of certain persons who use prescription pain medications;
(3)  common diversion strategies employed by certain persons who use prescription pain medications, including fraudulent prescription patterns;  and
(4)  the appropriate use of pain medications and the differences between addiction, pseudo-addiction, tolerance, and physical dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 4, 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 301.1582. Poison Control Center Information

Sec. 301.1582.  POISON CONTROL CENTER INFORMATION.  The board shall provide to license holders information regarding the services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 4, 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 301.1583. Disciplinary Action

Sec. 301.1583.  DISCIPLINARY ACTION.  (a)  The board shall remove a disciplinary action from the nurse licensure verification page on the board's Internet website if:
(1)  the disciplinary action is the only disciplinary action taken against the nurse;
(2)  the disciplinary action was taken by the board for a violation that is not related to the practice of nursing;
(3)  the disciplinary action did not result in the suspension or revocation of, or the probation of the suspension or revocation of, the nurse's license;
(4)  the disciplinary action does not provide any indication that continued practice by the nurse may risk harm to a patient; and
(5)  the nurse has successfully completed the requirements imposed by the board in the disciplinary order related to the disciplinary action.
(b)  A disciplinary action that is removed from the nurse licensure verification page on the board's Internet website under Subsection (a) shall be removed from the public portion of the coordinated licensure information system, as defined by Section 304.0015 in Article II of the Nurse Licensure Compact.
Added by Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 8, eff. September 1, 2017.
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 301.159. Board Duties Regarding Complaints

Sec. 301.159.  BOARD DUTIES REGARDING COMPLAINTS.  (a)  The board by rule shall:
(1)  adopt a form to standardize information concerning complaints made to the board;  and
(2)  prescribe information to be provided to a person when the person files a complaint with the board.
(b)  The board shall provide reasonable assistance to a person who wishes to file a complaint with 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 D. General Powers and Duties of Board › Section 301.1595. Advisory Committees

Sec. 301.1595.  ADVISORY COMMITTEES.  (a)  The board may appoint advisory committees to perform the advisory functions assigned by the board.
(b)  An advisory committee shall provide independent expertise on board functions and policies, but may not be involved in setting board policy.
(c)  The board shall adopt rules regarding the purpose, structure, and use of advisory committees, including rules on:
(1)  the purpose, role, responsibility, and goal of an advisory committee;
(2)  the size and quorum requirements for an advisory committee;
(3)  the composition and representation of an advisory committee;
(4)  the qualifications of advisory committee members, such as experience or area of residence;
(5)  the appointment procedures for advisory committees;
(6)  the terms of service for advisory committee members;
(7)  the training requirements for advisory committee members, if necessary;
(8)  the method the board will use to receive public input on issues addressed by an advisory committee; and
(9)  the development of board policies and procedures to ensure advisory committees meet the requirements for open meetings under Chapter 551, Government Code, including notification requirements.
(d)  A board member may not serve as a member of an advisory committee, but may serve as a liaison between an advisory committee and the board.  A board member liaison that attends advisory committee meetings may attend only as an observer and not as a participant.  A board member liaison is not required to attend advisory committee meetings.  The role of a board member liaison is limited to clarifying the board's charge and intent to the advisory committee.
(e)  To the extent of any conflict with Chapter 2110, Government Code, this section and board rules adopted under this section control.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 14, 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 301.1605. Pilot Programs for Innovative Applications

Sec. 301.1605.  PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS.  (a)  The board may approve and adopt rules regarding pilot programs for innovative applications in the practice and regulation of nursing.
(b)  The board shall specify the procedures to be followed in applying for approval of a pilot program.  The board may condition approval of a program on compliance with this section and rules adopted under this section.
(c)  In approving a pilot program, the board may grant the program an exception to the mandatory reporting requirements of Sections 301.401-301.409 or to a rule adopted under this chapter or Chapter 303 that relates to the practice of nursing, including education and reporting requirements for nurses.  The board may not grant an exception to:
(1)  the education requirements of this chapter unless the program includes alternate but substantially equivalent requirements; or
(2)  the mandatory reporting requirements unless the program:
(A)  is designed to evaluate the efficiency of alternative reporting methods; and
(B)  provides consumers adequate protection from nurses whose continued practice is a threat to public safety.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 5, 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 301.1606. Pilot Programs on Nurse Reporting Systems

Sec. 301.1606.  PILOT PROGRAMS ON NURSE REPORTING SYSTEMS.  (a)  The board may solicit proposals for pilot programs designed to evaluate the efficacy and effect on protection of the public of reporting systems designed to encourage identification of system errors.
(b)  The board may grant a pilot program approved under this section an exception to the mandatory reporting requirements of Sections 301.401-301.409 or to a rule adopted under this chapter or Chapter 303 that relates to the practice of nursing, including education and reporting requirements for nurses.  If the board grants an exception, the board may require that the program:
(1)  provide for the remediation of the deficiencies of a nurse who has knowledge or skill deficiencies that unless corrected may result in an unreasonable risk to public safety;
(2)  provide for supervision of the nurse during remediation of deficiencies under Subdivision (1);
(3)  require reporting to the board of a nurse:
(A)  who fails to satisfactorily complete remediation, or who does not make satisfactory progress in remediation, under Subdivision (1);
(B)  whose incompetence in the practice of nursing would pose a continued risk of harm to the public; or
(C)  whose error contributed to a patient death or serious patient injury; or
(4)  provide for a nursing peer review committee to review whether a nurse is appropriate for remediation under Subdivision (1).
(c)  The board may require that the entity conducting a pilot program under this section reimburse the board for the cost of monitoring and evaluating the pilot program.
(d)  The board may contract with a third party to perform the monitoring and evaluation.
(e)  The board may limit the number of pilot programs that it approves under this section.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 1, eff. June 20, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 6, 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 301.161. Enforcement

Sec. 301.161.  ENFORCEMENT.  (a)  The board shall aid in the enforcement of this chapter.
(b)  The board may:
(1)  issue a subpoena;
(2)  compel the attendance of a witness;
(3)  administer an oath to a person giving testimony at hearings;  and
(4)  cause the prosecution of each person violating this chapter.
(c)  The attorney general shall provide legal assistance necessary to enforce this chapter.  This subsection does not relieve a local prosecuting officer of any duty under the law.
(d)  The board may establish a criminal investigations unit to investigate suspected criminal acts relating to the practice of nursing as authorized by this chapter.
(e)  The board may assist federal, state, or local law enforcement agencies in the investigation and prosecution of crimes related to the practice of nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1058 (H.B. 1366), Sec. 1, eff. September 1, 2005.
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 301.1615. Obtaining Criminal History Record Information; Hearing

Sec. 301.1615.  OBTAINING CRIMINAL HISTORY RECORD INFORMATION;  HEARING.  (a)  In addition to the information to which the board is entitled under Section 411.125, Government Code, the board may request and receive criminal history record information from the Federal Bureau of Investigation as provided by Section 411.087, Government Code.
(b)  Criminal history record information received by the board may be used only by the board and is privileged.  The information may not be disclosed to any person other than:
(1)  as required under a court order;  or
(2)  to a nursing board that is a member of the nurse licensure compact under Chapter 304.
(c)  If, on the basis of criminal history record information obtained by the board, the board proposes to deny an application for a license, refuse to renew a license, or suspend or revoke a license or temporary permit, the applicant or license holder is entitled to a hearing under Section 301.454.
Added by Acts 2003, 78th Leg., ch. 1102, Sec. 1, 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 301.162. Legal Counsel

Sec. 301.162.  LEGAL COUNSEL.  The board may retain legal counsel to represent the board if first:
(1)  the board requests the attorney general to represent the board;  and
(2)  the attorney general certifies to the board that the attorney general cannot provide those services.
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 301.164. Assistance of Prosecutor

Sec. 301.164.  ASSISTANCE OF PROSECUTOR.  A board member may present to a prosecuting officer a complaint relating to a violation of this chapter.  The board, through its members, officers, counsel, or agents, shall assist in the trial of a case involving an alleged violation of this chapter, subject to the control of the prosecuting officers.
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 301.166. Use of Technology

Sec. 301.166.  USE OF TECHNOLOGY.  The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions.  The policy must ensure that the public is able to interact with the board on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 15, 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 301.167. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 301.167.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008, Government Code, for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 15, 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 301.168. Duties Regarding Prescriptive Authority Agreements

Sec. 301.168.  DUTIES REGARDING PRESCRIPTIVE AUTHORITY AGREEMENTS.  The board shall in conjunction with the Texas Medical Board and the Texas Physician Assistant Board perform the functions and duties relating to prescriptive authority agreements assigned to the board in Sections 157.0512 and 157.0513.
Added by Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 18, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter E. Public Interest Information and Complaint Procedures › Section 301.201. Public Interest Information

Sec. 301.201.  PUBLIC INTEREST INFORMATION.  (a)  The board shall prepare information of public interest describing the functions of the board and the procedures by which complaints are filed with and resolved by the board.
(b)  The board shall make the information available to the public and appropriate state agencies.
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 E. Public Interest Information and Complaint Procedures › Section 301.202. Complaints

Sec. 301.202.  COMPLAINTS.  (a)  The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.  The board may provide for that notice:
(1)  on each registration form, application, or written contract for services of a person regulated by the board;
(2)  on a sign prominently displayed in the place of business of each person regulated by the board;  or
(3)  in a bill for service provided by a person regulated by the board.
(b)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 999, Sec. 17, eff. June 19, 2009.
(c)  The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 17, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter E. Public Interest Information and Complaint Procedures › Section 301.203. Records and Analysis of Complaints

Sec. 301.203.  RECORDS AND ANALYSIS OF COMPLAINTS.  (a)  The board shall maintain a system to promptly and efficiently act on complaints filed with the board.  The board shall maintain information about:
(1)  parties to the complaint;
(2)  the subject matter of the complaint;
(3)  a summary of the results of the review or investigation of the complaint; and
(4)  the complaint's disposition.
(b)  The board shall make information available describing its procedures for complaint investigation and resolution.
(c)  The board shall periodically notify the parties to the complaint of the status of the complaint until final disposition unless notice would jeopardize an undercover investigation.
(d)  The board shall develop a method for analyzing the sources and types of complaints and violations and establish categories for the complaints and violations.  The board shall use the analysis to focus its information and education efforts on specific problem areas identified through the analysis.
(e)  The board shall analyze complaints filed with the board to identify any trends or issues related to certain violations, including:
(1)  the reason for each complaint;
(2)  how each complaint was resolved; and
(3)  the subject matter of each complaint that was not within the jurisdiction of the board and how the board responded to the complaint.
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. 16, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter E. Public Interest Information and Complaint Procedures › Section 301.204. General Rules, Policies, and Procedures Regarding Complaint Investigation and Disposition

Sec. 301.204.  GENERAL RULES, POLICIES, AND PROCEDURES REGARDING COMPLAINT INVESTIGATION AND DISPOSITION.  (a)  The board shall adopt rules, policies, and procedures concerning the investigation of a complaint filed with the board.  The rules, policies, or procedures adopted under this subsection must:
(1)  distinguish between categories of complaints;
(2)  ensure that complaints are not dismissed without appropriate consideration;
(3)  require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint;
(4)  ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint;
(5)  prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator; and
(6)  by rule allow appropriate employees of the board to dismiss a complaint if an investigation demonstrates that:
(A)  a violation did not occur; or
(B)  the subject of the complaint is outside the board's jurisdiction.
(b)  The board shall:
(1)  dispose of all complaints in a timely manner;  and
(2)  establish a schedule for conducting each phase of a complaint that is under the control of the board not later than the 30th day after the date the board receives the complaint.
(c)  The board shall notify the parties of the projected time requirements for pursuing the complaint.
(d)  The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made.
(e)  The executive director of the board shall notify the board of a complaint that is unresolved after the time prescribed by the board for resolving the complaint so that the board may take necessary action on the complaint.
(f)  At each public meeting of the board, the executive director shall report to the board each complaint dismissed under Subsection (a)(6) since the board's last public meeting.
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. 17, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter E. Public Interest Information and Complaint Procedures › Section 301.205. Public Participation

Sec. 301.205.  PUBLIC PARTICIPATION.  (a)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction.
(b)  The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs.
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 E. Public Interest Information and Complaint Procedures › Section 301.206. Confidentiality of Information Collected for Emergency Relief Programs

Sec. 301.206.  CONFIDENTIALITY OF INFORMATION COLLECTED FOR EMERGENCY RELIEF PROGRAMS.  (a)  In this section, "emergency relief program" means a program operated or sponsored by the federal government, the state, or a nonprofit organization to provide nurses to assist in providing health care to victims or potential victims of a disaster or state or local emergency.
(b)  A nurse's personal contact information, including e-mail addresses, telephone numbers, and fax numbers, collected by the board for use by an emergency relief program is:
(1)  confidential and not subject to disclosure under Chapter 552, Government Code; and
(2)  not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than for the purpose of contacting the nurse to assist in an emergency relief program.
Added by Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 7, eff. June 19, 2009.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter E. Public Interest Information and Complaint Procedures › Section 301.207. Confidentiality of Information Provided for Licensure

Sec. 301.207.  CONFIDENTIALITY OF INFORMATION PROVIDED FOR LICENSURE.  The following information that a person submits to the board for a petition for a declaratory order of eligibility for a license or for an application for an initial license or a license renewal under this chapter is confidential to the same extent information collected on a nurse as part of an investigation of a complaint is confidential under Section 301.466:
(1)  information, including diagnosis and treatment, regarding a person's physical or mental condition, intemperate use of drugs or alcohol, or chemical dependency;
(2)  information regarding a person's criminal history; and
(3)  any other information in the petition for declaratory order of eligibility.
Added by Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 7, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.251. License Required

Sec. 301.251.  LICENSE REQUIRED.  (a)  A person may not practice or offer to practice professional nursing or vocational nursing in this state unless the person is licensed as provided by this chapter.
(b)  Unless the person holds a license under this chapter, a person may not use, in connection with the person's name:
(1)  the title "Registered Nurse," "Professional Nurse," "Licensed Vocational Nurse," "Vocational Nurse," "Licensed Practical Nurse," "Practical Nurse," or "Graduate Nurse";
(2)  the abbreviation "R.N.," "L.V.N.," "V.N.," "L.P.N.," or "P.N.";  or
(3)  any other designation tending to imply that the person is a licensed registered nurse or vocational nurse.
(c)  This section does not apply to a person entitled to practice nursing in this state under Chapter 304.
(d)  Unless the person holds a license under this chapter, a person may not use, in connection with the person's name:
(1)  the title "nurse"; or
(2)  any other designation tending to imply that the person is licensed to provide nursing care.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.122(a), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 553, Sec. 1.014, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 876, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 5, eff. May 20, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.2511. Criminal History Record Information for License Applicants

Sec. 301.2511.  CRIMINAL HISTORY RECORD INFORMATION FOR LICENSE APPLICANTS.  (a)  An applicant for a vocational, registered, or advanced practice registered nurse license must submit to the board, in addition to satisfying the other requirements of this subchapter, a complete and legible set of fingerprints, on a form prescribed by the board, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may deny a license to an applicant who does not comply with the requirement of Subsection (a).  Issuance of a license by the board is conditioned on the board obtaining the applicant's criminal history record information under this section.
(c)  The board by rule shall develop a system for obtaining criminal history record information for a person accepted for enrollment in a nursing educational program that prepares the person for licensure as a vocational, registered, or advanced practice registered nurse by requiring the person to submit to the board a set of fingerprints that meets the requirements of Subsection (a).  The board may develop a similar system for an applicant for enrollment in a nursing educational program.  The board may require payment of a fee by a person who is required to submit a set of fingerprints under this subsection.
Added by Acts 2003, 78th Leg., ch. 1102, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 2, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 871 (H.B. 4123), Sec. 66, eff. June 13, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.252. License Application

Sec. 301.252.  LICENSE APPLICATION.  (a)  Each applicant for a registered nurse license or a vocational nurse license must submit to the board a sworn application that demonstrates the applicant's qualifications under this chapter, accompanied by evidence that the applicant:
(1)  has good professional character related to the practice of nursing;
(2)  has successfully completed a program of professional or vocational nursing education approved under Section 301.157(d); and
(3)  has passed the jurisprudence examination approved by the board as provided by Subsection (a-1).
(a-1)  The jurisprudence examination shall be conducted on the licensing requirements under this chapter and board rules and other laws, rules, or regulations applicable to the nursing profession in this state.  The board shall adopt rules for the jurisprudence examination under Subsection (a)(3) regarding:
(1)  the development of the examination;
(2)  applicable fees;
(3)  administration of the examination;
(4)  reexamination procedures;
(5)  grading procedures; and
(6)  notice of results.
(a-2)  An applicant who provides satisfactory evidence that the applicant has not committed a violation of this chapter or a rule adopted under this chapter is considered to have good professional character related to the practice of nursing.  A determination by the board that an applicant does not have good professional character related to the practice of nursing must be based on a showing by the board of a clear and rational connection between a violation of this chapter or a rule adopted under this chapter and the applicant's ability to effectively practice nursing.
(b)  The board may waive the requirement of Subsection (a)(2) for a vocational nurse applicant if the applicant provides satisfactory sworn evidence that the applicant has completed an acceptable level of education in:
(1)  a professional nursing school approved under Section 301.157(d); or
(2)  a school of professional nurse education located in another state or a foreign country.
(c)  The board by rule shall determine acceptable levels of education under Subsection (b).
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.015, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 19, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.253. Examination

Sec. 301.253.  EXAMINATION.  (a)  Except as provided by Section 301.452, an applicant is entitled to take the examination prescribed by the board if:
(1)  the board determines that the applicant meets the qualifications required by Section 301.252;  and
(2)  the applicant pays the fees required by the board.
(b)  Each examination administered under this section must be prepared by a national testing service or the board.  The board shall ensure that the examination is administered in various cities throughout the state.
(c)  The examination shall be designed to determine the fitness of the applicant to practice professional nursing or vocational nursing.
(c-1)  The board shall:
(1)  adopt policies and guidelines detailing the procedures for the testing process, including test admission, test administration, and national examination requirements; and
(2)  post on the board's Internet website the policies that reference the testing procedures by the national organization selected by the board to administer an examination.
(d)  The board shall determine the criteria that determine a passing score on the examination.  The criteria may not exceed those required by the majority of the states.
(e)  A written examination prepared, approved, or offered by the board, including a standardized national examination, must be validated by an independent testing professional.
(f)  The board shall develop a written refund policy regarding examination fees that:
(1)  defines the reasonable notification period and the emergencies that would qualify for a refund; and
(2)  does not conflict with any examination fee or refund policy of the testing service involved in administering the examination.
(g)  The board may recommend to a national testing service selected by the board to offer examinations under this section the board's written policy for refunding an examination fee for an applicant who:
(1)  provides advance notice of the applicant's inability to take the examination; or
(2)  is unable to take the examination because of an emergency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.016, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 20, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.254. Examination Results

Sec. 301.254.  EXAMINATION RESULTS.  (a)  The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is administered.  If an examination is graded or reviewed by a national testing service, the board shall notify each examinee of the results of the examination not later than the 14th day after the date the board receives the results from the testing service.
(b)  If the notice of the examination results graded or reviewed by a national testing service will be delayed for longer than 90 days after the examination date, the board shall notify each examinee of the reason for the delay before the 90th day.
(c)  If requested in writing by a person who fails an examination, the board shall provide to the person an analysis of the person's performance on the examination.
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 F. License Requirements › Section 301.255. Reexamination

Sec. 301.255.  REEXAMINATION.  The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination.  For an applicant who fails the examination two or more times, the board may:
(1)  require the applicant to fulfill additional educational requirements;  or
(2)  deny the applicant the opportunity to retake the examination.
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 F. License Requirements › Section 301.256. Issuance of License

Sec. 301.256.  ISSUANCE OF LICENSE.  If the results of an examination taken under Section 301.253 or 301.255 satisfy the criteria established by the board under that section, the board shall issue to the applicant a license to practice professional nursing or vocational nursing in this state.  The license must be signed by the board's presiding officer and the executive director and attested by the board's seal.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.017, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.258. Temporary Permit

Sec. 301.258.  TEMPORARY PERMIT.  (a)  Pending the results of a licensing examination, the board may issue to an applicant who is a graduate of an approved educational program a permit to practice professional nursing under the direct supervision of a registered nurse or to practice vocational nursing under the direct supervision of a registered nurse or vocational nurse.
(b)  The board may not issue a permit under this section to an applicant who has previously failed an examination administered by the board or another state.
(c)  A permit issued under Subsection (a) expires on the date of receipt of:
(1)  a permanent license;  or
(2)  a notice from the board that the permit holder has failed the examination.
(d)  The board may issue a temporary permit to practice professional nursing or vocational nursing for the limited purpose of allowing a nurse to satisfy a requirement imposed by the board necessary for:
(1)  renewal of an expired license;
(2)  reactivation of an inactive license;  or
(3)  reissuance of a suspended, revoked, or surrendered license.
(e)  A permit issued under Subsection (d) expires on the earlier of:
(1)  the date of receipt of a permanent license;  or
(2)  six months after the date the permit is issued.
(f)  A person who holds a temporary permit issued under this section is considered to be a licensed registered nurse or vocational nurse for all purposes except to the extent of any stipulation or limitation on practice imposed by the board as a condition of issuing the permit.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.019, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.259. Reciprocal License by Endorsement for Certain Foreign Applicants

Sec. 301.259.  RECIPROCAL LICENSE BY ENDORSEMENT FOR CERTAIN FOREIGN APPLICANTS.  On payment of a fee established by the board, the board may issue a license to practice as a registered nurse or vocational nurse in this state by endorsement without examination to an applicant who holds a registration certificate as a registered nurse or vocational nurse, as applicable, issued by a territory or possession of the United States or a foreign country if the board determines that the issuing agency of the territory or possession of the United States or foreign country required in its examination the same general degree of fitness required by this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.020, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.260. Temporary License by Endorsement

Sec. 301.260.  TEMPORARY LICENSE BY ENDORSEMENT.  (a)  An applicant for a license under this chapter who is licensed as a registered nurse or vocational nurse by another state may qualify for a temporary license by endorsement to practice as a registered nurse or vocational nurse, as applicable, by submitting to the board:
(1)  an endorsement fee as determined by the board and a completed sworn application in the form prescribed by the board;
(2)  evidence that the person possessed, at the time of initial licensing as a nurse, the other qualifications necessary at that time to have been eligible for licensing in this state;  and
(3)  proof of initial licensing by examination and proof that the license and any other license issued to the applicant by another state have not been suspended, revoked, canceled, surrendered, or otherwise restricted.
(b)  A holder of a temporary license under this section is entitled to receive a permanent license if the applicant:
(1)  verifies the applicant's academic and professional credentials;  and
(2)  satisfies any other requirement established by statute.
(c)  The board shall grant or deny an application for a permanent license not later than the 180th day after the date the board receives all required forms or information.  The board may extend that deadline to allow for the receipt and tabulation of examination results.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.021, eff. Sept. 1, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter F. License Requirements › Section 301.261. Inactive Status

Sec. 301.261.  INACTIVE STATUS.  (a)  The board may place on inactive status the license of a person under this chapter who is not actively engaged in the practice of professional nursing or vocational nursing if the person submits a written request to the board in the form and manner determined by the board.  The inactive status begins on the expiration date of the person's license.
(b)  The board shall maintain a list of each person whose license is on inactive status.
(c)  A person whose license is on inactive status may not perform any professional nursing or vocational nursing service or work.
(d)  The board shall remove a person's license from inactive status if the person:
(1)  requests that the board remove the person's license from inactive status;
(2)  pays each appropriate fee;  and
(3)  meets the requirements determined by the board.
(e)  The board by rule shall permit a person whose license is on inactive status and who was in good standing with the board on the date the license became inactive to use, as applicable, the title "Registered Nurse Retired," "R.N. Retired," "Licensed Vocational Nurse Retired," "Vocational Nurse Retired," "L.V.N. Retired," or "V.N. Retired" or another appropriate title approved by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.022, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.301. License Renewal

Sec. 301.301.  LICENSE RENEWAL.  (a)  The board by rule may adopt a system under which licenses expire on various dates during the year.
(b)  A person may renew an unexpired license issued under this chapter on payment to the board of the required renewal fee before the expiration date of the license and compliance with any other renewal requirements adopted by the board. A person whose license has expired may not engage in activities that require a license until the license has been renewed.
(c)  A person whose license has been expired for 90 days or less may renew the license by paying to the board the required renewal fee and a late fee in the amount considered appropriate by the board to encourage timely renewal.
(c-1)  A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board all unpaid renewal fees and a late fee that is equal to twice the amount of a late fee under Subsection (c).
(d)  The board by rule shall set a length of time beyond which an expired license may not be renewed.  The board by rule may establish additional requirements that apply to the renewal of a license that has been expired for more than one year but less than the time limit set by the board beyond which a license may not be renewed.  The person may obtain a new license by submitting to reexamination and complying with the requirements and procedures for obtaining an original license.
(e)  At least 30 days before the expiration of the person's license, the board shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the board.
(f)  A registered nurse who practices professional nursing or a vocational nurse who practices vocational nursing after the expiration of the nurse's license is an illegal practitioner whose license may be revoked or suspended.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.023, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1058 (H.B. 1366), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 21, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 11, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.3011. Criminal History Record Information Requirement for Renewal

Sec. 301.3011.  CRIMINAL HISTORY RECORD INFORMATION REQUIREMENT FOR RENEWAL.  (a)  The board may require that an applicant for renewal of an unexpired license submit to the board, in addition to satisfying any other requirements for license renewal, a complete and legible set of fingerprints, on a form prescribed by the board, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation.
(b)  The board may refuse to renew the license of a person who does not comply with the requirement of Subsection (a).  Renewal of a license by the board is conditioned on the board obtaining the person's criminal history record information under this section.
Added by Acts 2003, 78th Leg., ch. 1102, Sec. 3, eff. Sept. 1, 2003.