Legislative Summary: 88th Texas Legislative Session The following is a summary of bills relating to the practice of nursing in Texas reported on in the Legislative Report on the 88th Regular Texas Legislative Session at the July 2023 Board of Nursing (BON) Board Meeting. The full report can be viewed at: https://www.bon.texas.gov/pdfs/board_ meetings_pdfs/2023/July/1-3.pdf For the full text of the bills included in this summary, visit www. capitol.state.tx.us.
Bills Amending the Nursing Practice Act House Bill (HB) 2187 by Representative Yvonne Davis Relates to increased penalties for conviction for abandoning or endangering of elderly or disabled individuals. HB 2187 amends the Nursing Practice Act (NPA), Subchapter G, Chapter 301, Occupations Code, Section 301.4535(a). HB 4123 by Representative Ryan Guillen Relates to the dissemination of criminal history record information by the Department of Public Safety. HB 4123 amends the NPA, Subchapter G, Chapter 301, Occupations Code, Sections 301.2511(a), and (c). Senate Bill (SB) 1343 by Senator Morgan Lamantia Amends Section 301.051 of the Occupations Code to increase the size of the Board to 15 members. The two new positions on the Board will include an additional Advanced Practice Registered Nurse (APRN) representative and an additional consumer representative. Requires the Board to adopt rules to appoint APRNs to review and assist with complaints and investigations related to alleged standard of care violations by APRNs. The APRN reviewer must practice within the same role and population focus and must provide for the report of the expert reviewer to be included with notice of informal proceedings. The rules required by this section must be adopted no later than February 1, 2024. SB 1429 by Senator Chuy Hinojosa Prohibits the use of a standardized examination as a graduation requirement or to deny students an affidavit of graduation. Lists acceptable uses of standardized examinations. Requires
rules related to the use of standardized exams to be adopted as soon as practicable after the effective date. SB 1429 adds new Section 301.1571 to the NPA. SB 1659 by Senator Charles Schwertner SB 1659 amends Sec. 301.003 to postpone review of the Board of Nursing and other agencies by the Sunset Advisory Commission from the 20282029 review cycle to the 2032-2033 review cycle.
Other Bills Relating to Nursing HB 44 by Representative Valoree Swanson Under HB 44, a provider who participates in Medicaid or the child health plan program may not refuse to provide health care services to a Medicaid recipient or child health plan program enrollee based solely on the recipient’s or enrollee’s refusal or failure to obtain a vaccine or immunization for a particular infectious or communicable disease. HB 49 by Representative Stephanie Klick Amendments to the Health and Safety Code will now require public access to certain hospital investigation information and materials. HB 473 by Representative Lacey Hull Before a school’s Threat Assessment and Safe and Supportive School Team can conduct a threat assessment of a student the team must notify a parent or other person standing in parental relation and provide them with the opportunity to participate. Following completion of the assessment the parent or other person shall be given the findings and conclusions of the 7
assessment. School nurses working in support of these teams will need to be aware of the requirements of this bill to ensure compliance. HB 617 by Representative Drew Darby HB 617 establishes a pilot program for emergency telemedicine services in rural areas. Aims to provide emergency medical services instruction via telemedicine to healthcare and EMS providers in rural areas. HB 755 by Representative Julie Johnson HB 755 amends Chapter 1369 of the Insurance Code to prohibit most health benefit plans that provide prescription drug benefits from requiring an enrollee to receive more than one prior authorization annually for prescription drugs used to treat an autoimmune disease, hemophilia, or Von Willebrand disease. Some exceptions apply. APRNs who prescribe these drugs and nurses who work with patients who take these drugs should be aware. HB 852 by Representative Shawn Thierry HB 852 amends Chapter 34 of the Health and Safety Code to expand the membership of the Texas Maternal Mortality and Morbidity Review Committee to include additional members whose areas of expertise are not currently represented. There was no change to the existing nursing representation on this committee. HB 916 by Representative Claudia Ordaz HB 916 amends Chapter 1369 of the Insurance Code to require most health benefit plans that provide benefits for continued on next page
