H.B. No. 1483

   AN ACT

  relating to the regulation of the practice of nursing
by the Board of Nurse Examiners and to the abolition
of the Board of Vocational Nurse Examiners and the
transfer of the functions of that agency to the Board
of Nurse Examiners.

	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1.  SINGLE NURSING BOARD

[ARTICLE 1 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]

ARTICLE 2.  CONFORMING AMENDMENTS

[SECTIONS 2.001-2.002 omitted from website. The full text is available at
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	SECTION 2.003.  Section 232.002, Family Code, is amended
to read as follows:

	Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.
 The following are licensing authorities subject to
this chapter:

		(1)  Department of Agriculture;

		(2)  Texas Commission on Alcohol and Drug Abuse;

		(3)  Texas Alcoholic Beverage Commission;

		(4)  Texas Appraiser Licensing and Certification Board;

		(5)  Texas Board of Architectural Examiners;

		(6)  State Board of Barber Examiners;

		(7)  Texas Board of Chiropractic Examiners;

		(8)  Comptroller of Public Accounts;

		(9)  Texas Cosmetology Commission;

		(10)  Court Reporters Certification Board;

		(11)  State Board of Dental Examiners;

		(12)  Texas State Board of Examiners of Dietitians;

		(13)  Texas Funeral Service Commission;

		(14)  Texas Department of Health;

		(15)  Texas Department of Human Services;

		(16)  Texas Board of Professional Land Surveying;

		(17)  Texas Department of Licensing and Regulation;

		(18)  Texas State Board of Examiners of Marriage and
Family Therapists;

		(19)  Texas State Board of Medical Examiners;

		(20)  Midwifery Board;

		(21)  Texas Commission on Environmental Quality
[Natural Resource Conservation Commission];

		(22)  Board of Nurse Examiners;

		(23)  Texas Board of Occupational Therapy Examiners;

		(24)  Texas Optometry Board;

		(25)  Parks and Wildlife Department;

		(26)  Texas State Board of Examiners of Perfusionists;

		(27)  Texas State Board of Pharmacy;

		(28)  Texas Board of Physical Therapy Examiners;

		(29)  Texas State Board of Plumbing Examiners;

		(30)  Texas State Board of Podiatric Medical Examiners;

		(31)  Polygraph Examiners Board;

		(32)  Texas Commission on Private Security;

		(33)  Texas State Board of Examiners of Professional
Counselors;

		(34)  Texas Board of Professional Engineers;

		(35)  Department of Protective and Regulatory Services;

		(36)  Texas State Board of Examiners of Psychologists;

		(37)  Texas State Board of Public Accountancy;

		(38)  Department of Public Safety of the State of Texas;

		(39)  Public Utility Commission of Texas;

		(40)  Railroad Commission of Texas;

		(41)  Texas Real Estate Commission;

		(42)  State Bar of Texas;

		(43)  Texas State Board of Social Worker Examiners;

		(44)  State Board of Examiners for Speech-Language Pathology
and Audiology;

		(45)  Texas Structural Pest Control Board;

		(46)  Board of Tax Professional Examiners;

		(47)  Secretary of State;

		(48)  Supreme Court of Texas;

		(49)  Texas Transportation Commission;

		(50)  State Board of Veterinary Medical Examiners;

		(51)  [Board of Vocational Nurse Examiners;

		[(52)]  Texas Ethics Commission;

		(52) [(53)]  Advisory Board
of Athletic Trainers;

		(53) [(54)]  State Committee
of Examiners in the Fitting and Dispensing of Hearing
Instruments;

		(54) [(55)]  Texas Board of
Licensure for Professional Medical Physicists;

		(55) [(56)]  Texas Department
of Insurance;

		(56) [(57)]  Texas Board of
Orthotics and Prosthetics;

		(57) [(58)]  savings and loan
commissioner;

		(58) [(59)]  Texas Juvenile
Probation Commission; and

		(59) [(60)]  Texas Lottery Commission
under Chapter 466, Government Code.

[SECTIONS 2.004-2.016 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]

	SECTION 2.017.  Section 22.011(c)(3), Penal Code, is
amended to read as follows:

		(3)  "Health care services provider" means:

			(A)  a physician licensed under Subtitle B, Title 3,
Occupations Code;

			(B)  a chiropractor licensed under Chapter 201, Occupations
Code;

			(C)  [a licensed vocational nurse licensed under
Chapter 302, Occupations Code;

			[(D)]  a physical therapist licensed
under Chapter 453, Occupations Code;

			(D) [(E)]  a physician assistant
licensed under Chapter 204, Occupations Code; or

			(E) [(F)]  a registered nurse,
a vocational nurse, or an advanced practice nurse
licensed under Chapter 301, Occupations Code.

[SECTIONS 2.018-2.030 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]

ARTICLE 3.  REPEALER; TRANSITION;
EFFECTIVE DATE

	SECTION 3.001.  On February 1, 2004, the following laws
are repealed:

		(1)  Chapter 302, Occupations Code; and

		(2)  Section 303.002(a), Occupations Code.

	SECTION 3.002.  (a)  This section provides for the appointment
of members to the Board of Nurse Examiners for terms
beginning February 1, 2004, to establish the staggering
of members' terms in accordance with Sections 301.051
and 301.054, Occupations Code, as amended by this Act.

	(b)  The term of one of two registered nurse members
of the Board of Nurse Examiners scheduled to expire
in 2007 expires January 31, 2004.  Those members shall
agree or draw lots to determine whose term expires
on that date.  Effective February 1, 2004, the governor
shall appoint one person who is a nurse faculty member
of a school of nursing offering vocational nurse training
to fill that vacancy and to serve a term expiring January
31, 2007.

	(c)  Effective February 1, 2004, the governor shall
appoint one person who shall serve as a public member
of the Board of Nurse Examiners with a term expiring
January 31, 2009, as provided under Section 301.051,
Occupations Code, as amended by this Act.

	(d)  Effective February 1, 2004, the governor shall
appoint three additional members to the Board of Nurse
Examiners to serve in the position of vocational nurse,
as provided under Section 301.051, Occupations Code,
as amended by this Act.  In appointing those members,
the governor shall appoint one person to a term expiring
January 31, 2005, one to a term expiring January 31,
2007, and one to a term expiring January 31, 2009.

	SECTION 3.003.  (a)  On February 1, 2004:

		(1)  all functions and activities performed by the Board
of Vocational Nurse Examiners immediately before that
date are transferred to the Board of Nurse Examiners;

		(2)  a  rule or form adopted by the Board of Vocational
Nurse Examiners is a rule or form of the Board of Nurse
Examiners and remains in effect until amended or replaced
by that board;

		(3)  a reference in law or an administrative rule to
the Board of Vocational Nurse Examiners means the Board
of Nurse Examiners;

		(4)  a complaint, investigation, or other proceeding
before the Board of Vocational Nurse Examiners is transferred
without change in status to the Board of Nurse Examiners,
and the Board of Nurse Examiners assumes, as appropriate
and without a change in status, the position of the
Board of Vocational Nurse Examiners in an action or
proceeding to which the Board of Vocational Nurse Examiners
is a party;

		(5)  all money, contracts, leases, property, and obligations
of the Board of Vocational Nurse Examiners are transferred
to the Board of Nurse Examiners;

		(6)  a license issued by the Board of Vocational Nurse
Examiners is a license of the Board of Nurse Examiners;

		(7)  an employee of the Board of Vocational Nurse Examiners,
except for the Board of Vocational Nurse Examiners'
executive director, becomes an employee of the Board
of Nurse Examiners; and

		(8)  the unexpended and unobligated balance of any money
appropriated by the legislature for the Board of Vocational
Nurse Examiners is transferred to the Board of Nurse
Examiners.

	(b)  Before February 1, 2004, the Board of Vocational
Nurse Examiners may agree with the Board of Nurse Examiners
to transfer any property of the Board of Vocational
Nurse Examiners to the Board of Nurse Examiners to
implement the transfer required by this section.

	(c)  In the period beginning on the effective date of
this Act and ending on January 31, 2004, the Board
of Vocational Nurse Examiners shall continue to perform
functions and activities under Chapter 302, Occupations
Code, or other law as if that chapter had not been
repealed or other law had not been amended by this
Act, and the former law is continued in effect for
that purpose.

	SECTION 3.004.  (a)  Not later than June 1, 2004, the
Board of Nurse Examiners shall adopt the rules required
by Section 301.305, Occupations Code, as added by this
Act.

	(b)  A license holder may not be required to complete
the continuing education requirements imposed by Section
301.305, Occupations Code, as added by this Act, before
June 1, 2006.

	(c)  As part of the next review conducted under Section
301.003, Occupations Code, as amended by this Act,
the Sunset Advisory Commission shall evaluate the necessity
and effectiveness of mandating continuing education
courses for nurses on specific topics.

	SECTION 3.005.  In the event of a conflict between a
provision of this Act and another Act passed by the
78th Legislature, Regular Session, 2003, that becomes
law, this Act prevails and controls regardless of the
relative dates of enactment.

	SECTION 3.006.  (a)  Except as provided by Subsection
(b) of this section, this Act takes effect September
1, 2003.

	(b)  Article 2 of this Act takes effect February 1,
2004.

   President of the Senate		Speaker of the House