Law:Title 2. Health. Subtitle E. Health Care Councils And Resource Centers from Chapter 105. Health Professions Resource Center (Texas)

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Subtitle E. Health Care Councils And Resource Centers

Contents

Chapter 105. Health Professions Resource Center

Section  105.001.  Definitions.

In this chapter:

(1)  "Health profession" means any health or allied health profession that is licensed, certified, or registered by a state board, agency, or association.

(2)  "Council" means the statewide health coordinating council.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 40, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1386, Sec. 3, eff. Sept. 1, 1997.



Section  105.002.  Establishment Of Center.

(a) In conjunction with the Texas Higher Education Coordinating Board and in such a way as to avoid duplication of effort, the council shall establish a comprehensive health professions resource center for the collection and analysis of educational and employment trends for health professions in this state.

(b)  In conjunction with the committee formed under Section 104.0155, to avoid duplication of effort, and to the extent funding is available through fees collected under Section 301.155(c), Occupations Code, the council shall establish a nursing resource section within the center for the collection and analysis of educational and employment trends for nurses in this state.

(c)  If the nursing resource section established under Subsection (b) is funded from surcharges collected under Section 301.155(c), Occupations Code, the council shall provide the Texas Board of Nursing with an annual accounting of the money received from the board.  The council may expend a reasonable amount of the money to pay administrative costs of maintaining the nursing resource section.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 40, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1386, Sec. 4, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 728, Sec. 9, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 113, Sec. 1, eff. May 20, 2005.

Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 62, eff. September 1, 2007.



Section  105.003.  Collection Of Data.

(a) The council shall place a high priority on collecting and disseminating data on health professions demonstrating an acute shortage in this state, including:

(1)  data concerning nursing personnel; and

(2)  data concerning the health professions in which shortages occur in rural areas.

(b)  To the extent possible, the council may collect the data from existing sources that the council determines are credible. The council may enter agreements with those sources that establish guidelines concerning the identification, acquisition, transfer, and confidentiality of the data.

(c)  The Department of Information Resources, through TexasOnline and in consultation with the council and the Health Professions Council, shall add and label as "mandatory" the following fields on an application or renewal form for a license, certificate, or registration for a person subject to Subsection (c-2):

(1)  full name and last four digits of social security number;

(2)  full mailing address; and

(3)  educational background and training, including basic health professions degree, school name and location of basic health professions degree, and graduation year for basic health professions degree, and, as applicable, highest professional degree obtained, related professional school name and location, and related graduation year.

(c-1)  The Department of Information Resources, through TexasOnline and in consultation with the council and the Health Professions Council, shall add the following fields on an application or renewal form for a license, certificate, or registration for a person subject to Subsection (c-2):

(1)  date and place of birth;

(2)  sex;

(3)  race and ethnicity;

(4)  location of high school;

(5)  mailing address of primary practice;

(6)  number of hours per week spent at primary practice location;

(7)  description of primary practice setting;

(8)  primary practice information, including primary specialty practice, practice location zip code, and county; and

(9)  information regarding any additional practice, including description of practice setting, practice location zip code, and county.

(c-2)  The following health professionals are subject to this section:

(1)  audiologists;

(2)  chiropractors;

(3)  licensed professional counselors;

(4)  licensed chemical dependency counselors;

(5)  dentists;

(6)  dental hygienists;

(7)  emergency medical services personnel;

(8)  marriage and family therapists;

(9)  medical radiologic technologists;

(10)  licensed vocational nurses;

(11)  registered nurses;

(12)  certified nurse aides;

(13)  occupational therapists;

(14)  optometrists;

(15)  pharmacists;

(16)  physical therapists;

(17)  physicians;

(18)  physician assistants;

(19)  psychologists;

(20)  social workers; and

(21)  speech-language pathologists.

(c-3)  The relevant members of the Health Professions Council shall encourage each person described by Subsection (c-2) licensed, certified, or registered under that council's authority to submit application and renewal information under Subsections (c) and (c-1) through the system developed by the Department of Information Resources and TexasOnline.

(d)  To the extent feasible, the council shall use a researcher with a doctorate in nursing to collect, analyze, and disseminate nursing data that may be used to predict supply and demand for nursing personnel in this state using appropriate federal or state supply-and-demand models. The nursing data must at least:

(1)  include demographics, areas of practice, supply, demand, and migration; and

(2)  be analyzed to identify trends relating to numbers and geographical distribution, practice setting, and area of practice and, to the extent possible, compare those trends with corresponding national trends.

(e)  Data received under this section by the nursing resource section established under Section 105.002 that contains information identifying specific patients or health care facilities is confidential, is not subject to disclosure under Chapter 552, Government Code, and may not be released unless all identifying information is removed.

(f)  The relevant members of the Health Professions Council, in conjunction with the Department of Information Resources, shall ensure that the information collected under Subsections (c) and (c-1) is transmitted to the statewide health coordinating council.  The council shall store the information as needed and conduct related workforce studies, including a determination of the geographical distribution of the reporting professionals.

(g)  The relevant members of the Health Professions Council, in conjunction with the Department of Information Resources, shall ensure that the following information is submitted to the statewide health coordinating council for a person subject to Subsection (c-2):

(1)  certification, registration, or license number;

(2)  issuance date;

(3)  method of certification, registration, or licensure; and

(4)  certification, registration, or licensure status.

(h)  The Department of Information Resources shall work with the health occupation regulatory agencies that are members of the Health Professions Council to minimize the costs to Health Professions Council members of obtaining the information under Subsections (c) and (c-1).  The Department of Information Resources shall provide the Health Professions Council with the appropriate federal information processing standards code based on the information in Subsections (c-1)(8) and (9).

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 40, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1386, Sec. 5, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 728, Sec. 10, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 113, Sec. 2, eff. May 20, 2005.

Acts 2007, 80th Leg., R.S., Ch. 486, Sec. 1, eff. March 1, 2008.



Section  105.004.  Reports.

(a) The council may use the data collected and analyzed under this chapter to publish reports regarding:

(1)  the educational and employment trends for health professions;

(2)  the supply and demand of health professions; and

(3)  other issues, as necessary, concerning health professions in this state.

(b)  The council shall publish reports regarding the data collected and analyzed under this chapter related to:

(1)  the educational and employment trends of nursing professionals;

(2)  the supply and demand of nursing professionals; and

(3)  other issues, as determined necessary by the council, concerning nursing professionals in this state.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 40, eff. Sept. 1, 1991. Amended by Acts 1997, 75th Leg., ch. 1386, Sec. 6, eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 728, Sec. 11, eff. June 20, 2003.



Section 105.005.  Rules.

The executive commissioner of the Health and Human Services Commission may adopt rules to govern the reporting and collection of data.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 40, eff. Sept. 1, 1991.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 797, Sec. 10, eff. June 19, 2009.



Section  105.006.  Assistance Of Other State Agencies.

The Texas Higher Education Coordinating Board or the department may require the assistance of other state agencies or institutions of higher education for the development of, or the collection of data for, any report.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 40, eff. Sept. 1, 1991. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10.001(a), eff. Sept. 1, 2003.



Section  105.007.  Clearinghouse.

(a) As part of the comprehensive health professions resource center, the council shall develop and establish a clearinghouse for health professionals seeking collaborative practice.

(b)  The council may:

(1)  set and collect a reasonable fee to offset the cost of complying with this section;

(2)  solicit, receive, and spend grants, gifts, and donations from public and private sources to comply with this section; and

(3)  contract with public or private entities in the performance of its responsibilities under this section.

Added by Acts 1995, 74th Leg., ch. 965, Sec. 1, eff. June 16, 1995. Amended by Acts 1997, 75th Leg., ch. 1386, Sec. 7, eff. Sept. 1, 1997.



Section 105.008.  Study Of Alternate Ways To Assure Clinical Competency Of Graduates Of Nursing Educational Programs.

(a) In this section:

(1)  "Clinical competency assessment program" means a professional nursing prelicensure program that  employs a criterion-referenced summative performance examination, developed by subject matter experts, to verify its graduates' attainment of the clinical competency necessary for initial licensure as a registered nurse.

(2)  "Professional nursing prelicensure program" means a professional nursing educational program that prepares students to obtain an initial license as a registered nurse.

(3)  "Research study" means the study described by Subsection (b).

(4)  "Supervised clinical learning experiences program" means a professional nursing prelicensure program that requires students to complete a required number of supervised clinical learning experiences provided by qualified clinical faculty involving multiple, ongoing assessments and feedback.

(b)  To the extent funding is available, the nursing resource section established under Section 105.002(b) shall conduct a research study to identify:

(1)  a set of expected student outcomes in terms of clinical judgment and behaviors that professional nursing students should possess at the time of graduation from a professional nursing prelicensure program;

(2)  standardized, reliable, and valid clinical exit evaluation tools that could be used to evaluate the competencies in clinical judgment and behaviors that professional nursing students possess at the time of graduation from a professional nursing prelicensure program;

(3)  any correlation between the success rate of graduates of professional nursing prelicensure programs on standardized clinical exit evaluation tools and their educational and experiential background, including:

(A)  length and type of health care work experience before entering the professional nursing prelicensure programs;

(B)  health care work experience during the professional nursing prelicensure programs; and

(C)  alternative methods of teaching clinical judgment and behaviors, including supervised clinicals and simulation laboratories; and

(4)  any correlation between the required number of hours in supervised clinical learning experiences and expected student outcomes in terms of clinical judgment and behaviors.

(c)  In addition to any other objective, the research study must be designed to determine if the graduates of a clinical competency assessment program are substantially equivalent to the graduates of supervised clinical learning experiences programs in terms of clinical judgments and behaviors.  For purposes of this subsection, the clinical competency assessment program must be one that:

(1)  has been requiring a clinical competency assessment for at least 10 years;

(2)  has students who reside in this state;

(3)  has graduates who have been considered by the Texas Board of Nursing to be eligible to apply for a registered nurse license as a result of graduating from the program on or before January 1, 2007; and

(4)  conducts the clinical competency assessment at a facility or facilities located in this state under the supervision of a qualified clinical faculty member who is a registered nurse and who holds a master's or doctoral degree in nursing.

(d)  Considerations to be used in determining substantial equivalence under Subsection (c) must include the differences between the clinical competency assessment program and the supervised clinical learning experiences program in:

(1)  the methods of evaluating students' clinical judgment and behaviors;

(2)  performance on standardized clinical exit evaluation tools;

(3)  the ability of graduates to transition to and assimilate in the registered nurse's role; and

(4)  passage rates on the National Council Licensure Examination.

(e)  The nursing resource section shall contract with an independent researcher to develop the research design and conduct the research. The independent researcher must be selected by a selection committee composed of:

(1)  one representative elected by a majority of the nursing advisory committee under Section 104.0155, who is the chair of the selection committee;

(2)  one representative designated by the Texas Health Care Policy Council;

(3)  the presiding officer of the Texas Board of Nursing;

(4)  one representative of the Texas Higher Education Coordinating Board, designated by the governor;

(5)  one representative designated by the Texas Hospital Association;

(6)  one representative designated by the Texas Association of Business;

(7)  one representative designated by a clinical competency assessment program that meets the requirements of Section 301.157(d-8), Occupations Code; and

(8)  the nurse researcher member of the nursing advisory committee under Section 104.0155.

(f)  The nursing resource section shall complete the study not later than June 30, 2014, and shall submit a report to the office of the governor, the Senate Committee on Health and Human Services, and the House Committee on Public Health.  The report must include a research abstract prepared by the independent researcher.

(g)  The nursing resource section may cooperate with the Texas Board of Nursing and the Texas Higher Education Coordinating Board in conducting the study.

(h)  The nursing advisory committee formed under Section 104.0155 shall serve as the oversight committee for the study.

(i)  Any data collected as part of the study that contains information identifying specific students, patients, or health care facilities is confidential, is not subject to disclosure under Chapter 552, Government Code, and may not be released unless all identifying information is removed.

(j)  In addition to funds appropriated by the legislature, the nursing resource section may solicit, receive, and spend grants, gifts, and donations from public or private sources for the purpose of conducting the study.

(k)  If grants or other funds are available through the National Council of State Boards of Nursing that could be used to fund the study, the nursing resource section shall apply for the funds to the maximum amount available up to the estimated cost of the study.  In making the application or accepting the funding, the nursing resource section may not relinquish any oversight responsibility for the study, including responsibility for designing and conducting the research or developing the findings.

Added by Acts 2009, 81st Leg., R.S., Ch. 999, Sec. 16, eff. June 19, 2009.


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