reglab/housing_qa huggingface dataset:
TX Occ Code § 301.459 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.459. Formal Hearing

Sec. 301.459.  FORMAL HEARING.  (a)  The board by rule shall adopt procedures under Chapter 2001, Government Code, governing formal disposition of a contested case.  An administrative law judge employed by the State Office of Administrative Hearings shall conduct a formal hearing.  After receiving the administrative law judge's findings of fact and conclusions of law for a contested case, the board shall dispose of the case by issuing a final order based on the administrative law judge's findings of fact and conclusions of law.(a-1)  Notwithstanding Section 2001.058(e), Government Code, the board in a contested case may not change a finding of fact or conclusion of law or vacate or modify an order of the administrative law judge.  The board may obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge as provided by Section 2001.058(f)(5), Government Code.  For each case, the administrative law judge may make a recommendation regarding an appropriate action or sanction.  The board has the sole authority and discretion to determine the appropriate action or sanction.(b)  In any hearing under this section, a nurse is entitled to appear in person or by counsel.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.050, eff. Sept. 1, 2003.Amended by: Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 14, eff. September 1, 2017.|
TX Occ Code § 301.460 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.460. Access to Information

Sec. 301.460.  ACCESS TO INFORMATION.  (a)  Except for good cause shown for delay and subject to any other privilege or restriction set forth by statute, rule, or legal precedent, the board shall, not later than the 30th day after the date the board receives a written request from a license holder who is the subject of a formal charge filed under Section 301.458 or from the license holder's counsel of record, provide the license holder with access to:(1)  all known exculpatory information in the board's possession;  and(2)  information in the board's possession that the board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint.(b)  The board is not required to provide:(1)  board investigative reports or investigative memoranda;(2)  the identity of nontestifying complainants;(3)  attorney-client communications;(4)  attorney work product;  or(5)  other materials covered by a privilege as recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.(c)  The provision of information under Subsection (a) does not constitute a waiver of privilege or confidentiality under this chapter or other applicable law.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.461 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.461. Assessment of Costs Prohibited

Sec. 301.461.  ASSESSMENT OF COSTS PROHIBITED.  The board may not assess a person who is found to have violated this chapter the administrative costs of conducting a hearing to determine the violation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 15, eff. September 1, 2017.|
TX Occ Code § 301.462 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.462. Voluntary Surrender of License

Sec. 301.462.  VOLUNTARY SURRENDER OF LICENSE.  The board may revoke a nurse's license without formal charges, notice, or opportunity of hearing if the nurse voluntarily surrenders the nurse's license to the board and executes a sworn statement that the nurse does not desire to be licensed.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.051, eff. Sept. 1, 2003.|
TX Occ Code § 301.463 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.463. Agreed Disposition

Sec. 301.463.  AGREED DISPOSITION.  (a)  Unless precluded by this chapter or other law, the board may dispose of a complaint by:(1)  stipulation;(2)  agreed settlement;(3)  agreed order;  or(4)  dismissal.(b)  An agreed disposition of a complaint is considered to be a disciplinary order for purposes of reporting under this chapter and an administrative hearing and proceeding by a state or federal regulatory agency regarding the practice of nursing.(c)  An agreed order is a public record.(d)  In civil or criminal litigation an agreed disposition is a settlement agreement under Rule 408, Texas Rules of Evidence.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.052, eff. Sept. 1, 2003.|
TX Occ Code § 301.464 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.464. Informal Proceedings

Sec. 301.464.  INFORMAL PROCEEDINGS.  (a)  The board by rule shall adopt procedures governing:(1)  informal disposition of a contested case under Section 2001.056, Government Code;  and(2)  an informal proceeding held in compliance with Section 2001.054, Government Code.(b)  Rules adopted under this section must:(1)  provide the complainant and the license holder an opportunity to be heard;  and(2)  require the presence of a representative of the board's legal staff or of the attorney general to advise the board or the board's employees.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.465 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.465. Subpoenas; Request for Information

Sec. 301.465.  SUBPOENAS;  REQUEST FOR INFORMATION.  (a)  Notwithstanding Section 2001.089, Government Code, the board may request issuance of a subpoena to be served in any manner authorized by law, including personal service by a board investigator or by certified mail.(b)  Each person shall respond promptly and fully to a request for information by the board or to a subpoena issued by the board.  A request or subpoena may not be refused, denied, or resisted unless the request or subpoena calls for information within the attorney-client privilege.  No other privilege applies to a board proceeding.(c)  The board may pay a reasonable fee for photocopies subpoenaed at the board's request.  The amount paid may not exceed the amount the board charges for copies of its records.(d)  The board shall protect, to the extent possible, the identity of each patient named in information received by the board.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 9, eff. September 1, 2013.|
TX Occ Code § 301.466 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.466. Confidentiality

Sec. 301.466.  CONFIDENTIALITY.  (a)  A complaint and investigation concerning a nurse under this subchapter, all information and material compiled by the board in connection with the complaint and investigation, and the information described by Subsection (d) are:(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 the board or a board employee or agent involved in license holder discipline.(b)  Notwithstanding Subsection (a), information regarding a complaint and an investigation may be disclosed to:(1)  a person involved with the board in a disciplinary action against the nurse;(2)  a nursing licensing or disciplinary board in another jurisdiction;(3)  a peer assistance program approved by the board under Chapter 467, Health and Safety Code;(4)  a law enforcement agency;  or(5)  a person engaged in bona fide research, if all information identifying a specific individual has been deleted.(c)  The filing of formal charges against a nurse by the board, the nature of those charges, disciplinary proceedings of the board, and final disciplinary actions, including warnings and reprimands, by the board are not confidential and are subject to disclosure in accordance with Chapter 552, Government Code.(d)  Notwithstanding Subsection (c), if the board orders a nurse to participate in a peer assistance program approved by the board under Section 467.003, Health and Safety Code, the complaint, filing of formal charges, nature of those charges, final board order, and disciplinary proceedings are subject to disclosure:(1)  only to the same extent as information regarding a complaint is subject to disclosure under Subsection (b); or(2)  in a subsequent matter relating to the board order or a subsequent violation of this chapter or a board rule.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.053, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 10, eff. September 1, 2013.|
TX Occ Code § 301.467 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.467. Reinstatement

Sec. 301.467.  REINSTATEMENT.  (a)  On application, the board may reinstate a license to practice professional nursing or vocational nursing to a person whose license has been revoked, suspended, or surrendered.(b)  An application to reinstate a revoked license:(1)  may not be made before the first anniversary of the date of the revocation;  and(2)  must be made in the manner and form the board requires.(c)  If the board denies an application for reinstatement, it may set a reasonable waiting period before the applicant may reapply for reinstatement.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.054, eff. Sept. 1, 2003.|
TX Occ Code § 301.468 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.468. Probation

Sec. 301.468.  PROBATION.  (a)  The board may determine that an order denying a license application or suspending a license be probated.  A person subject to a probation order shall conform to each condition the board sets as the terms of probation, including a condition:(1)  limiting the practice of the person to, or excluding, one or more specified activities of professional nursing or vocational nursing;(2)  requiring the person to submit to supervision, care, counseling, or treatment by a practitioner designated by the board; or(3)  requiring the person to submit to random drug or alcohol tests in the manner prescribed by the board.(b)  At the time the probation is granted, the board shall establish the term of the probationary period.(c)  At any time while the person remains subject to the probation order, the board may hold a hearing and rescind the probation and enforce the board's original action in denying or suspending the license.  The hearing shall be called by the presiding officer of the board, who shall issue a notice to be served on the person or the person's counsel not later than the 20th day before the date scheduled for the hearing that:(1)  sets the time and place for the hearing;  and(2)  contains the charges or complaints against the probationer.(d)  Notice under Subsection (c) is sufficient if sent by registered or certified mail to the affected person at the person's most recent address as shown in the board's records.(e)  A hearing under this section is limited to a determination of whether the person violated the terms of the probation order under Subsection (a) and whether the board should:(1)  continue, rescind, or modify the terms of probation, including imposing an administrative penalty; or(2)  enter an order denying, suspending, or revoking the person's license.(f)  If one of the conditions of probation is the  prohibition of using alcohol or a drug or participation in a peer assistance program, violation of that condition is established by:(1)  a positive drug or alcohol test result;(2)  refusal to submit to a drug or alcohol test as required by the board; or(3)  a letter of noncompliance from the peer assistance program.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.055, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 14, eff. June 19, 2009.|
TX Occ Code § 301.469 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.469. Notice of Final Action

Sec. 301.469.  NOTICE OF FINAL ACTION.  If the board takes a final disciplinary action, including a warning or reprimand, against a nurse under this subchapter, the board shall immediately send a copy of the board's final order to the nurse and to the last known employer of the nurse.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.056, eff. Sept. 1, 2003.|
TX Occ Code § 301.470 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.470. Refund

Sec. 301.470.  REFUND.  (a)  Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under this chapter.(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to a nurse for a service regulated by this chapter or the actual amount stolen or defrauded from a patient by the nurse.  The board may not require payment of other damages or estimate harm in a refund order.|Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 28, eff. September 1, 2007.|
TX Occ Code § 301.471 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.471. Emergency Cease and Desist Order

Sec. 301.471.  EMERGENCY CEASE AND DESIST ORDER.  (a)  If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of professional nursing or vocational nursing and the board determines that the unauthorized activity constitutes a clear, imminent, or continuing threat to the public health and safety, the board may:(1)  issue an emergency cease and desist order prohibiting the person from engaging in the activity; and(2)  report the activity to a local law enforcement agency or the attorney general for prosecution.(b)  An order issued under Subsection (a) must:(1)  be delivered on issuance to the person affected by the order by personal delivery or registered or certified mail, return receipt requested, to the person's last known address;(2)  state the acts or practices alleged to be an unauthorized activity and require the person immediately to cease and desist from the unauthorized activity; and(3)  contain a notice that a request for hearing may be filed under this section.(c)  Unless the person against whom the emergency cease and desist order is directed requests a board hearing in writing before the 11th day after the date it is served on the person, the order is final and nonappealable as to that person.  A request for a board hearing must:(1)  be in writing and directed to the board; and(2)  state the grounds for the request to set aside or modify the order.(d)  On receiving a request for a hearing, the board shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested.  The hearing must be held not later than the 10th day after the date the board receives the request for a hearing unless the parties agree to a later hearing date.  A hearing under this subsection is subject to Chapter 2001, Government Code.(e)  After the hearing, the board shall affirm, modify, or set aside wholly or partly the emergency cease and desist order.  An order affirming or modifying the emergency cease and desist order is immediately final for purposes of enforcement and appeal.(f)  An order under this section continues in effect unless the order is stayed by the board.  The board may impose any condition before granting a stay of the order.(g)  The board may release to the public a final cease and desist order issued under this section or information regarding the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest.(h)  A violation of an order issued under this section constitutes grounds for imposing an administrative penalty under this chapter.|Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 28, eff. September 1, 2007.|
TX Occ Code § 301.501 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.501. Imposition of Penalty

Sec. 301.501.  IMPOSITION OF PENALTY.  The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.502 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.502. Amount of Penalty

Sec. 301.502.  AMOUNT OF PENALTY.  (a)  The amount of the administrative penalty may not exceed $5,000 for each violation.  Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.(b)  The amount of the penalty shall be based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of any prohibited acts;  and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the economic harm to property or the environment caused by the violation;(3)  the history of previous violations;(4)  the amount necessary to deter a future violation;(5)  efforts made to correct the violation;  and(6)  any other matter that justice may require.|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. 29, eff. September 1, 2007.|
TX Occ Code § 301.503 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.503. Report and Notice of Violation and Penalty

Sec. 301.503.  REPORT AND NOTICE OF VIOLATION AND PENALTY.  (a)  If the executive director determines that a violation has occurred, the executive director may issue to the board a report stating:(1)  the facts on which the determination is based;  and(2)  the director's recommendation on the imposition of the administrative penalty, including a recommendation on the amount of the penalty.(b)  Not later than the 14th day after the date the report is issued, the executive director shall give written notice of the report to the person on whom the penalty may be imposed.  The notice may be given by certified mail.  The notice must:(1)  include a brief summary of the alleged violation;(2)  state the amount of the recommended penalty;  and(3)  inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.1245, eff. Sept. 1, 2001.|
TX Occ Code § 301.504 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.504. Penalty to Be Paid or Hearing Requested

Sec. 301.504.  PENALTY TO BE PAID OR HEARING REQUESTED.  (a)  Not later than the 20th day after the date the person receives the notice, the person may:(1)  accept the executive director's determination and recommended administrative penalty in writing;  or(2)  make a written request for a hearing on the occurrence of the violation, the amount of the penalty, or both.(b)  If the person accepts the executive director's determination and recommended penalty, the board by order shall approve the determination and impose the recommended penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.505 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.505. Hearing

Sec. 301.505.  HEARING.  (a)  If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing and give notice of the hearing to the person.(b)  An administrative law judge of the State Office of Administrative Hearings shall hold the hearing.(c)  The administrative law judge shall make findings of fact and conclusions of law and promptly issue to the board a proposal for decision as to the occurrence of the violation and the amount of any proposed administrative penalty.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.506 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter K. Administrative Penalty|Section 301.506. Decision by Board

Sec. 301.506.  DECISION BY BOARD.  (a)  Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may:(1)  find that a violation occurred and impose an administrative penalty;  or(2)  find that a violation did not occur.(b)  The notice of the board's order given to the person under Chapter 2001, Government Code, must include a statement of the right of the person to judicial review of the order.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|