reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.4515. Use of Certain Nursing Titles

Sec. 301.4515.  USE OF CERTAIN NURSING TITLES.  Unless the person is practicing under the delegated authority of a registered nurse or is otherwise authorized by state or federal law, a person may not use, in connection with the person's name:
(1)  the title "nurse aide," "nurse assistant," or "nurse technician";  or
(2)  any other similar title.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 8, eff. June 20, 2003.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.453. Disciplinary Authority of Board; Methods of Discipline

Sec. 301.453.  DISCIPLINARY AUTHORITY OF BOARD;  METHODS OF DISCIPLINE.  (a)  If the board determines that a person has committed an act listed in Section 301.452(b), the board shall enter an order imposing one or more of the following:
(1)  denial of the person's application for a license, license renewal, or temporary permit;
(2)  issuance of a written warning;
(3)  administration of a public reprimand;
(4)  limitation or restriction of the person's license, including:
(A)  limiting to or excluding from the person's practice one or more specified activities of nursing; or
(B)  stipulating periodic board review;
(5)  suspension of the person's license;
(6)  revocation of the person's license; or
(7)  assessment of a fine.
(b)  In addition to or instead of an action under Subsection (a), the board, by order, may require the person to:
(1)  submit to care, counseling, or treatment by a health provider designated by the board as a condition for the issuance or renewal of a license;
(2)  participate in a program of education or counseling prescribed by the board, including a program of remedial education;
(3)  practice for a specified period under the direction of a registered nurse or vocational nurse designated by the board;
(4)  perform public service the board considers appropriate; or
(5)  abstain from the consumption of alcohol or the use of drugs and submit to random periodic screening for alcohol or drug use.
(c)  The board may probate any penalty imposed on a nurse and may accept the voluntary surrender of a license.  The board may not reinstate a surrendered license unless it determines that the person is competent to resume practice.
(d)  If the board suspends, revokes, or accepts surrender of a license, the board may impose conditions for reinstatement that the person must satisfy before the board may issue an unrestricted license.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.046, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 11, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.4531. Schedule of Sanctions

Sec. 301.4531.  SCHEDULE OF SANCTIONS.  (a)  The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter.  In adopting the schedule of sanctions, the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.
(b)  In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the board shall consider:
(1)  whether the person:
(A)  is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or
(B)  has previously been the subject of disciplinary action by the board and has previously complied with board rules and this chapter;
(2)  the seriousness of the violation;
(3)  the threat to public safety; and
(4)  any mitigating factors.
(c)  In the case of a person described by:
(1)  Subsection (b)(1)(A), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a single violation; and
(2)  Subsection (b)(1)(B), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a person who has not previously been the subject of disciplinary action by the board.
Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 27, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.454. Notice and Hearing

Sec. 301.454.  NOTICE AND HEARING.  (a)  Except in the case of a temporary suspension authorized under Section 301.455 or 301.4551 or an action taken in accordance with an agreement between the board and a license holder, the board may not take any disciplinary action relating to a license unless:
(1)  the board has served notice to the license holder of the facts or conduct alleged to warrant the intended action; and
(2)  the license holder has been given an opportunity, in writing or through an informal meeting, to show compliance with all requirements of law for the retention of the license.
(b)  If an informal meeting is held, a board member, staff member, or board representative who attends the meeting is considered to have participated in the hearing of the case for the purposes of ex parte communications under Section 2001.061, Government Code.
(c)  A person is entitled to a hearing conducted by the State Office of Administrative Hearings if the board proposes to:
(1)  refuse to admit the person to examination;
(2)  refuse to issue a license or temporary permit;
(3)  refuse to renew a license;  or
(4)  suspend or revoke the person's license or permit.
(d)  The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the board for any sanction imposed as the result of a hearing conducted by that office.
(e)  Notwithstanding Subsection (a), a person is not entitled to a hearing on a refusal to renew a license if the person:
(1)  fails to submit a renewal application;  or
(2)  submits an application that:
(A)  is incomplete;
(B)  shows on its face that the person does not meet the renewal requirements;  or
(C)  is not accompanied by the correct fee.
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. 7, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.455. Temporary License Suspension or Restriction

Sec. 301.455.  TEMPORARY LICENSE SUSPENSION OR RESTRICTION.  (a)  The license of a nurse shall be temporarily suspended or restricted on a determination by a majority of the board or a three-member committee of board members designated by the board that, from the evidence or information presented, the continued practice of the nurse would constitute a continuing and imminent threat to the public welfare.
(b)  A license may be temporarily suspended or restricted under this section without notice or hearing on the complaint if:
(1)  institution of proceedings for a hearing before the State Office of Administrative Hearings is initiated simultaneously with the temporary suspension or determination to restrict; and
(2)  a hearing is held as soon as possible under this chapter and Chapter 2001, Government Code.
(c)  The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 17th day after the date of the temporary suspension or restriction to determine whether probable cause exists that a continuing and imminent threat to the public welfare exists.  The probable cause hearing shall be conducted as a de novo hearing.
(d)  A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension or restriction.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.047, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1058 (H.B. 1366), Sec. 5, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 5, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.4551. Temporary License Suspension for Drug or Alcohol Use

Sec. 301.4551.  TEMPORARY LICENSE SUSPENSION FOR DRUG OR ALCOHOL USE.  (a)  The board shall temporarily suspend the license of a nurse as provided by Section 301.455 if the nurse is under a board order prohibiting the use of alcohol or a drug or requiring the nurse to participate in a peer assistance program, and the nurse:
(1)  tests positive for alcohol or a prohibited drug;
(2)  refuses to comply with a board order to submit to a drug or alcohol test; or
(3)  fails to participate in the peer assistance program and the program issues a letter of dismissal and referral to the board for noncompliance.
(b)  For the purposes of Section 301.455(c), proof of the elements required for the board to suspend a license under this section is proof that probable cause of a continuing and imminent threat to the public welfare exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 13, eff. June 19, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.456. Evidence

Sec. 301.456.  EVIDENCE.  A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.124(b), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.4575. Procedures for Expert Advanced Practice Registered Nurse Review

Sec. 301.4575.  PROCEDURES FOR EXPERT ADVANCED PRACTICE REGISTERED NURSE REVIEW.  An expert advanced practice registered nurse reviewing a complaint against an advanced practice registered nurse under Section 301.457(h) shall:
(1)  determine whether the advanced practice registered nurse who is the subject of the complaint has violated the standard of care applicable to the circumstances of the complaint; and
(2)  issue a preliminary written report of that determination to the board.
Added by Acts 2023, 88th Leg., R.S., Ch. 158 (S.B. 1343), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter J. Prohibited Practices and Disciplinary Actions › Section 301.458. Initiation of Formal Charges; Discovery

Sec. 301.458.  INITIATION OF FORMAL CHARGES;  DISCOVERY.  (a)  Unless there is an agreed disposition of the complaint under Section 301.463, if probable cause is found under Section 301.457(e)(2), the board or the board's authorized representative shall file formal charges against the nurse.
(b)  A formal charge must:
(1)  be written;
(2)  be specific enough to enable a person of common understanding to know what is meant by the formal charge;  and
(3)  contain a degree of certainty that gives the person who is the subject of the formal charge notice of each particular act alleged to violate a specific statute, board rule, or board order.
(c)  A copy of the formal charge shall be served on the nurse or the nurse's counsel of record.
(d)  The board shall adopt reasonable rules to promote discovery by each party to a contested case.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.049, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 8, eff. September 1, 2013.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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;
(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; and
(3)  if the complaint includes an allegation that an advanced practice registered nurse has violated the standard of care, require that notice of the informal proceeding includes a copy of the report prepared by the expert reviewer under Section 301.4575, with any identifying information other than the role and population focus of the expert reviewer redacted.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 158 (S.B. 1343), Sec. 4, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter K. Administrative Penalty › Section 301.507. Options Following Decision: Pay or Appeal

Sec. 301.507.  OPTIONS FOLLOWING DECISION:  PAY OR APPEAL.  (a)  Not later than the 30th day after the date the board's order becomes final, the person shall:
(1)  pay the administrative penalty;
(2)  pay the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both;  or
(3)  without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both.
(b)  Within the 30-day period, a person who acts under Subsection (a)(3) may:
(1)  stay enforcement of the penalty by:
(A)  paying the penalty to the court for placement in an escrow account;  or
(B)  giving to the court a supersedeas bond that is approved by the court and that:
(i)  is for the amount of the penalty;  and
(ii)  is effective until judicial review of the board's order is final;  or
(2)  request the court to stay enforcement of the penalty by:
(A)  filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond;  and
(B)  giving a copy of the affidavit to the executive director by certified mail.
(c)  If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received.
(d)  The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.  The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond.
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 K. Administrative Penalty › Section 301.508. Collection of Penalty

Sec. 301.508.  COLLECTION OF PENALTY.  If the person does not pay the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to the attorney general for collection of the penalty.
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 K. Administrative Penalty › Section 301.509. Determination by Court

Sec. 301.509.  DETERMINATION BY COURT.  (a)  If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order the person to pay the full or reduced penalty.
(b)  If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
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 K. Administrative Penalty › Section 301.510. Remittance of Penalty and Interest

Sec. 301.510.  REMITTANCE OF PENALTY AND INTEREST.  (a)  If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final:
(1)  order that the appropriate amount, plus accrued interest, be remitted to the person if the person paid the penalty;  or
(2)  order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond.
(b)  The interest paid under Subsection (a)(1) is the rate charged on loans to depository institutions by the New York Federal Reserve Bank.  The interest shall be paid for the period beginning on the date the penalty is paid and ending on the date the penalty is remitted.
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 K. Administrative Penalty › Section 301.511. Administrative Procedure

Sec. 301.511.  ADMINISTRATIVE PROCEDURE.  A proceeding under this subchapter is subject to Chapter 2001, Government Code.
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 L. Other Penalties and Enforcement Provisions › Section 301.551. Injunction

Sec. 301.551.  INJUNCTION.  (a)  In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this chapter or a board rule.
(b)  To obtain an injunction under this section, it is not necessary to allege or prove that:
(1)  an adequate remedy at law does not exist;  or
(2)  substantial or irreparable damage would result from the continued violation.
(c)  Notwithstanding Subsection (b), in a proceeding for an injunction under Subsection (a), the defendant may assert and prove as a complete defense to the action that the board's actions or proceedings were:
(1)  arbitrary or capricious;
(2)  contrary to legal requirements;  or
(3)  conducted without due process of law.
(d)  Either party to an action under Subsection (a) may appeal.  The board is not required to give an appeal bond in a cause arising under this section.
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 L. Other Penalties and Enforcement Provisions › Section 301.552. Monitoring of License Holder

Sec. 301.552.  MONITORING OF LICENSE HOLDER.  The board by rule shall develop a system for monitoring the compliance of license holders with the requirements of this chapter.  Rules adopted under this section must include procedures to:
(1)  monitor for compliance a license holder who is ordered by the board to perform certain acts;  and
(2)  identify and monitor each license holder who represents a risk to the public.
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 L. Other Penalties and Enforcement Provisions › Section 301.553. Civil Penalty

Sec. 301.553.  CIVIL PENALTY.  (a)  A person who violates Section 301.451 or Section 301.251 is liable to the state for a civil penalty not to exceed $1,000 a day.
(b)  The civil penalty may be collected in a suit initiated by 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 L. Other Penalties and Enforcement Provisions › Section 301.554. Criminal Penalty

Sec. 301.554.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person violates Section 301.451 or Section 301.251.
(b)  An offense under Subsection (a) is a Class A misdemeanor, except that if it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a), the offense is a felony of the third degree.
(c)  Each day of violation constitutes a separate offense.
(d)  On final conviction of an offense under Subsection (a), the defendant forfeits all rights and privileges conferred by a license issued under this chapter.
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 L. Other Penalties and Enforcement Provisions › Section 301.555. Appeal

Sec. 301.555.  APPEAL.  (a)  A person against whom the board has taken adverse action under this chapter may appeal to a district court in the county of the person's residence or in Travis County.
(b)  The board's decision may not be enjoined or stayed except on application to the district court after notice to 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 M. Anesthesia in Outpatient Setting › Section 301.601. Definition

Sec. 301.601.  DEFINITION.  In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed ambulatory surgical center.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter M. Anesthesia in Outpatient Setting › Section 301.602. Rules

Sec. 301.602.  RULES.  (a)  The board by rule shall establish minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board.
(b)  The rules adopted under this section must be designed to protect the health, safety, and welfare of the public and include requirements relating to:
(1)  general anesthesia, regional anesthesia, and monitored anesthesia care;
(2)  patient assessment, counseling, and preparation;
(3)  patient monitoring to be performed and equipment to be used during a procedure and during post-procedure monitoring;
(4)  emergency procedures, drugs, and equipment, including education, training, and certification of personnel, as appropriate, and including protocols for transfers to a hospital;
(5)  the documentation necessary to demonstrate compliance with this subchapter;  and
(6)  the period in which protocols or procedures covered by rules of the board shall be reviewed, updated, or amended.
(c)  The board shall cooperate with the Texas State Board of Medical Examiners in adopting rules under this subchapter to eliminate, to the extent possible, conflicts between the rules adopted by each board.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter M. Anesthesia in Outpatient Setting › Section 301.603. Applicability

Sec. 301.603.  APPLICABILITY.  Rules adopted by the board under Section 301.602 do not apply to:
(1)  an outpatient setting in which only local anesthesia, peripheral nerve blocks, or both are used;
(2)   a licensed hospital, including an outpatient facility of the hospital that is located separate from the hospital;
(3)  a licensed ambulatory surgical center;
(4)  a clinic located on land recognized as tribal land by the federal government and maintained or operated by a federally recognized Indian tribe or tribal organization as listed by the United States secretary of the interior under 25 U.S.C. Section 479a-1 or as listed under a successor federal statute or regulation;
(5)  a facility maintained or operated by a state or local governmental entity;
(6)  a clinic directly maintained or operated by the United States; or
(7)  an outpatient setting accredited by:
(A)  the Joint Commission on Accreditation of Healthcare Organizations relating to ambulatory surgical centers;
(B)  the American Association for the Accreditation of Ambulatory Surgery Facilities; or
(C)  the Accreditation Association for Ambulatory Health Care.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 14.125(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 14, eff. May 20, 2005.