reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.14 - Preliminary Notice to Respondent in Disciplinary Matters

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for proceedings conducted pursuant
				to the authority of Texas Occupations Code Annotated § 301.455 (Temporary
				Suspensions) or unless it would jeopardize the investigation, prior to
				commencing disciplinary proceedings under §
									213.15
				of this title (relating to Commencement of Disciplinary Proceedings), the staff
				shall serve the respondent with written notice in accordance with Texas
				Government Code §
									2001.054(c).
(b) Such notice shall contain a statement of
				the facts or conduct alleged to warrant an adverse licensure action. The notice
				shall invite the respondent to show compliance with all requirements of the law
				for retention of the license.
(c)
				Respondent shall file a written response within 20 days after service of the
				notice specified in subsection (a) of this section.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.15 - Commencement of Disciplinary Proceedings

Current through Reg. 49, No. 28; July 12, 2024
(a) If
				a complaint is not resolved informally, the staff may commence disciplinary
				proceedings by filing formal charges.
(b) The formal charges shall contain the
				following information:
(1) the name of the
				respondent and his or her license number;
(2) a statement alleging with reasonable
				certainty the specific act or acts relied on by the Board to constitute a
				violation of a specific statute, Board rule, or Board order; and
(3) a reference to the section of the Act or
				to the Board's rule, regulation, or order which respondent is alleged to have
				violated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.16 - Respondent's Answer in a Disciplinary Matter

Current through Reg. 49, No. 28; July 12, 2024
(a) The respondent in a disciplinary matter
				shall file an answer to the formal charges and to every amendment
				thereof.
(b) The answer shall admit
				or deny each of the allegations in the charges or amendment thereof. If the
				respondent intends to deny only a part of an allegation, the respondent shall
				specify so much of it is true and shall deny only the remainder. The answer
				shall also include any other matter, whether of law or fact, upon which
				respondent intends to rely for his or her defense.
(c) If the Respondent fails to file a
				response to the Formal charges, the matter will be considered as a default
				case
(d) In a case of default, the
				Respondent will be deemed to have
(1)
				admitted all the factual allegations in the Formal charges;
(2) waived the opportunity to show compliance
				with the law;
(3) waived the
				opportunity for a hearing on the Formal charges; and
(4) waived objection to the recommended
				sanction in the Formal charges.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.17 - Discovery

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to administrative proceedings
				shall have reasonable opportunity and methods of discovery described in the
				Texas Administrative Procedure Act (APA), Chapter 2001, Texas Government Code,
				the Texas Nursing Practice Act (NPA), and SOAH rule, 1 TAC §
				155.31(relating to Discovery). Matters subject to discovery are limited to
				those which are relevant and material to issues within the Board's authority as
				set out in the NPA. Subject to prior agreement of parties or unless explicitly
				stated in Board rules, responses to discovery requests, except for notices of
				depositions, shall be made within 20 days of receipt of the request.
(b) Parties may obtain discovery by: request
				for disclosure, as described by Texas Revised Civil Procedures 194, oral or
				written depositions, written interrogatories to a party; requests of a party
				for admission of facts and the genuineness of identity of documents and things;
				requests and motions for production, examination, and copying of documents and
				other tangible materials; motion for mental or physical examinations; and
				requests and motions for entry upon and examination of real property.
(c) Parties are encouraged to make
				stipulations of evidence where possible and to agree to methods and time lines
				to expedite discovery and conserve time and resources.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.18 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
(a) The deposition of any witness may be
				taken upon a commission issued by the executive director upon the written
				request of any party, a copy of which shall be served on the non-requesting
				party.
(b) The written request
				shall contain the name, address, and title, if any, of the witness; a
				description of the books, records, writings, or other tangible items the
				requesting party wishes the witness to produce at the deposition; the date and
				location where the requesting party wishes the deposition to be taken; and a
				statement of the reasons why the deposition should be taken and the items
				produced.
(c) Depositions may be
				taken by telephone and by non-stenographic recording. The recording or
				transcript thereof may be used by any party to the same extent as a
				stenographic deposition, provided all other parties are supplied with a copy of
				the recording and the transcript to be used. The witness in a telephonic or
				non-stenographic deposition may be sworn by any notary. The transcript of such
				deposition shall be submitted to the witness for signature in accordance with
				Texas Government Code Annotated § 2001.099.
(d) Not withstanding any other provisions of
				these sections, the executive director may issue a commission to take a
				deposition prior to the filing of charges under §
									213.15
				of this title (relating to Commencement of Disciplinary Proceedings) if, in the
				opinion of the executive director, such a commission is necessary for either
				party to preserve evidence and testimony or to investigate any potential
				violation or lack of compliance with the Act, the rules and regulations, or
				orders of the Board. The commission may be to compel the attendance of any
				person to appear for the purposes of giving sworn testimony and to compel the
				production of books, records, papers or other objects.
(e) A deposition in a contested case shall be
				taken in the county where the witness:
(1)
				resides;
(2) is employed;
				or
(3) regularly transacts business
				in person.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.19 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the written request of any party,
				the executive director may issue a subpoena to require the attendance of
				witnesses or the production of books, records, papers, or other objects as may
				be necessary and proper for the purposes of the proceedings.
(b) If the subpoena is for the attendance of
				a witness, the written request shall contain the name, address, and title, if
				any, of the witness and the date upon which and the location at which the
				attendance of the witness is sought. If the subpoena is for the production of
				books, records, writings, or other tangible items, the written request shall
				contain a description of the item sought; the name, address, and title, if any,
				of the person or entity who has custody or control over the items and the date
				on which and the location at which the items are sought to be produced. Each
				request, whether for a witness or for production of items, shall contain a
				statement of the reasons why the subpoena should be issued.
(c) Upon a finding that a party has shown
				good cause for the issuance of the subpoena, the executive director shall issue
				the subpoena in the form described in Texas Government Code §
									2001.089.
(d) Notwithstanding any other provisions of
				these sections, the executive director may issue a subpoena prior to the filing
				of formal charges under §
									213.15
				of this title (relating to Commencement of Disciplinary Proceedings), if, in
				the opinion of the executive director, such a subpoena is necessary to preserve
				evidence and testimony to investigate any potential violation or lack of
				compliance with the NPA, the rules and regulations, or orders of the Board. The
				subpoena may be to compel the attendance of any person to appear for the
				purposes of giving sworn testimony and/or to compel the production of books,
				records, papers, or other objects.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.20 - Informal Proceedings and Alternate Dispute Resolution (ADR)

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board's policy is to encourage the
				resolution and early settlement of internal and external disputes, including
				contested cases, through voluntary settlement processes such as informal
				proceedings or alternative dispute resolution. Any matter within the Board's
				jurisdiction may be resolved informally by stipulation, agreed settlement,
				agreed order, dismissal, or default. These matters may also be resolved using
				any ADR procedure or combination of procedures described by Chapter 154, Civil
				Practice and Remedies Code.
(b) In
				disciplinary matters, the Board shall offer the complainant and the licensee
				the opportunity to be heard. The offer may be made at any time prior to
				disposition and may be included on the Board's complaint form, on any notice
				required by statute or these rules, or otherwise.
(c) Informal proceedings may be conducted in
				person, by attorney, or by electronic, telephonic, or written
				communication.
(d) Informal
				proceedings shall be conducted pursuant to the following procedural standards:
(1) Respondent shall have a right to be
				represented by an attorney of record. At any time, should respondent choose to
				obtain representation by an attorney and advises staff of such choice, the
				conference will be discontinued;
(2) Respondent will be expected to answer
				questions concerning the allegations contained in notice of complaint or formal
				charges, but may decline to answer any questions posed during the
				conference;
(3) Respondent and
				staff participation in the conference is voluntary and may be terminated by
				either party without prejudicing the right to proceed with a contested case.
				Respondent will be expected to cooperate fully with the Enforcement Staff to
				ensure that it has all pertinent information relating to the complaint or
				formal charges against respondent; and
(4) Although, a verbatim transcript is not
				being kept of the informal conference, party admissions and outline notes may
				be used at a formal hearing if this matter is docketed as a formal complaint at
				the State Office of Administrative Hearings.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.21 - Agreed Disposition

Current through Reg. 49, No. 28; July 12, 2024
Informal proceedings, complaints and formal charges may be
				  resolved by stipulation, agreed settlement, agreed order, or dismissal pursuant
				  to Texas Occupations Code Annotated § 301.463.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.23 - Decision of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as to
				those matters expressly delegated to the executive director for ratification,
				either the Board or the Eligibility and Disciplinary Committee of the Board,
				may make final decisions in all matters relating to the granting or denial of a
				license or permit, discipline, temporary suspension, or administrative and
				civil penalties. This includes the consideration and resolution of a default
				dismissal from the State Office of Administrative Hearings pursuant to Texas
				Government Code §
									2001.058(d-1).
(b) A proposal for decision may be acted on
				by the Board or the Eligibility and Disciplinary Committee, in accordance with
				this section, after the expiration of 10 days after the filing of replies to
				exceptions to the proposal for decision or upon the day following the day
				exceptions or replies to exceptions are due if no such exceptions or replies
				are filed.
(c) Following the
				issuance of a proposal for decision or default dismissal, parties shall have an
				opportunity to file written exceptions and/or briefs with the Board. An
				opportunity shall be given to file a written response to written exceptions
				and/or briefs. An individual wishing to file written exceptions and/or a brief
				for the Board's consideration must do so no later than 15 calendar days prior
				to the date of the next regularly scheduled meeting where the Board or the
				Eligibility and Disciplinary Committee will deliberate on the proposal for
				decision or default dismissal. The Board will not consider any written
				exceptions and/or briefs submitted in violation of these
				requirements.
(d) A proposal for
				decision will be considered by the Board in accordance with Texas Occupations
				Code §
									301.459 and Texas
				Government Code Chapter 2001. Further, the Board may obtain judicial review of
				any finding of fact or conclusion of law issued by the administrative law
				judge, as provided by Texas Government Code §
									2001.058(f)(5).
(e) An order of the Board shall be in writing
				and may be signed by the executive director on behalf of the Board.
(f) A copy of the order shall be mailed to
				all parties and to the party's last known employer as a nurse in accordance
				with Texas Occupations Code §
									301.469.
(g) The decision of the Board is immediate,
				final, and appealable upon the signing of the written order by the executive
				director on behalf of the Board where:
(1)
				the Board finds and states in the order that an imminent peril to the public
				health, safety, and welfare requires immediate effect of the order;
				and
(2) the order states it is
				final and effective on the date rendered.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.24 - Rescission of Probation

Current through Reg. 49, No. 28; July 12, 2024
(a) At least 20
				days prior to a hearing to rescind probation, the probationer shall be served
				with written notice of the allegations supporting rescission of the
				probation.
(b) The hearing shall be
				conducted in accordance with §
									213.22 of this
				title (relating to Formal Proceedings), and the decisions of the Board shall be
				rendered in accordance with §
									213.23 of
				this title (relating to Decision of the Board).
(c) After giving the probationer notice and
				an opportunity to be heard, the Board may set aside the stay order and impose
				the stayed discipline (revocation/suspension) of the probationer's
				license.
(d) If during the period
				of probation, an additional allegation, accusation, or petition is reported or
				filed against the probationer's license, the probationary period shall not
				expire and shall automatically be extended until the allegation, accusation, or
				petition has been acted upon by the Board.
(e) The Board may determine as part of
				probation that the public may be better protected if probationer is suspended
				from the practice of nursing for a specific time period in order to correct
				deficiencies in skills, education, or personal rehabilitation and to assure
				documented proof of rehabilitation. Prior to the lifting of the actual
				suspension of license, the probationer will provide documentation of completion
				of educational courses or treatment rehabilitation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.25 - Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board shall identify and monitor
				licensees who present a risk to the public and who are subject to Board orders.
				The monitoring system shall track at least the name, license number, address,
				employer, and any other information necessary to demonstrate compliance or
				non-compliance with an order of the Board.
(b) Monitored licensees will pay a monthly
				fee as stated in the Board order. Said fee shall be paid on or before the 5th
				of each month.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.26 - Reissuance of a License

Current through Reg. 49, No. 28; July 12, 2024
(a) A person whose
				license to practice nursing in this state has been revoked, suspended, or
				surrendered may apply for reinstatement of the license. In the case of
				revocation, petition shall not be made prior to one year after the effective
				date of the revocation. The Board may approve or deny a petition. In the case
				of denial, the Board may set a reasonable time that must elapse before another
				petition may be filed. The Board may impose reasonable conditions that a
				petitioner must satisfy before reinstatement of an unencumbered
				license.
(b) A petition for
				reinstatement shall be in writing and in the form prescribed by the
				Board.
(c) Petitioner's appearance
				at any hearing concerning reinstatement of a license shall be in person unless
				otherwise approved by the executive director.
(d) The burden of proof is on the petitioner
				to prove present fitness to practice as well as compliance with all terms and
				conditions imposed as a part of any revocation, surrender, or suspension. A
				license may be reissued with a limited practice designation or with
				stipulations. If petition for reinstatement is denied, Petitioner may request a
				hearing before SOAH.
(e) In
				considering reinstatement of a surrendered, suspended, or revoked license, the
				Board will evaluate:
(1) the conduct which
				resulted in voluntary surrender, suspension, or revocation of the
				license;
(2) the conduct of the
				petitioner subsequent to the suspension, revocation, or acceptance of surrender
				of license;
(3) the lapse of time
				since suspension, revocation, or acceptance of surrender;
(4) compliance with all conditions imposed by
				the Board as a prerequisite for issuance of the license; and
(5) the petitioner's present qualification to
				practice nursing based on his or her history of nursing-related employment or
				education.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.27 - Good Professional Character

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Every individual who seeks to practice nursing in Texas must have good
				professional character related to the practice of nursing. This requirement
				includes all individuals seeking to obtain or retain a license or privilege to
				practice nursing in Texas.
(b) The
				Board defines good professional character as the integrated pattern of
				personal, academic, and occupational behaviors that indicate an individual is
				able to consistently conform his/her conduct to the requirements of the Nursing
				Practice Act, the Board's rules, and generally accepted standards of nursing
				practice. An individual who provides satisfactory evidence that he/she has not
				committed a violation of the Nursing Practice Act or a rule adopted by the
				Board is considered to have good professional character related to the practice
				of nursing.
(c) A determination
				that an individual does not have good professional character related to the
				practice of nursing must be based on a showing by the Board of a clear and
				rational connection between a violation of the Nursing Practice Act or a rule
				adopted by the Board and the individual's ability to effectively practice
				nursing. When evaluating the rationale connection between the relevant conduct
				and the ability to effectively practice nursing, the Board will consider the
				following factors:
(1) whether the individual
				will be able to practice nursing in an autonomous role with patients/clients,
				their families, significant others, healthcare professionals, and members of
				the public who are or who may become physically, emotionally, or financially
				vulnerable;
(2) whether the
				individual will be able to recognize and honor the interpersonal boundaries
				appropriate to any therapeutic relationship or health care setting;
(3) whether the individual will be able to
				make appropriate judgments and decisions that could affect patients/clients
				and/or the public;
(4) whether the
				individual has exhibited an inability to conform his/her behavior to the
				requirements of the Nursing Practice Act, Board rules and regulations,
				including §217.11 (relating to Standards of Nursing Practice) and §
										217.12(relating
				to Unprofessional Conduct) of this title, and generally accepted standards of
				nursing practice; and
(5) whether
				the individual will be able to promptly and fully self-disclose facts,
				circumstances, events, errors, and omissions, when such disclosure could
				enhance the health status of patients/clients or the public and/or could
				protect patients/clients or the public from an unnecessary risk of
				harm.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.30 - Declaratory Order of Eligibility for Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section only,
				"petitioner" means an individual who:
(1) is
				enrolled or planning to enroll in an educational nursing program that prepares
				individuals for initial licensure as a registered or vocational
				nurse;
(2) seeks licensure by
				endorsement pursuant to §
										217.5
				of this title (relating to Temporary License and Endorsement); or
(3) seeks licensure by examination pursuant
				to § 217.2 (relating to Licensure by Examination for Graduates of Nursing
				Education Programs Within the United States, its Territories, or Possessions)
				or §
										217.4(relating
				to Requirements for Initial Licensure by Examination for Nurses Who Graduate
				From Nursing Education Programs Outside of United States' Jurisdiction) of this
				title.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.31 - Cross-Reference of Rights and Options Available to Licensees and Petitioners

Current through Reg. 49, No. 28; July 12, 2024
Licensees subject to disciplinary action and petitioners
				  seeking a determination of licensure eligibility have certain rights and
				  options available to them in connection with these mechanisms. For example,
				  licensees or petitioners have the right to request information in the Board's
				  possession, including information favorable to licensee or petitioner, and the
				  option to be represented by an attorney at their own expense. The following is
				  a list of references to provisions of the Nursing Practice Act (Texas
				  Occupations Code Annotated Chapter 301) and the Board's rules addressing these
				  rights and options and related matters. Persons with matters before the Board
				  should familiarize themselves with these provisions:
(1) Section 301.257--Declaratory Order of
				License Eligibility;
(2) Section
				301.203--Records of Complaints;
(3)
				Section 301.204--General Rules Regarding Complaint Investigation and
				Disposition;
(4) Section
				301.464--Informal Proceedings;
(5)
				Section 301.552--Monitoring of License Holder;
(6) Section 301.452--Grounds for Disciplinary
				Action;
(7) Section
				301.453--Disciplinary Authority of Board; Methods of Discipline;
(8) Section 301.457--Complaint and
				Investigation;
(9) Section
				301.159--Board Duties Regarding Complaints;
(10) Section 301.463--Agreed
				Disposition;
(11) Section
				301.462--Voluntary Surrender of License;
(12) Section 301.454--Notice and
				Hearing;
(13) Section
				301.458--Initiation of Formal Charges; Discovery;
(14) Section 301.459--Formal
				Hearing;
(15) Section
				301.460--Access to Information;
(16) Section 301.352--Protection for Refusal
				to Engage in Certain Conduct;
(17)
				Section 301.455--Temporary License Suspension;
(18) Section 217.11--Standards of Nursing
				Practice;
(19) Section
				217.12--Unprofessional Conduct; and
(20) Sections 213.1 - 213.33--Practice and
				Procedure.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.32 - Corrective Action Proceedings and Schedule of Administrative Fines

Current through Reg. 49, No. 28; July 12, 2024
A corrective action may be imposed by the Board as specified
				  in the following circumstances.
(1)
				For purposes of this section only, corrective action has the meaning assigned
				by the Occupations Code §
									301.651. A corrective
				action imposed under this section is not a disciplinary action under the
				Occupations Code Chapter 301, Subchapter J.
(2) Pursuant to the Occupations Code §
									301.652,
				the Board may impose a corrective action for the first occurrence of each of
				the following violations:
(A) practice on a
				delinquent license for more than six months but less than one year;
(B) failure to comply with continuing
				competency requirements;
(C)
				failure to assure licensure/credentials of personnel for whom the nurse is
				administratively responsible;
(D)
				failure to provide employers, potential employers, or the Board with complete
				and accurate answers to either oral or written questions on subject matters
				including, but not limited to: employment history, licensure history, and
				criminal history;
(E) failure to
				comply with Board requirements for change of name/address;
(F) failure to develop, maintain, and
				implement a peer review plan according to statutory peer review
				requirements;
(G) failure of an
				advanced practice registered nurse to register for prescriptive authority in an
				additional role and population focus area, where the advanced practice
				registered nurse otherwise meets all requirements for prescriptive authority as
				specified in Chapter 222 of this title (relating to Advanced Practice
				Registered Nurses With Prescriptive Authority); and
(H) other violations of the Nursing Practice
				Act and/or Board rules that are appropriate for resolution at the sanction
				level of Remedial Education, Remedial Education with a Fine, or a Fine, in
				accordance with the Board's Disciplinary Matrix.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.34 - Deferred Discipline

Current through Reg. 49, No. 28; July 12, 2024
(a) Deferred
				discipline may be imposed by the Board as specified in this rule.
(b) The opportunity to enter into a deferred
				disciplinary order is at the sole discretion of the Executive Director as a
				condition of settlement by agreement and is not available as a result of a
				contested case proceeding conducted pursuant to the Government Code Chapter
				2001.
(c) Deferred discipline will
				be available for:
(1) individuals with no
				prior disciplinary history with the Board or any other licensing board and/or
				disciplinary authority in another jurisdiction or under federal law;
(2) violations of the Nursing Practice Act
				and/or Board rules that are proposed for resolution through the issuance of a
				Warning, a Warning with Stipulations, a Warning with Stipulations and a Fine, a
				Warning with a Fine, Remedial Education, Remedial Education with a Fine, or a
				Fine; and
(3) violations of the
				Nursing Practice Act and/or Board rules that were pending with the Board on
				September 1, 2009, or after.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.35 - Targeted Assessment and Remediation Pilot Program

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is authorized by Texas
				Occupations Code §
									301.1605(a)
				and § 301.453. Any pilot program approved by the Board after the final
				adoption of this rule will continue for a period not to exceed two years from
				the approval date. The pilot program approved by the Board may be extended upon
				an approval of a written application submitted to the Board.
(b) The purpose of this rule is to evaluate
				the effectiveness of innovative remediation programs that are designed to
				target deficiencies in nurse practice competencies of licensed practitioners
				and provide effective and efficient remediation as an alternative method of
				discipline. An applicant for approval is encouraged to develop a comprehensive
				and individualized assessment of nurse practice competency based on identified
				violations of the Nursing Practice Act (NPA) and targeted remedial education to
				correct identified deficiencies in order to ensure minimum competency.
				Additionally, the pilot program may wish to develop an alternative extensive
				orientation program consistent with §
									217.6(b)
				of this title (relating to Failure to Renew License) and §
									217.9(g)
				of this title (relating to Inactive and Retired Status) that will evaluate and
				remediate nurses who wish to re-enter practice after prolonged absences. The
				design of any alternative extensive orientation will focus on evidence-based
				assurance of minimum nurse competency before returning to practice.
(c) Approval of the pilot program provider is
				within discretion of the Executive Director and any provider must be able to
				meet the requirements of this rule.
(d) Any order issued in association with an
				approved pilot program will be considered a method of discipline pursuant to
				Texas Occupations Code §
									301.453
				or § 301.6555 and will be considered public information subject to all
				reporting requirements of disciplinary actions under federal and state
				laws.
(e) Participation in an
				approved pilot program will only be through an agreed order and the opportunity
				to enter into a pilot program order is at the sole discretion of the Executive
				Director.
(f) Each nurse will be
				responsible for the entire cost of participation in the pilot program. Each
				nurse subject to a pilot program order must:
(1) enroll in the pilot program within 45
				days of the date of the order unless otherwise agreed;
(2) submit to an individualized assessment
				designed to evaluate nurse practice competency and to support a targeted
				remediation plan;
(3) follow all
				requirements within the remediation plan if any;
(4) successfully complete the pilot program
				order within one year from the effective date of the agreed order;
				and
(5) provide written proof of
				successful completion of the pilot program to the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.36 - Alleged Standard of Care Violations by Advanced Practice Registered Nurses

Current through Reg. 49, No. 28; July 12, 2024
(a) If, during the course of investigating a
				complaint made against an APRN, the board determines that an act of the APRN
				likely falls below an acceptable standard of care, the board shall appoint
				another APRN as an expert reviewer to assist in the investigation. An APRN
				appointed as an expert reviewer under this section must practice in the same
				advanced practice role with the same population focus as the APRN who is the
				subject of the complaint.
(b) The
				board may not refer a complaint against an APRN to an expert reviewer appointed
				under this section if the act alleged is:
(1)
				within the scope of practice applicable to a nurse who is not an advanced
				practice registered nurse; or
(2)
				considered unprofessional conduct, as described by Occupations Code, §
										301.452(b)(10).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.37 - Disclosure of Expert Reviewer's Report

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Before initiating informal proceedings to resolve a complaint referred to an
				expert reviewer under §
									213.36 of this title (relating to
				Alleged Standard of Care Violations by Advanced Practice Registered Nurses),
				the board shall provide a copy of the expert reviewer's report issued under
				that section to the advanced practice registered nurse who is the subject of
				the complaint.
(b) Before providing
				an expert reviewer's report, the board shall redact:
(1) identifying information of the expert
				reviewer, other than the expert reviewer's role and population focus;
				and
(2) confidential information,
				as described by Occupations Code, §§
										301.460 and
				301.466, or that is
				otherwise privileged or confidential under the Nursing Practice Act or other
				applicable law.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.1 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				director/coordinator and faculty are accountable for complying with the Board's
				rules and regulations and the Nursing Practice Act.
(b) Rules for vocational nursing education
				programs shall provide reasonable and uniform standards based upon sound
				educational principles that allow the opportunity for flexibility, creativity,
				and innovation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.4 - Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) The progressive designation of approval
				status is not implied by the order of the following listing. Approval status is
				based upon each program's performance and demonstrated compliance to the
				Board's requirements and responses to the Board's recommendations. Change from
				one status to another is based on NCLEX-PN® examination pass rates,
				compliance audits, survey visits, and other factors listed under subsection (b)
				of this section. Types of approval include:
(1) Initial Approval.
(A) Initial approval is written authorization
				by the Board for a new program to enroll students, is granted if the program
				meets the requirements and addresses the recommendations issued by the Board,
				and begins with the date of the first student enrollment.
(B) The number of students to be enrolled
				while the program is on initial approval is determined by the Board, and the
				requirements will be included in the Board's Order approving the
				program.
(C) Change from initial
				approval status to full approval status cannot occur until the program has
				demonstrated compliance with this chapter, has met requirements and responded
				to all recommendations issued by the Board, and the
				NCLEX-PN® examination pass rate is at least 80%
				after a full examination year. In order to ensure the continuing success of the
				program, the Board may, in its discretion, impose any restrictions or
				conditions it deems appropriate and necessary for continued operation and/or as
				a condition for changing the approval status.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.5 - Philosophy/Mission and Objectives/Outcomes

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				philosophy/mission and objectives/outcomes of the vocational nursing education
				program shall be consistent with the philosophy/mission of the governing
				entity. They shall reflect the diversity of the community served and shall be
				consistent with professional, educational, and ethical standards of
				nursing.
(b) Program
				objectives/outcomes derived from the philosophy/mission shall reflect the
Differentiated Essential Competencies of Graduates of Texas Nursing
				Programs Evidenced by Knowledge, Clinical Judgment, and Behaviors: Vocational
				(VN), Diploma/Associate Degree (Diploma/ADN), Baccalaureate Degree (BSN), 2021
				(DECs)
.
(c) Clinical
				objectives/outcomes shall be stated in behavioral terms and shall serve as a
				mechanism for evaluating student progression.
(d) The conceptual framework shall provide
				the organization of major concepts from the philosophy/mission of the program
				that provides the underlying structure or theme of the curriculum and
				facilitates the achievement of program objectives/outcomes.
(e) The director/coordinator and the faculty
				shall periodically review the philosophy/mission and objectives/outcomes and
				shall make appropriate revisions to maintain currency.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.7 - Faculty

Current through Reg. 49, No. 28; July 12, 2024
(a) Faculty Organization.
(1) The faculty shall be organized with
				written policies and procedures and/or bylaws to guide the faculty and
				program's activities, including processes for enforcement of written student
				policies.
(2) The faculty shall
				meet regularly and function in such a manner that all members participate in
				planning, implementing, and evaluating the nursing program. Such participation
				includes, but is not limited to: the initiation and/or change in program
				policies, personnel policies, curriculum, utilization of affiliating agencies,
				and program evaluation.
(A) Committees
				necessary to carry out the functions of the program shall be established with
				duties and membership of each committee clearly defined in writing.
(B) Minutes of faculty organization and
				meetings shall document the reasons for actions and the decisions of the
				faculty and shall be available for reference.
(C) Part-time faculty may participate in all
				aspects of the program. Clear lines of communication of program policies,
				objectives, and evaluation criteria shall be included in the policies for
				part-time faculty.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.8 - Students

Current through Reg. 49, No. 28; July 12, 2024
(a) The number of students admitted to the
				program shall be determined by the number of qualified faculty, adequate
				educational facilities and resources, and the availability of appropriate
				clinical learning experiences for students.
(b) If a program that is accredited by a
				national nursing accreditation agency plans an increase of enrollment of 25% or
				more, it must file a substantive change proposal with the accreditation agency.
				Programs that are not accredited by a national nursing accreditation agency
				must seek approval prior to an increase in enrollment of twenty-five percent
				(25%) or greater by headcount in one (1) academic year for each nursing program
				offered. The program must notify Board Staff four (4) months prior to the
				anticipated increase in enrollment by following Board Education Guideline 3.5.2
				available at
https://www.bon.texas.gov
. The
				Executive Director shall have the authority to approve a requested increase in
				enrollment on behalf of the Board. When determining whether to approve a
				request for an increase in enrollment under this rule, the Executive Director
				and/or the Board shall consider:
(1) the
				comparison of previous to projected nursing program enrollment by
				headcount;
(2) enrollment
				projections and enrollment management plan;
(3) the effect of the change of enrollment on
				faculty workload;
(4) clinical
				placement/utilization;
(5)
				additional resources required by the enrollment increase; and
(6) the program's plan to evaluate the effect
				of the enrollment increase on the program's success.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.9 - Program of Study

Current through Reg. 49, No. 28; July 12, 2024
(a) The program of
				study shall include both didactic and clinical learning experiences and shall
				be:
(1) at least the equivalent of one (1)
				academic year and shall not exceed two (2) calendar years;
(2) planned, implemented, and evaluated by
				the faculty;
(3) based on the
				philosophy/mission and objectives/outcomes.
(4) organized by subject and content to meet
				the needs of the program;
(5)
				scheduled with the placement of courses or course content throughout the entire
				length of the program;
(6) based on
				sound educational principles;
(7)
				designed to prepare graduates to practice according to the Standards of Nursing
				Practice as set forth in the Board's rules;
(8) designed and implemented to prepare
				students to demonstrate the Differentiated Essential Competencies of Graduates
				of Texas Nursing Programs Evidenced by Knowledge, Clinical Judgment, and
				Behaviors: Vocational (VN), Diploma/Associate Degree (Diploma/ADN),
				Baccalaureate Degree (BSN), 2021 (DECs); and
(9) designed to teach students to use a
				systematic approach to clinical decision making and safe patient
				care.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.10 - Clinical Learning Experiences

Current through Reg. 49, No. 28; July 12, 2024
(a) Faculty shall
				be responsible and accountable for managing clinical learning experiences and
				observation experiences of students. Board Education Guideline 3.6.2 available
				at
https://www.bon.texas.gov
describes the purposes of clinical settings and reported hands-on clinical
				hours to meet program and course objectives.
(b) Faculty shall develop criteria for the
				selection of affiliating agencies/clinical facilities or clinical practice
				settings which address safety and the need for students to achieve the program
				outcomes (goals) and course objectives through the practice of nursing care or
				observation experiences. Consideration of selection of a clinical site shall
				include:
(1) client census in sufficient
				numbers to meet the clinical objectives/outcomes of the program/courses;
				and
(2) evidence of collaborative
				arrangements for scheduling clinical rotations with those facilities that
				support multiple nursing programs.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.11 - Facilities, Resources, and Services

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				governing entity shall be responsible for providing:
(1) educational facilities,
(2) resources, and
(3) services which support the effective
				development and implementation of the vocational nursing education
				program.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.12 - Records and Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Accurate and
				current records shall be maintained for a minimum of two (2) years in a
				confidential manner and be accessible to appropriate parties, including Board
				representatives. These records shall include, but are not limited to:
(1) records of current students, including
				the student's application and required admission documentation, evidence of
				student's ability to meet objectives/outcomes of the program, final clinical
				practice evaluations, signed receipt of written student policies furnished by
				manual and/or electronic means, evidence of student receipt of the Board's
				licensure eligibility information as specifically outlined in §214.8(c) of
				this chapter (relating to Students), and the statement of withdrawal from the
				program, if applicable;
(2) faculty
				records;
(3) administrative
				records, which include minutes of faculty meetings for the past three (3)
				years, and school catalogs;
(4) the
				current program of study and curriculum including mission and goals (philosophy
				and outcomes), and course outlines;
(5) agreements with affiliating agencies;
				and
(6) the master plan of
				evaluation with most recent data collection.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.13 - Total Program Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) There shall be
				a written plan for the systematic evaluation of the effectiveness of the total
				program following Board Education Guideline 3.8.1 available at
https://www.bon.texas.gov
. The
				plan shall include evaluative criteria, methodology, frequency of evaluation,
				assignment of responsibility, and indicators (benchmarks) of program and
				instructional effectiveness. The following broad areas shall be periodically
				evaluated:
(1) organization and
				administration of the program;
(2)
				philosophy/mission and objectives/outcomes;
(3) program of study, curriculum, and
				instructional techniques, including online components of the vocational nursing
				education program, if applicable;
(4) educational facilities, resources, and
				services;
(5) affiliating agencies
				and clinical learning activities, including simulation experiences;
(6) students' achievement;
(7) graduates' performance on the licensing
				examination;
(8) graduates' nursing
				competence;
(9) faculty members'
				performance; and
(10) extension
				sites/campuses.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 214 - VOCATIONAL NURSING EDUCATION › Section 214.14 - Use of Standardized Examination Prepared by Private Entity

Current through Reg. 49, No. 28; July 12, 2024
(a) A vocational nursing education program
				shall not use a student's score on a standardized examination prepared by a
				private entity:
(1) as a graduation
				requirement; or
(2) as the basis
				for denying the student an affidavit of graduation.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 215 - PROFESSIONAL NURSING EDUCATION › Section 215.1 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				dean/director and faculty are accountable for complying with the Board's rules
				and regulations and the Nursing Practice Act.
(b) Rules for professional nursing education
				programs shall provide reasonable and uniform standards based upon sound
				educational principles that allow the opportunity for flexibility, creativity,
				and innovation.