reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.49 - Required Purchase of Funeral Goods or Funeral Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Casket for cremation provisions.
(1) In selling or offering to sell funeral
				  goods or funeral services to the public, it is an unfair or deceptive act or
				  practice for a funeral provider, or a crematory, to require that a casket be
				  purchased for direct cremation.
(2)
				  To prevent this unfair or deceptive act or practice, funeral providers must
				  make an alternative container available for direct cremations, if they arrange
				  direct cremations.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.50 - Embalming Provided Without Prior Approval

Current through Reg. 49, No. 28; July 12, 2024
(a) In selling or offering to sell funeral
				  goods or funeral services to the public, it is an unfair or deceptive act or
				  practice for any provider to embalm a deceased human body for a fee unless:
(1) state or local law or regulation requires
				  embalming in the particular circumstances regardless of any funeral choice
				  which the family might make;
(2)
				  prior approval for embalming (expressly so described) has been obtained from a
				  family member or other authorized person; or
(3) the funeral provider is unable to contact
				  a family member or other authorized person after exercising due diligence, has
				  no reason to believe the family does not want embalming performed, and obtains
				  subsequent approval for embalming already performed (expressly so described).
				  In seeking approval, the funeral provider must disclose that a fee will be
				  charged if the family selects a funeral which requires embalming, such as a
				  funeral with viewing, and that no fee will be charged if the family selects a
				  service which does not require embalming, such as direct cremation or immediate
				  burial.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.51 - Comprehensive of Disclosures

Current through Reg. 49, No. 28; July 12, 2024
To prevent the unfair or deceptive acts or practices
					 specified in §§ 203.46- 203.50 of this title, funeral providers must
					 make all disclosures required by those sections in a clear and conspicuous
					 manner. Providers shall not include in the casket, outer burial container, urn,
					 and general price lists, required by §203.46(b)(2) - (5) of this title,
					 any statement or information that alters or contradicts the information
					 required to be included in those lists.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 203 - LICENSING AND ENFORCEMENT-SPECIFIC SUBSTANTIVE RULES › Subchapter C - ENFORCEMENT › Section 203.52 - Violation to Engage in Unfair or Deceptive Acts or Practices

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided in § 203.46(a) of this
					 title, it is a violation to engage in any unfair or deceptive acts or practices
					 specified in Occupations Code Chapter 651 or in the Rules of the Commission, or
					 to fail to comply with any of the preventive requirements specified in
					 Occupations Code Chapter 651 or in the Rules of the
					 Commission.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.1 - Individual License Fees (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally Applicable License Fees:
(1) Funeral Director--$175.
(2) Embalmer--$175.
(3) All license fees shall be prorated if the
				initial license period is less than two years.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.2 - Individual Application Fees (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally Applicable Application Fees:
(1) Provisional Funeral Director--$93
				(Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a
				$3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).
(2) Provisional Embalmer--$93 (Includes a $5
				surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $3 surcharge in
				accordance with Tex. Gov. Code Sec. 2054.252).
(3) Individual Funeral Director License--$93
				(Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a
				$3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).
(4) Individual Embalmer License--$93
				(Includes a $5 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a
				$3 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.3 - Individual Examination Fees (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) Mortuary Law Examination--$89 ($55 being
				attributable to the Commission and $34 being attributable to the third-party
				vendor administering the examination).
(b) The fee for the Mortuary Law Examination
				shall be waived for the following individuals:
(1) military service members and military
				veterans, as those terms are defined by Chapter 55, Occupations Code, whose
				military service, training, or education substantially meets all of the
				requirements for licensure; and
(2)
				military service members, military veterans, and military spouses, as those
				terms are defined by Chapter 55, Occupations Code, who hold a current license
				issued by another jurisdiction that has licensing requirements that are
				substantially equivalent to the requirements of this state.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.4 - Individual Renewal Fees (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) Renewal Fees:
(1) Provisionally Licensed Funeral
				Director--$69 (includes a $1 surcharge in accordance with Tex. Occ. Code Sec.
				101.307 and a $2 surcharge in accordance with Tex. Gov. Code Sec.
				2054.252).
(2) Provisionally
				Licensed Embalmer--$69 (includes a $1 surcharge in accordance with Tex. Occ.
				Code Sec. 101.307 and a $2 surcharge in accordance with Tex. Gov. Code Sec.
				2054.252).
(3) Licensed Funeral
				Director--$193 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec.
				101.307 and a $6 surcharge in accordance with Tex. Gov. Code Sec.
				2054.252).
(4) Licensed
				Embalmer--$193 (includes a $2 surcharge in accordance with Tex. Occ. Code Sec.
				101.307 and a $6 surcharge in accordance with Tex. Gov. Code Sec.
				2054.252).
(5) Licensed Funeral
				Director and Embalmer (Dual)--$330 (includes a $2 surcharge in accordance with
				Tex. Occ. Code Sec. 101.307 and an $8 surcharge in accordance with Tex. Gov.
				Code Sec. 2054.252).
(6) Licensed
				Funeral Director over the age of 65 or disabled status--$98.50 (includes a $2
				surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a $4 surcharge in
				accordance with Tex. Gov. Code Sec. 2054.252).
(7) Licensed Embalmer over the age of 65 or
				disabled status--$98.50 (includes a $2 surcharge in accordance with Tex. Occ.
				Code Sec. 101.307 and a $4 surcharge in accordance with Tex. Gov. Code Sec.
				2054.252)
(8) Licensed Funeral
				Director and Embalmer (Dual) over the age of 65 or disabled status--$168
				(includes a $2 surcharge in accordance with Tex. Occ. Code Sec. 101.307 and a
				$6 surcharge in accordance with Tex. Gov. Code Sec. 2054.252).
(9) Licensed Funeral Director and/or
				Embalmer--Inactive Status--$6 (includes a $2 surcharge in accordance with Tex.
				Occ. Code Sec. 101.307 and a $4 surcharge in accordance with Tex. Gov. Code
				Sec. 2054.252).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.5 - Late Penalty Fees for Individual Renewals (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				penalty will be added to the renewal fee assessed under § 204.4 of this
				title if the renewal is one day to ninety days late:
(1) Provisionally Licensed Funeral
				Director--$66.
(2) Provisionally
				Licensed Embalmer--$66.
(3)
				Licensed Funeral Director--$92.50.
(4) Licensed Embalmer--$92.50.
(5) Licensed Funeral Director and Embalmer
				(Dual)--$160.
(6) Licensed Funeral
				Director over the age of 65 or disabled status--$46.25.
(7) Licensed Embalmer over the age of 65 or
				disabled status--$46.25.
(8)
				Licensed Funeral Director and Embalmer (Dual) over the age of 65 or disabled
				status--$80.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.6 - Reinstatement Fee (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
The fee for a license which has been expired for longer than
				  one year:
(1) Licensed Funeral
				Director--$370.
(2) Licensed
				Embalmer--$370.
(3) Licensed
				Funeral Director and Embalmer (Dual)--$640.
(4) Licensed Funeral Director over the age of
				65 or disabled status--$185.
(5)
				Licensed Embalmer over the age of 65 or disabled status--$185.
(6) Licensed Funeral Director and Embalmer
				(Dual) over the age of 65 or disabled status--$320.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.7 - Establishment Fees for Funeral Homes, Commercial Embalming Facilities, and Crematories (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a) New
				Establishment License Fee--$462 (Includes a $5 surcharge in accordance with
				Tex. Occ. Code Sec. 101.307).
(b)
				Establishment Renewal Fee--$537 (includes a $1 surcharge in accordance with
				Tex. Occ. Code Sec. 101.307 and a $16 - surcharge in accordance with Tex. Gov.
				Code Sec. 2054.252).
(c)
				Establishment Late Penalty (added to renewal fee if more than one day
				late)--$520.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.8 - Establishment Fees for Cemeteries

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Initial Cemetery License Fee--$100.
(b) Cemetery Renewal Fee--$101 (Includes a $1
				surcharge in accordance with Tex. Occ. Code Sec. 101.307).
(c) Cemetery Late Penalty (added to renewal
				fee if more than one day late)--$100.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.9 - Miscellaneous Fees (Not Refundable)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Duplicate or Replacement License--$5.
(b) Preliminary Evaluation of Eligibility for
				Licensure of Person with Criminal Record--$95.
(c) Written Verification of License:
(1) Simple License
				Verification--$30.
(2) Detailed
				License Verification--$50.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 204 - FEES › Section 204.10 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuing
				education noncompliance--$300.
(b)
				Disciplinary penalties (Refer to Commission Rule §
									203.43
				of this title).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.3 - Crematory License Requirement and Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The crematory establishment license application shall be on a form furnished by
				the Commission and shall contain all information required by Texas Occupations
				Code, § 651.657, including:
(1) a
				statement that all operators of the cremation chamber are certified by a
				reputable organization approved by the Commission; and
(2) the names of all persons certified to
				operate the cremation chamber.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.5 - Acceptance of Remains

Current through Reg. 49, No. 28; July 12, 2024
A crematory establishment may accept deceased human remains
				  for refrigeration before it receives authorization to cremate under Texas
				  Health & Safety Code, Chapter 716 Subchapter B.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.6 - Direct Cremation Services

Current through Reg. 49, No. 28; July 12, 2024
An authorizing agent authorized to dispose of the remains of
				  a deceased individual may contract directly for cremation services if the
				  crematory is also licensed as a funeral establishment or if the authorizing
				  agent receives written authorization from either a Justice of the Peace or
				  Medical Examiner of the county in which the death occurred.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.7 - Waiting Period for Cremation

Current through Reg. 49, No. 28; July 12, 2024
Cremation may not occur sooner than 48 hours following the
				  time of death indicated on the death certificate unless the waiting period is
				  waived in writing by a Justice the county in which the death occurred; or by a
				  court order.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.9 - Crematory Annual Report, Extensions for Good Cause, and Late Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The annual
				report required by Texas Occupation Code §651.658 shall cover the period
				from January 1 to December 31.
(b)
				The report must be postmarked by January 30 of the year following the year for
				which the report is due.
(c) The
				Executive Director shall grant an extension for filing the annual report for no
				more than 60 days upon proof of good cause.
(d) Good cause for purposes of subsection (c)
				of this section is an event beyond the control of the crematory owner or
				operator that prevents the owner or operator from timely completing and filing
				the annual report.
(e) Requests for
				extensions of time to file the annual report based on good cause will not be
				approved if received by the Commission later than January 4 15 following the
				year for which the report is due.
(f) A $100 late fee will be imposed for each
				day a crematory establishment fails to submit the annual report if the
				Executive Director has not granted an extension of time for filing the report.
				The Commission has no authority to waive or reduce the late fee.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.11 - Prerequisites for Cremation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The following documents are required to cremate deceased human remains:
(1) a cremation authorization form signed by
				the person responsible for making arrangements for final disposition;
				and
(2) a death certificate or
				other death record indicating that the deceased human remains may be
				cremated.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.13 - Written Waiver of Identification Required

Current through Reg. 49, No. 28; July 12, 2024
A waiver of a right of identification under Health and Safety
				  Code, §
									716.104(b)
				  is valid only if given in writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 205 - CREMATORIES › Section 205.15 - Commingling Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) A crematory
				establishment may not simultaneously cremate the deceased human remains of more
				than one person in the same cremation chamber unless authorized by the
				authorizing agent of each deceased person in a cremation authorization form or
				other written document.
(b) A
				crematory establishment may not simultaneously cremate deceased human remains
				with items of value, pacemakers or other potentially hazardous implants that
				are specifically disclosed by the authorizing agent on the cremation
				authorization form and are not authorized by the authorizing agent to be
				cremated with the deceased human remains.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 207 - ALTERNATIVE DISPUTE RESOLUTION › Section 207.1 - Alternative Dispute Resolution Policy and Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission encourages the resolution
				and early settlement of all contested matters through voluntary settlement
				procedures.
(b) The following words
				and terms, when used in this chapter, shall have the following meanings, unless
				the context clearly indicates otherwise.
(1)
				ADR--Alternative Dispute Resolution.
(2) ADR procedure--A non-judicial and
				informally conducted forum for the voluntary settlement of contested matters
				through intervention of an impartial third party.
(3) ADR director--The member of staff
				designated by the Executive Director to coordinate and oversee ADR procedures
				and mediators.
(4) Contested
				matter--A complaint by a consumer or other interested party against a licensee
				or establishment or a complaint opened by the Commission.
(5) Mediator--The person appointed by the ADR
				Director to preside over ADR proceedings regardless of which ADR method is
				used.
(6) Parties--The
				complainants, respondents, agencies, employees, managers, supervisors,
				licensees or consumers who are in conflict.
(7) Participants--The Executive Director, the
				Staff Attorney, the complainant, the respondent, the person who timely filed
				hearing requests which gave rise to the dispute or if parties have been named,
				the named parties.
(8) Private
				mediator--A person in the profession of mediation who is not a Texas state
				employee and who has met all the qualifications prescribed by Texas law for
				mediators.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 10 - TEXAS FUNERAL SERVICE COMMISSION › Chapter 209 - ETHICAL STANDARDS FOR PERSONS LICENSED BY THE COMMISSION › Section 209.1 - Ethical Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The licensee
				shall be knowledgeable of and adhere to all applicable federal and state laws,
				rules, codes, and all procedures established by the Commission. It is the
				obligation of the licensee to exercise reasonable judgment and skill in the
				performance of all duties and work performed as a licensee.
(b) A licensee who performs his or her duties
				in a negligent or incompetent manner, or does not perform his or her duties
				with honesty, integrity, or in a trustworthy manner violates Texas Occupation
				Code §651.459.
(c) Integrity.
(1) A licensee shall be honest and
				trustworthy in the performance of all duties and work performed as a licensee
				and shall avoid misrepresentation and deceit in any fashion, whether by acts of
				commission or omission.
(2) A
				licensee shall refrain from engaging in acts or practices that constitute
				threats, coercion, or extortion.
(3) A licensee shall respect a consumer's
				right of personal choice and decisions with regard to making
				arrangements.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.1 - Introduction

Current through Reg. 49, No. 28; July 12, 2024
(a) Name. The entity is the Board of Nurse
				Examiners for the State of Texas, hereafter referred to as the board. It is a
				decision-making board appointed by the Governor of the State of Texas in
				compliance with the Texas Occupations Code.
(b) Location. The administrative offices
				shall be located in Austin, Texas.
(c) Legal Authority. The board is established
				and functions under the authority of Chapters 301, 303 and 304 of the Texas
				Occupations Code.
(d) Composition.
				The board shall be composed of those persons appointed by the Governor with the
				advice and consent of the Senate.
(e) Fiscal year. For all fiscal and
				administrative purposes, the reporting year of the board shall be identical to
				that of the State of Texas.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.2 - Purpose and Functions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				purpose of the board is to protect and promote the welfare of the people of
				Texas. This purpose supersedes the interest of any individual, the nursing
				profession, or any special interest group. The board fulfills its mission
				through two principle areas of responsibility:
(1) regulation of the practice of
				professional and vocational nursing, and
(2) accreditation of schools of
				nursing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.3 - Organization and Structure

Current through Reg. 49, No. 28; July 12, 2024
(a) General. In
				accordance with Texas Occupations Code §§
									301.051 through
				301.059, the board shall consist of members appointed by the Governor with the
				advice and consent of the Senate.
(b) Terms of office. The terms of board
				members shall be six years in length and shall be staggered so that the terms
				of as near to one-third of the members as possible shall expire on January 31
				of each odd-numbered year. Upon completion of a term, a member may continue to
				serve until a successor has been appointed. A member may be reappointed to
				successive terms at the discretion of the Governor.
(c) Eligibility. Board member eligibility is
				governed by the Texas Occupations Code §§
									301.052 and
				301.053.
(d) Compensation. Each member of the board
				shall receive per diem as provided by law for each day that the member engages
				in the business of the board and will be reimbursed for travel expenses
				incurred in accordance with the state of Texas and Board of Nurse Examiners'
				travel policies.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.4 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) Selections and appointments. In
				accordance with the Texas Occupations Code §
									301.057, the Governor
				shall designate one of the members of the board as presiding officer. During
				the last meeting of the calendar year in even years, the board shall elect from
				among its membership a vice president. The term of the vice president shall be
				for two years. If the office of vice president becomes vacant during a two-year
				term, the members of the board shall elect a new vice president from among its
				membership to serve for the remainder of the term. All elections and any other
				issues requiring a vote of the board shall be decided by a simple majority of
				the members present and voting.
(b)
				Duties of the officers.
(1) The president
				shall:
(A) preside at all meetings of the
				board;
(B) represent the board in
				legislative matters and in meetings with related groups;
(C) appoint standing, ad hoc, and advisory
				committees;
(D) perform such other
				duties as pertain to the office of the president; and,
(E) designate a member of the board to
				coordinate the annual performance reviews of the executive director and
				evaluation of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.5 - Meetings

Current through Reg. 49, No. 28; July 12, 2024
The board shall meet at least four times a year. It shall
				  consider such matters as may be necessary. Special meetings shall be called by
				  the president of the board or upon written request signed by three members of
				  the board in accordance with Texas Occupations Code §
									301.058.
(1) Agenda. An agenda shall be posted in
				accordance with the Texas Government Code chapter 551 and copies shall be sent
				to the board members.
(2) Meetings
				of the board and of its committees are open to the public unless such meetings
				are conducted in executive session pursuant to state law.
(3) Quorum. A majority of the members of the
				board, at least three of whom shall be nurses, shall constitute a quorum for
				the transaction of all business at any regular or special meeting.
(4) Voting. The board may act only by
				majority vote of a quorum of members present and eligible to vote, with each
				eligible member entitled to one vote. A member is not eligible to vote if a
				conflict of interest exists as described in §
									211.8 of
				this title (relating to Conflict of Interest). No proxy vote shall be
				allowed.
(5) Presiding officer. In
				the absence of the president and the vice president, a presiding officer shall
				be chosen by a majority of the board members present.
(6) Meeting held by tele-conference call. A
				meeting by the Board of Nurse Examiners may be held by telephone conference
				call or video conference call only as authorized by Texas Government Code
				chapter 551.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.6 - Committees of the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				are standing and permanent committees of the board, as established by the board
				in accordance with the Nursing Practice Act. The responsibilities and authority
				of these committees include those duties and powers as set forth including
				other responsibilities and charges which the board may from time to time
				delegate to these committees.
(b)
				Eligibility and Disciplinary Committee.
(1)
				Members of the committee shall be appointed by the president and shall consist
				of one consumer member and two nurse members. The President shall have
				authority to substitute committee members when necessary to establish a quorum
				due to absences of standing members.
(2) The chair shall be named by the
				president.
(3) Duties and powers.
(A) The Committee shall have the authority to
				determine all matters of eligibility for licensure and discipline of licenses,
				including temporary suspension of a license, administrative and civil
				penalties, and consideration and resolution of a default dismissal from the
				State Office of Administrative Hearings pursuant to Tex. Gov't Code
				§2001.058(d-1).
(B) The
				Committee shall have the authority to approve the adoption of rules on an
				emergency basis pursuant to Tex. Gov't Code §2001.034.
(4) Quorum. Two eligible voting
				members shall establish a quorum of the Committee of which at least one member
				is a nurse.
(5) Tele-conference. A
				meeting by the Committee may be held by telephone conference call or video
				conference call as authorized by Texas Government Code chapter 551.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.7 - Executive Director

Current through Reg. 49, No. 28; July 12, 2024
(a) The board shall
				determine qualifications for and retain an executive director who shall be the
				chief executive officer of the agency.
(b) The executive director shall have the
				authority and responsibility for the operations and administration of the
				agency and such additional powers and duties as prescribed by the board. As
				chief executive of the board the executive director shall manage all aspects of
				the agency, including personnel, financial and other resources, in support of
				the NPA, rules and policies, the board's mission and strategic plan. The
				executive director shall attend all meetings of the board and may offer
				recommendations to the board, but shall not vote on matters brought before the
				board.
(c) The executive director
				shall have the authority to dismiss a complaint if an investigation
				demonstrates that a violation did not occur, or the subject of the complaint is
				outside the board's jurisdiction. At each public meeting of the board, the
				executive director shall report to the board each complaint dismissed since the
				board's last public meeting.
(d)
				The Executive Director, or the Executive Director's designee, is authorized to
				offer proposed disciplinary orders upon evaluation of the investigation
				findings. Such an offer may be made:
(1) by
				mail at the conclusion of an investigation; or
(2) in person following an informal
				conference.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.8 - Conflict of Interest

Current through Reg. 49, No. 28; July 12, 2024
When matters to be discussed by or before the board concern a
				  school and/or agency with which the board member is affiliated, the board
				  member shall not enter into the discussion unless questioned by a member of the
				  board and shall not vote on the matter.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.9 - General Considerations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Parliamentary procedure. Board and committee meetings shall be conducted
				pursuant to the Board's adopted Simplified Parliamentary Policy.
(b) Minutes. Minutes of all board meetings
				will be prepared and transmitted to board members for their review prior to
				subsequent board meetings and shall be filed with the Legislative Reference
				Library and the Texas State Library. Proceedings of standing and ad hoc
				committee meetings and advisory committee meetings shall be recorded,
				distributed and filed in accordance with parliamentary procedure.
(c) Video Tape. All or any part of the
				proceedings of a public board meeting may be recorded by any person in
				attendance by means of a tape recorder, video camera, or any other means of
				sonic or visual reproduction.
(1) The
				executive director shall direct any individual wishing to record or videotape
				as to equipment location, placement, and the manner in which the recording is
				conducted.
(2) The decision will be
				made so as not to disrupt the normal order and business of the board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.10 - Training and Education Reimbursement

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Board may use public funds to reimburse for the training and education for its
				employees. The training or education must be related to the duties or the
				prospective duties of the employee.
(b) An employee may be eligible for education
				and training reimbursement if the employee is taking the course at the request
				of the agency or:
(1) has been employed
				full-time at the Board for a period in excess of six (6) months;
(2) is currently employed
				full-time;
(3) has a performance
				evaluation of 3.0 or above; and
(4)
				does not have a current employment disciplinary record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 211 - GENERAL PROVISIONS › Section 211.11 - Employee Leave Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) Sick Leave
				Pool. A sick leave pool is established to allow eligible state employees to use
				time contributed to the sick leave pool if the employee has exhausted the
				employee's sick leave because of a catastrophic illness or injury or a previous
				donation of time to the pool.
(b)
				Family Leave Pool. A state employee family leave pool is established to provide
				eligible state employees more flexibility in bonding with and caring for
				children during a child's first year following birth, adoption, or foster
				placement and for caring for a seriously ill family member or the employee,
				including pandemic-related illnesses or complications caused by a
				pandemic.
(c) The Human Resources
				Director or other employee designated by the Executive Director will act as
				Sick Leave Pool and Family Leave Pool Administrator.
(d) The Sick Leave Pool and Family Leave Pool
				Administrator, with the approval of the Executive Director, will prescribe and
				implement policies to effectuate the operation of the pools. The policies and
				procedures must be consistent with the provisions of the Texas Government Code
				Chapter 661 and will be included in the agency's Employee Handbook.
(e) Employee donations to the sick leave pool
				and family leave pool are strictly voluntary and must be made in
				writing.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.2 - Construction

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise expressly provided, the
				past, present or future tense shall each include the other; the masculine,
				feminine, or neuter gender shall each include the other; and the singular and
				plural number shall each include the other.
(b) These rules apply to all contested cases
				within the Board's jurisdiction and shall control practice and procedure before
				the Board and SOAH, unless pre-empted by rules promulgated by SOAH.
(c) Words and phrases shall be read in
				context and construed according to the rules of grammar and common usage. Words
				and phrases that have acquired a technical or particular meaning, whether by
				legislative definition or otherwise, shall be construed otherwise.
(d) A reference in statute revised by the
				Texas Occupations Code is considered to be a reference to the part of the Texas
				Occupations Code that revises that statute or part of statute.
(e) A reference in a rule or part of a rule
				revised by this subchapter is considered to be a reference to the part of this
				subchapter that revises that rule or part of that rule.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.3 - Pleading

Current through Reg. 49, No. 28; July 12, 2024
(a) In licensure matters:
(1) In actions by the staff as petitioner
				against a licensee, the staff's pleading shall be styled "Formal
				Charges."
(2) Except in cases of
				temporary suspension and injunction, the Board may not take disciplinary action
				unless notice of the facts or conduct alleged to warrant the intended action
				has been sent to the licensee's address of record and the licensee has an
				opportunity to show compliance with the law for retention of the license as
				provided in the APA, Texas Government Code §
										2001.054(c).
				Notice of hearing or amended notice of hearing constitutes institution of
				agency proceedings for purposes of § 2001.054(c).
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.4 - Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may represent himself/herself or
				be represented by an attorney licensed to practice law in Texas.
(b) A party's attorney of record shall remain
				the attorney of record in the absence of a formal request to withdraw and an
				order of the judge approving the request.
(c) Notwithstanding the above, a party may
				expressly waive the right to assistance of counsel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.5 - Appearance

Current through Reg. 49, No. 28; July 12, 2024
(a) Any person appearing before the Board in
				connection with a contested case shall prefile written testimony at least 21
				days prior to the appearance.
(b)
				In disciplinary and eligibility matters, appearances in contested cases may be
				made only by a party.
(c) In
				disciplinary and eligibility matters, a non-party may file an amicus brief with
				the executive director, with contemporaneous filing at SOAH if SOAH has
				acquired jurisdiction. Non-parties who file under this provision must disclose:
(1) their identities including name, address,
				telephone number, licensure, certification status;
(2) their interest in the disciplinary or
				eligibility matter;
(3) the
				identity of their members, subscribers, clients, constituents;
(4) the identity of the persons or entities
				that may be benefitted by the position taken by the amicus;
(5) the identity of the persons or entities
				that may be injured or disadvantaged by the position taken by the amicus;
				and
(6) the financial impact of the
				position taken by the amicus.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.6 - Agreements in Writing

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided by the NPA or these rules, no
				  agreement between attorneys or parties concerning any action or matter pending
				  before the Board will be enforced unless it is in writing, signed, and filed
				  with the papers as a part of the record, or unless it is made in open hearing
				  and entered on record.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.7 - Final Disposition

Current through Reg. 49, No. 28; July 12, 2024
Except for matters expressly delegated to the executive
				  director, no agreed order regarding eligibility or discipline shall be final or
				  effective until approved by the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.8 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) The original of
				all applications, petitions, complaints, motions, protests, replies, answers,
				notices, and other pleadings relating to any proceeding pending or to be
				instituted before the Board shall be filed with the executive director or
				designee. The date of filing is the date of actual receipt at the office of the
				Board.
(b) The original of all
				documents are to be filed at SOAH only after it acquires jurisdiction. (See
				§
									213.22(a)
				of this title (relating to Formal Proceedings) and SOAH rules, 1 TAC §
									155.7(relating
				to Jurisdiction)). Filings and service to SOAH shall be directed to: Docket
				Division, State Office of Administrative Hearings, 300 West 15th Street, Room
				504, P.O. Box 13025, Austin, Texas 78711-3025. Copies of all documents filed at
				SOAH must be contemporaneously served on the Board.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.9 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) In computing
				any period of time prescribed or allowed by these rules, by order of the Board,
				or by any applicable statute, the day of the act, event, or default which the
				designated period of time begins to run is not to be included. The last day of
				the period is to be included, unless it is a Saturday, Sunday, an official
				State holiday, or another day on which SOAH or the Board office is closed, in
				which case the time period will be deemed to end on the next day that SOAH or
				the Board office is open. When these rules specify a deadline or set a number
				of days for filing documents or taking other actions, the computation of time
				shall be by calendar days rather than business days, unless otherwise provided
				for by these rules, applicable law, SOAH rules, or judge order. However, if the
				period specified is five days or less, the intervening Saturdays, Sundays, and
				legal holidays are not counted.
(b)
				Extension. When by these rules, SOAH rules, or judge order, an act is required
				or allowed to be done at or within a specified time, the executive director or
				judge (if SOAH has acquired jurisdiction) may, for cause shown, order the
				period enlarged if application is made before the expiration of the specified
				period. In addition, where good cause is shown for the failure to act within
				the specified time period, the executive director or the judge may permit the
				act to be done after the expiration of the specified period.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.10 - Notice and Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice must be
				in writing and addressed to the party. Notice to a licensee is effective and
				service is complete when sent by certified or registered mail, return receipt
				requested, to the licensee's address of record at the time of the
				mailing.
(b) Notice to a party
				holding a multistate licensure privilege is effective and service is complete
				when sent by certified or registered mail, return receipt requested, to the
				privilege holder's address of record maintained with the home state nurse
				licensing agency at the time of the mailing.
(c) Notice to a non-licensee is effective and
				service is complete when sent by certified or registered mail, return receipt
				requested, to the person's address as stated on his/her petition, application,
				or other pleading.
(d) Notice to
				any person other than the Board is effective and service is complete when sent
				by certified or registered mail, return receipt requested, to the person's
				attorney of record.
(e) Notice of a
				hearing in a contested case must comply with Texas Government Code §
									2001.052
				(Texas Administrative Procedure Act). Service is complete when made pursuant to
				1 TAC § 155.25(SOAH).
(f)
				Notwithstanding subsections (a) - (e) of this section, notice required by a
				rule adopted by the Interstate Commission of Nurse Licensure Compact
				Administrators is effective and service is complete when made electronically
				through the Texas Nurse Portal accessible through the Board's
				website.
(g) Notwithstanding
				subsections (a) - (e) of this section, notice not specifically required by
				state law to be provided through first class, certified, or registered mail,
				return receipt requested, may be made electronically through the Texas Nurse
				Portal accessible through the Board's website. Notice is effective and service
				is complete when made through this method.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.11 - Non-SOAH Motion for Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) No
				continuance shall be granted except for sufficient cause supported by affidavit
				as detailed in subsection (b) of this section, by consent of the parties, or by
				operation of law. A party that files a motion for continuance fewer than 10
				days before the date of the event specified in any non-SOAH notice, must
				contact the other party and indicate in the motion whether there is any
				opposition to the motion.
(b) The
				motion shall be supported by a sworn affidavit detailing the reasons for the
				continuance. The affidavit shall also set forth the specific grounds upon which
				the party seeks the continuance and that the continuance is not sought for
				delay, but so that justice may be served.
(1)
				If the ground of such application is the need for testimony, the party
				requesting the continuance shall make an affidavit stating that such testimony
				is material, shall show the materiality thereof, shall state that he or she has
				used due diligence to procure such testimony, stating such diligence, and shall
				state the cause of failure, if known, and shall state that such testimony
				cannot be procured from any other source.
(2) If it be for the absence of a witness,
				the party requesting the continuance shall state the name and residence of the
				witness, and what the party requesting the continuance expects to prove by such
				witness.
(3) If it be for the
				reason of a conflicting setting, the party requesting the continuance shall
				identify the conflict by style, cause number, court, agency, nature of setting,
				and date the conflicting setting was made.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.12 - Witness Fees and Expenses

Current through Reg. 49, No. 28; July 12, 2024
A witness who is not a party to the proceeding and who is
				  subpoenaed to appear at a deposition or hearing or to produce books, papers, or
				  other objects, shall be entitled to receive reimbursement for expenses incurred
				  in complying with the subpoena as set by the legislature in the APA, Texas
				  Government Code Annotated § 2001.103. In addition, a subpoenaed witness is
				  entitled to thirty dollars ($30) for each day or part of a day that the person
				  is necessarily present, and to mileage reimbursement. The mileage reimbursement
				  rate shall be equal to the maximum fixed mileage allowance specified in the
				  revenue rulings issued by the Internal Revenue Service under the federal income
				  tax regulations as announced by the Texas Comptroller for going to and
				  returning from the place of the hearing or deposition if the place is more than
				  25 miles from the person's place of residence, and the person uses the person's
				  personally owned or leased motor vehicle for the travel.
Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.13 - Complaint Investigation and Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Complaints shall be submitted to the Board in writing and should contain at
				least the following information: Nurse/Respondent Name, License Number, Social
				Security Number, Date of Birth, Employer, Dates of Occurrence(s), Description
				of Facts or Conduct, Witnesses, Outcome, Complainant Identification (Name,
				Address, and Telephone Number), and Written Instructions For Providing
				Information to the Board. Complaints may be made on the agency's complaint
				form.
(b) A preliminary
				investigation shall be conducted to determine the identity of the person named
				or described in the complaint.
(c)
				Complaints shall be assigned a priority status:
(1) Priority 1--those indicating that
				credible evidence exists showing a guilty plea, with or without an adjudication
				of guilt, or conviction of a serious crime involving moral turpitude; a
				violation of the NPA involving actual deception, fraud, or injury to clients or
				the public or a high probability of immediate deception, fraud or injury to
				clients or the public;
(2) Priority
				2--those indicating that credible evidence exists showing a violation of the
				NPA involving a high probability of potential deception, fraud, or injury to
				clients or the public;
(3) Priority
				3--those indicating that credible evidence exists showing a violation of the
				NPA involving a potential for deception, fraud, or injury to clients or the
				public; and
(4) Priority 4--all
				other complaints.