Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 11 - TEXAS BOARD OF NURSING › Chapter 213 - PRACTICE AND PROCEDURE › Section 213.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
(1) Act--The Nursing
				Practice Act or NPA, Texas Occupations Code Annotated §§ 301.001 -
				301.607; 303.001 - 304.014.
(2)
				Address of record--The address of each licensee as provided to the Board of
				Nursing (as required by Board rules relating to Change of Name and/or Address)
				and currently found in §217.7 of this title (relating to Change of Name
				and/or Address).
(3) Administrative
				Law Judge or judge--An individual appointed by the chief administrative law
				judge of the State Office of Administrative Hearings to preside over
				administrative hearings pursuant to Texas Government Code Annotated, Chapter
				2003, § 2003.041. The term shall also include any temporary administrative
				law judge appointed by the chief administrative law judge pursuant to Texas
				Government Code Annotated § 2003.043.
(4) Adverse licensure action--Any action to
				fine, reprimand, warn, limit, probate, revoke, suspend, or otherwise discipline
				a license or multistate licensure privilege. The term includes an order
				accepting a voluntary surrender in lieu of disciplinary action.
(5) Answer--A responsive pleading.
(6) APA--Administrative Procedure Act, Texas
				Government Code Annotated Chapter 2001.
(7) Attorney of record--A person licensed to
				practice law in Texas who has provided the staff with written notice of
				representation.
(8) Board--The
				Board of Nursing appointed pursuant to Texas Occupations Code Annotated
				§301.051. For purposes of this section, "Board" also includes a three
				member standing committee designated by the Board to determine matters of
				eligibility for licensure and discipline of licensees.
(9) Client--See Patient.
(10) Complaint--Written accusations made by
				any person, or by the Board on its own initiative, alleging that a licensee's
				conduct may have violated the NPA.
(11) Contested case--A proceeding including,
				but not restricted to rate making and licensing, in which the legal rights,
				duties or privileges of a party are to be determined by an agency after an
				opportunity for adjudicative hearing.
(12) Conviction--The result of a criminal
				proceeding wherein an individual, based on a plea or verdict, is adjudged
				guilty of the offense charged, or has been placed on probation with or without
				an adjudication of guilt, or has received an order of deferred
				adjudication.
(13) Declaratory
				order--An order, issued by the Board pursuant to Texas Occupations Code
				Annotated § 301.257, determining the eligibility of an individual for
				initial licensure as a registered or vocational nurse and setting forth both
				the basis for potential ineligibility and the Board's determination of the
				disclosed eligibility issues.
(14)
				Default proceeding--The issuance of a proposal for decision or an order in
				which the factual allegations against the respondent in a contested case are
				deemed admitted as true upon the respondent's failure to appear at a properly
				noticed hearing, or failure to file a response to the Formal Charges.
(15) Eligibility and Disciplinary
				Committee--A three member committee organized in accordance with §
									211.6 of
				this title (relating to Agreements in Writing) and authorized by the Board to
				make a final disposition of licensure eligibility and disciplinary matters
				including temporary suspension.
(16) Eligibility matter--A proceeding by
				which an individual requests licensure (such as by Petition for Declaratory
				Order, Application for Examination, Application for Endorsement),
				Reinstatement, Reissuance, or Renewal.
(17) Executive director--The executive
				director of the Board of Nursing .
(18) Formal charges--Pleading of the staff
				publicly alleging the reasons for disciplinary actions against a registered or
				vocational nurse created in accordance with Texas Occupations Code Annotated
				§ 301.458.
(19) Hearing--A
				public adjudicative proceeding at the State Office of Administrative
				Hearings.
(20) Informal
				conference--A non-public settlement meeting conducted by the executive director
				or designee to resolve a disciplinary or eligibility matter pending before the
				Board.
(21) Initial licensure--The
				original grant of permission to practice nursing in Texas, regardless of the
				method through which licensure was sought.
(22) License--Includes the whole or part of
				any Board permit, certificate, approval, registration, or similar form of
				permission required by law to practice professional or vocational nursing in
				the State of Texas. For purposes of this subchapter, the term includes a
				multistate licensure privilege.
(23) Licensee--A person who has met all the
				requirements to practice as a registered or vocational nurse pursuant to the
				Nursing Practice Act and the Rules and Regulations relating to Nurse Education,
				Licensure and Practice and has been issued a license to practice professional
				or vocational nursing in Texas. For purposes of this subchapter, the term
				includes a person who practices pursuant to a multistate licensure
				privilege.
(24) Licensing--Includes
				the Board's process with respect to the granting, denial, renewal, revocation,
				suspension, annulment, withdrawal, amendment of a license, or multistate
				licensure privilege.
(25) Minor
				Incident--Conduct in violation of the Nursing Practice Act, which after a
				thorough evaluation of factors enumerated under §
									217.16
				of this title (relating to Minor Incidents), indicates that the nurse's
				continuing to practice professional or vocational nursing does not pose a risk
				of harm to a client or other person and, therefore, does not need to be
				reported to the Board or peer review committee.
(26) Multistate Licensure Privilege--See
				Texas Occupations Code Annotated § 304.001, article 1(h) (definition of
				Multistate Licensure Privilege). For purposes of this subchapter, the
				multistate licensure privilege means the privilege to practice as a
				professional or vocational nurse in the state of Texas based on the current,
				official authority to practice as a nurse in another state that has enacted the
				Nurse Licensure Compact, Texas Occupations Code Annotated Chapter
				304.
(27) Order--A written decision
				of the Board, regardless of form, signed by the Board or the executive director
				on its behalf.
(28) Party--A person
				who holds a license issued by the Board of Nursing or multistate licensure
				privilege, a person who seeks to obtain, retain, modify his or her license, or
				a multistate licensure privilege, or the Board of Nursing .
(29) Patient--An individual under the care
				and treatment of a health care professional either at a health care facility or
				in his/her own home.
(30)
				Person--Any individual, representative, corporation, or other entity, including
				any public or non-profit corporation, or any agency or instrumentality of
				federal, state, or local government.
(31) Petitioner--A party, including the
				staff, who brings a request or action and assumes the burden of going forward
				with an administrative proceeding, e.g., the staff in an action to discipline a
				licensee, the person who seeks reinstatement of a license, or the person who
				seeks a determination of eligibility for licensure.
(32) Pleading--A written document submitted
				by a party, or a person seeking to participate in a case as a party, which
				requests procedural or substantive relief, makes claims, alleges facts, makes
				legal argument, or otherwise addresses matters involved in the case.
(33) Reinstatement--The process of reissuing
				and restoring a license to active status that has been previously suspended,
				revoked, or voluntarily surrendered.
(34) Respondent--A party, including the
				staff, to whom a request is made or against whom an action is brought, e.g.,
				the licensee in a disciplinary action by the staff, the person who holds a
				multistate licensure privilege in a disciplinary action by the staff, the Board
				in a reinstatement action, or the Board in an action to determine eligibility
				for licensure.
(35) Rule--Any
				agency statement of general applicability that implements, interprets, or
				prescribes law or policy, or describes the procedure or practice requirements
				of a state agency. The term includes the amendment or repeal of a prior rule,
				and does not include statements regarding only the internal management or
				organization of any agency and not affecting private rights or
				procedures.
(36) SOAH--The State
				Office of Administrative Hearings.
(37) Staff--The staff of the Board, not
				including the executive director. For purposes of these rules, the staff may
				act through the legal counsel.
(38)
				Technical error--A judge's misinterpretation or misapplication of sound nursing
				principles or minimum nursing practice standards in a proposal for decision
				that must be corrected to sufficiently protect the public.