An administrative penalty imposed under this subsection is in addition to other penalties the agency is authorized to impose and is subject to the procedural requirements applicable to the appropriate licensing agency. Acts 1999, 76th Leg., ch. (d) Notwithstanding Subsection (c), if the board orders a nurse to participate in a peer assistance program approved by the board under Section 467.003, Health and Safety Code, the complaint, filing of formal charges, nature of those charges, final board order, and disciplinary proceedings are subject to disclosure: (1) only to the same extent as information regarding a complaint is subject to disclosure under Subsection (b); or. (c) At a minimum, the rules adopted under Subsection (b)(2) must: (1) require completion of pharmacology and related pathophysiology education for initial approval; and. September 1, 2013. Acts 2007, 80th Leg., R.S., Ch. (a) In a written, signed report to the appropriate licensing board or accrediting body, a nurse may report a licensed health care practitioner, agency, or facility that the nurse has reasonable cause to believe has exposed a patient to substantial risk of harm as a result of failing to provide patient care that conforms to: (1) minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or. Acts 1999, 76th Leg., ch. (g) An appeal under this section shall be tried de novo as if it were an appeal from a justice court to a county court. 388, Sec. Amended by Acts 2003, 78th Leg., ch. September 1, 2005. 803, Sec. GROUNDS FOR DISCIPLINARY ACTION. (d) A report by a nurse under Subsection (b) must: (2) include the identity of the nurse or student and any additional information required by the board. (l) A lawsuit under Subsection (g) against a local governmental entity shall be brought in a district court in a county in which all or part of the entity is located. Acts 2017, 85th Leg., R.S., Ch. (2) surveys a facility or agency listed in Subdivision (1) regarding the quality of nursing care provided by the facility or agency.
September 1, 2007. Sec. 301.510. 1, eff. 2, eff. (d) After any preliminary investigation to determine the identity of the subject of the complaint, unless it would jeopardize an investigation, the board shall notify the nurse that a complaint has been filed and the nature of the complaint. 8, eff. Sec. Sec. May 20, 2005. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures. USE OF TECHNOLOGY. Sec. (4) provide for a nursing peer review committee to review whether a nurse is appropriate for remediation under Subdivision (1). (c) If the board requires participation in continuing education programs as a condition of license renewal, the board by rule shall establish a system for the approval of programs and providers of continuing education. (a) In this section, "intemperate use" includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. 22, eff. Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Sept. 1, 1999. 1.035, eff. Acts 1999, 76th Leg., ch. Sec. Sec. 301.552. 1420, Sec. 2950), Sec. (b) If an informal meeting is held, a board member, staff member, or board representative who attends the meeting is considered to have participated in the hearing of the case for the purposes of ex parte communications under Section 2001.061, Government Code. (2) describe the documents required by the board to make a determination of license eligibility. (e) After the hearing, the board shall affirm, modify, or set aside wholly or partly the emergency cease and desist order. Sept. 1, 1999. (a) The board may conduct inspections to enforce this subchapter, including inspections of the equipment owned or leased by a certified registered nurse anesthetist and of documents of a certified registered nurse anesthetist's practice that relate to providing anesthesia in an outpatient setting. Sec. (6) ensure that participation requirements and treatment plans for peer assistance program participants who are referred to peer assistance for similar reasons are administered consistently. 1, eff. 10, eff. A determination by the board that an applicant 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 this chapter or a rule adopted under this chapter and the applicant's ability to effectively practice nursing. Sec. (b) On final conviction or a plea of guilty or nolo contendere for an offense listed in Subsection (a), the board, as appropriate, may not issue a license to an applicant, shall refuse to renew a license, or shall revoke a license. 301.507. 1, eff. (d) The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the board for any sanction imposed as the result of a hearing conducted by that office. (3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. (3) inform the person of the person's right to a hearing on the occurrence of the violation, the amount of the penalty, or both. 1, eff.
EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. September 1, 2011. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch.
(a) The board by rule shall establish minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board. Sec. (5) the nurse has successfully completed the requirements imposed by the board in the disciplinary order related to the disciplinary action. (c) The board shall grant or deny an application for a permanent license not later than the 180th day after the date the board receives all required forms or information. A student enrolled in a program described by this subsection before December 31 of the fourth consecutive year is eligible to apply for an initial license under this chapter. (C) three vocational nurses who are not members of a nurse faculty; (2) three members who are nurse faculty members of schools of nursing: (A) one of whom is a nurse faculty member of a school of nursing offering a baccalaureate degree program in preparing registered nurses; (B) one of whom is a nurse faculty member of a school of nursing offering an associate degree program in preparing registered nurses; and, (C) one of whom is a nurse faculty member of a school of nursing at an institution of higher education preparing vocational nurses; and. Acts 1999, 76th Leg., ch. 21(4), eff. (D) restrict participation in a profession or business the board regulates; (5) the results of the most recent formal audit of the board; (A) laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and, (B) other laws applicable to members of the board in performing their duties; and. (2) not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than for the purpose of contacting the nurse to assist in an emergency relief program. (2) the applicant pays the fees required by the board. (a) A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted in attendance at a meeting of the board until the person completes a training program that complies with this section. 388, Sec. (c) A person whose license is on inactive status may not perform any professional nursing or vocational nursing service or work. DEFINITIONS. Members of the board serve staggered six-year terms, with the terms of as near to one-third of the members as possible expiring on January 31 of each odd-numbered year. 301.408. ENFORCEMENT. 2426), Sec. Acts 2011, 82nd Leg., R.S., Ch. Amended by Acts 2003, 78th Leg., ch. (c) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the board's operation. (d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true. 553, Sec. PUBLIC RECORDS; REGISTRY. Acts 1999, 76th Leg., ch. The guidelines must: (1) identify the approval processes to be conducted by the Texas Higher Education Coordinating Board or the Texas Workforce Commission; (2) require the approval process identified under Subdivision (1) to precede the approval process conducted by the board; and. November 1, 2013. June 20, 2003. September 1, 2007. Acts 2005, 79th Leg., Ch. Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. (5) the procedures for submitting an evaluation as evidence in any hearing regarding the issuance or renewal of the nurse's or applicant's license. 1189 (S.B. (3) contain a degree of certainty that gives the person who is the subject of the formal charge notice of each particular act alleged to violate a specific statute, board rule, or board order. 509 (H.B. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. 581), Sec. (e) The board shall adopt rules to ensure that license denials and disciplinary action under Subsection (b)(10) are based on the application of objective criteria that are clearly and rationally connected to the applicant's or license holder's conduct and that any negative outcome resulting from that conduct is determined to affect the person's ability to effectively practice nursing. 1, eff. 1, eff. Sept. 1, 1999. 1, eff. 553, Sec. Acts 2013, 83rd Leg., R.S., Ch. (d) On receiving a request for a hearing, the board shall serve notice of the time and place of the hearing by personal delivery or registered or certified mail, return receipt requested. Acts 1999, 76th Leg., ch. (3) the subject matter of each complaint that was not within the jurisdiction of the board and how the board responded to the complaint. 2426), Sec. (b) The report or data must be provided for: (1) a complaint filed in court against a nurse that seeks damages related to the nurse's conduct in providing or failing to provide nursing care; and. 1, eff. The amount paid may not exceed the amount the board charges for copies of its records. 1420, Sec. 1000), Sec. (2) require continuing education in clinical pharmacology and related pathophysiology in addition to any continuing education otherwise required under Section 301.303.
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