Sept. 1, 2003. (b) The board shall adopt rules implementing the requirement under Subsection (a) in accordance with the guidelines for targeted continuing education under Section 301.303(g). 301.461. 1, eff. SUBCHAPTER I. Sept. 1, 1999.
(2) dispose of the matter as a complaint under Subchapter J. Sept. 1, 1999. Sec. (4) is qualified by education, training, or experience to perform the tasks assigned to the nurse. Sept. 1, 2003. REPORT AND NOTICE OF VIOLATION AND PENALTY. 5, eff. Acts 2011, 82nd Leg., R.S., Ch. (b) The board may not require participation in more than a total of 20 hours of continuing education in a two-year licensing period. 1, eff. (6) by rule allow appropriate employees of the board to dismiss a complaint if an investigation demonstrates that: (B) the subject of the complaint is outside the board's jurisdiction. (k) The board shall make a determination of license eligibility under Subsection (j) not later than the 120th day after the date the person submits the required documents to the board under that subsection. 3961), Sec. (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the board. 301.468. The notice may be given by certified mail. 1000), Sec. The person who files an affidavit has the burden of proving that the person is financially unable to pay the penalty and to give a supersedeas bond. (b) A nurse's personal contact information, including e-mail addresses, telephone numbers, and fax numbers, collected by the board for use by an emergency relief program is: (1) confidential and not subject to disclosure under Chapter 552, Government Code; and. Amended by Acts 2003, 78th Leg., ch. (d) A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension or restriction. Sept. 1, 1999. INITIATION OF FORMAL CHARGES; DISCOVERY.
ISSUANCE OF LICENSE. (a) As part of a continuing competency program under Section 301.303, a license holder who provides direct patient care shall complete a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission under Section 116.002.
(a) The board may approve and adopt rules regarding pilot programs for innovative applications in the practice and regulation of nursing. 803 (S.B. RECIPROCAL LICENSE BY ENDORSEMENT FOR CERTAIN FOREIGN APPLICANTS. Acts 1999, 76th Leg., ch. Sec. 553, Sec. 12, eff. (f) An action under this section may be brought in a district court of the county in which: (2) the plaintiff was employed by the defendant; or. For purposes of this subsection, an employer or entity includes an employee or agent of the employer or entity. 999 (H.B. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. (2) to a nursing board that is a member of the nurse licensure compact under Chapter 304. 803 (S.B. 1, eff. 301.419. September 1, 2017. 1058), Sec. 993), Sec. Acts 1999, 76th Leg., ch. Amended by Acts 2003, 78th Leg., ch. September 1, 2007. Acts 1999, 76th Leg., ch. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR DEFERRED ADJUDICATION. Sec. 2426), Sec. (a) A certified registered nurse anesthetist providing anesthesia services in an outpatient setting shall comply with the rules adopted by the board under Section 301.602. 301.464. REMITTANCE OF PENALTY AND INTEREST. (d-10) In this section, the terms "clinical competency assessment program" and "supervised clinical learning experiences program" have the meanings assigned by Section 105.008, Health and Safety Code. The programs may allow a license holder to demonstrate competency through various methods, including: (1) completion of targeted continuing education programs; and. 2950), Sec. ACCESS TO INFORMATION. (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. 388, Sec. Amended by Acts 2003, 78th Leg., ch. (e) A patient or third-party insurer may not be billed separately for the services performed by a nurse described by Subsection (d). 1, eff. 803, Sec. (4) cause the prosecution of each person violating this chapter. 553, Sec. (a) It is a ground for removal from the board that a member: (1) does not have at the time of taking office the qualifications required by Section 301.051(a); (2) does not maintain during service on the board the qualifications required by Section 301.051(a); (3) is ineligible for membership under Section 301.053; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or. (a) In addition to the information to which the board is entitled under Section 411.125, Government Code, the board may request and receive criminal history record information from the Federal Bureau of Investigation as provided by Section 411.087, Government Code. (2) "Minor incident" means conduct by a nurse that does not indicate that the nurse's continued practice poses a risk of harm to a patient or another person. The board shall provide to license holders information regarding the services provided by poison control centers. 3961), Sec. (d) Either party to an action under Subsection (a) may appeal. (d) Unless the person holds a license under this chapter, a person may not use, in connection with the person's name: (2) any other designation tending to imply that the person is licensed to provide nursing care. (B) the fifth day after the date the nurse became aware of the most recent occurrence of the situation if the situation involves multiple incidents or a pattern of behavior. May 20, 2005. 1.050, eff. September 1, 2005. (b) An offense under Subsection (a) is a Class A misdemeanor, except that if it is shown on the trial of the offense that the defendant has been previously convicted under Subsection (a), the offense is a felony of the third degree. (b) A report under Subsection (a) is not required if: (1) the nursing peer review committee determines that the reported conduct was a minor incident that is not required to be reported under board rule; or. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. Sec.
14, eff. (a) An applicant for a license under this chapter who is licensed as a registered nurse or vocational nurse by another state may qualify for a temporary license by endorsement to practice as a registered nurse or vocational nurse, as applicable, by submitting to the board: (1) an endorsement fee as determined by the board and a completed sworn application in the form prescribed by the board; (2) evidence that the person possessed, at the time of initial licensing as a nurse, the other qualifications necessary at that time to have been eligible for licensing in this state; and. 2426), Sec. 553, Sec. DUTY OF NURSING EDUCATIONAL PROGRAM TO REPORT.
June 20, 2003. 796 (H.B. 4, eff. May 20, 2005. 301.414. (b) A license may be temporarily suspended or restricted under this section without notice or hearing on the complaint if: (1) institution of proceedings for a hearing before the State Office of Administrative Hearings is initiated simultaneously with the temporary suspension or determination to restrict; and. Vocational nursing involves: (A) collecting data and performing focused nursing assessments of the health status of an individual; (B) participating in the planning of the nursing care needs of an individual; (C) participating in the development and modification of the nursing care plan; (D) participating in health teaching and counseling to promote, attain, and maintain the optimum health level of an individual; (E) assisting in the evaluation of an individual's response to a nursing intervention and the identification of an individual's needs; and. The board by rule may establish additional requirements that apply to the renewal of a license that has been expired for more than one year but less than the time limit set by the board beyond which a license may not be renewed. September 1, 2007. (b) The nurse or the nurse's authorized representative is entitled on request to review any report submitted to the board under a section specified under Subsection (a) unless doing so would jeopardize an active investigation. (f) Repealed by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. A nursing educational program that has reasonable cause to suspect that the ability of a nursing student to perform the services of the nursing profession would be, or would reasonably be expected to be, impaired by chemical dependency shall file with the board a written, signed report that includes the identity of the student and any additional information the board requires. (c) A person whose license is on inactive status may not perform any professional nursing or vocational nursing service or work. 1, eff. Sec. 593 (H.B. Sept. 1, 1999. (a-1) A diploma program of study in this state that leads to an initial license as a registered nurse under this chapter and that is completed on or after December 31, 2014, must entitle a student to receive a degree on the student's successful completion of a degree program of a public or private institution of higher education accredited by an agency recognized by the Texas Higher Education Coordinating Board. (2) post on the board's Internet website the policies that reference the testing procedures by the national organization selected by the board to administer an examination. 1058 (H.B. (a) Unless there is an agreed disposition of the complaint under Section 301.463, if probable cause is found under Section 301.457(e)(2), the board or the board's authorized representative shall file formal charges against the nurse. 388, Sec. 388, Sec. Acts 1999, 76th Leg., ch. A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action. (c) A certified registered nurse anesthetist who requests and relies on a board advisory opinion may use the opinion as mitigating evidence in an action or proceeding by the board to impose an administrative penalty or to assess a fine under this chapter. 14, eff. September 1, 2019. 803 (S.B. 301.254. (c) If relevant, the board shall consider a license holder's participation in a continuing education course approved under Subsection (b) if: (1) the license holder is being investigated by the board regarding the license holder's selection of clinical care for the treatment of tick-borne diseases; and. "; or. (4) advises a nurse of the nurse's right to: (B) request a nursing peer review committee determination under Section 303.005; or. Added by Acts 2013, 83rd Leg., R.S., Ch. 20, eff.
No other privilege applies to a board proceeding. June 20, 2003. (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. 889 (H.B. (2) the attorney general certifies to the board that the attorney general cannot provide those services. 889 (H.B. 21(5), eff. (3) provide other information required by the board as necessary to evaluate and establish nursing education and workforce policy in this state.
Acts 2007, 80th Leg., R.S., Ch. ), if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or.
(c) In approving a pilot program, the board may grant the program an exception to the mandatory reporting requirements of Sections 301.401-301.409 or to a rule adopted under this chapter or Chapter 303 that relates to the practice of nursing, including education and reporting requirements for nurses. 301.410. Sec. (b) The board shall elect other officers from its members. Amended by Acts 2003, 78th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. September 1, 2009. 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. 509 (H.B. September 1, 2011. 3961), Sec. 993), Sec. Sec. 301.3011. Sec.
301.465. (b) The board may require a nurse or applicant to submit to an evaluation only if the board has probable cause to believe that the nurse or applicant is unable to practice nursing with reasonable skill and safety to patients because of: (3) chemical dependency or abuse of drugs or alcohol. (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. DUTIES REGARDING PRESCRIPTIVE AUTHORITY AGREEMENTS. Acts 2007, 80th Leg., R.S., Ch. September 1, 2007. (b) The appropriate state licensing agency may take action against a person regulated by the agency for a failure to report as required by this subchapter. (3) four members who represent the public. 25, eff. 553, Sec. Sept. 1, 1999. 889 (H.B. (j) The results of an evaluation under this section are: (2) not subject to disclosure by discovery, subpoena, or other means of legal compulsion for release to anyone, except that the results may be: (A) introduced as evidence in a proceeding before the board or a hearing conducted by the State Office of Administrative Hearings under this chapter; (B) included in the findings of fact and conclusions of law in a final board order; and. 12, eff. 
COMPLIANCE WITH RULES. PEER ASSISTANCE PROGRAMS. Sec. Sept. 1, 2003. (a) In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this chapter or a board rule. Amended by Acts 2003, 78th Leg., ch. (d) In addition to the other authorizations of this section, the information may be disclosed in: (1) a civil action in which a reporting person is named as a defendant as a result of making the report; or. (a) Except to the extent provided by this section, a person's acceptance of a corrective or deferred action under this subchapter does not constitute an admission of a violation but does constitute a plea of nolo contendere. 889 (H.B. (a) If the board determines that a person has committed an act listed in Section 301.452(b), the board shall enter an order imposing one or more of the following: (1) denial of the person's application for a license, license renewal, or temporary permit; (3) administration of a public reprimand; (4) limitation or restriction of the person's license, including: (A) limiting to or excluding from the person's practice one or more specified activities of nursing; or, (6) revocation of the person's license; or. Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. (2) is a violation of this chapter or a rule of the board. 889 (H.B. Sept. 1, 2003. (b) Criminal history record information received by the board may be used only by the board and is privileged. 1000), Sec. September 1, 2011. (C) the Accreditation Association for Ambulatory Health Care. A person whose license has expired may not engage in activities that require a license until the license has been renewed. (a) The board shall suspend a nurse's license or refuse to issue a license to an applicant on proof that the nurse or applicant has been initially convicted of: (1) murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or manslaughter under Section 19.04, Penal Code; (2) kidnapping or unlawful restraint under Chapter 20, Penal Code, and the offense was punished as a felony or state jail felony; (3) sexual assault under Section 22.011, Penal Code; (4) aggravated sexual assault under Section 22.021, Penal Code; (5) continuous sexual abuse of young child or disabled individual under Section 21.02, Penal Code, or indecency with a child under Section 21.11, Penal Code; (6) aggravated assault under Section 22.02, Penal Code; (7) intentionally, knowingly, or recklessly injuring a child, elderly individual, or disabled individual under Section 22.04, Penal Code; (8) intentionally, knowingly, or recklessly abandoning or endangering a child under Section 22.041, Penal Code; (9) aiding suicide under Section 22.08, Penal Code, and the offense was punished as a state jail felony; (10) an offense involving a violation of certain court orders or conditions of bond under Section 25.07, 25.071, or 25.072, Penal Code, punished as a felony; (11) an agreement to abduct a child from custody under Section 25.031, Penal Code; (12) the sale or purchase of a child under Section 25.08, Penal Code; (13) robbery under Section 29.02, Penal Code; (14) aggravated robbery under Section 29.03, Penal Code; (15) an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or. Sept. 1, 2001. 553, Sec. (c) A person may not suspend or terminate the employment of, or otherwise discipline, discriminate against, or retaliate against, a person who: (2) advises a nurse of the nurse's right to report under this section. (a) Except as provided by Section 301.452, an applicant is entitled to take the examination prescribed by the board if: (1) the board determines that the applicant meets the qualifications required by Section 301.252; and. 301.459. (3) for the third consecutive year the student passage rate is lower than the board's required passage rate for students of approved in-state programs, provide notice on the program's Internet website that prospective students of the program may need to complete additional requirements to apply for an initial license in this state because the program has failed to meet the board's standards related to the required passage rate on the National Council Licensure Examination for Registered Nurses. (a) In this section, "intemperate use" includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT. (a) For any action or complaint for which the board proposes to impose on a person a sanction other than a reprimand or a denial, suspension, or revocation of a license, the board may: (1) defer the final action the board has proposed if the person conforms to conditions imposed by the board, including any condition the board could impose as a condition of probation under Section 301.468; and. Added by Acts 2009, 81st Leg., R.S., Ch. (a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing and give notice of the hearing to the person. 999 (H.B. A determination that a deficiency in care is attributable to a registered nurse must be based on the extent to which the registered nurse's conduct was the result of a deficiency in the registered nurse's judgment, knowledge, training, or skill. 553, Sec. 388, Sec. 3961), Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. CLAIM OR DEFENSE FOR PROHIBITED RULE OR POLICY. 1.007, eff. (3) "Nursing educational program" means an educational program that is considered approved by the board that may lead to an initial license as a registered nurse or vocational nurse. 509 (H.B. September 1, 2013. 1, eff. PUBLIC PARTICIPATION. 1420, Sec. (2) the applicant pays the fees required by the board. September 1, 2005. 388, Sec. 553, Sec. (C) is not accompanied by the correct fee. 889 (H.B. FEES. (b) The board is not required to provide: (1) board investigative reports or investigative memoranda; (2) the identity of nontestifying complainants; (5) other materials covered by a privilege as recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence. Acts 1999, 76th Leg., ch. (g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 509 (H.B. (2) six months after the date the permit is issued. 803, Sec. (d) The petitioner or the board may amend the petition to include additional grounds for potential ineligibility at any time before a final determination is made. 301.1583. Acts 1999, 76th Leg., ch. 21(1), eff. 1, eff. The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, application, training, and promotion of personnel that are in compliance with the requirements of Chapter 21, Labor Code; (2) a comprehensive analysis of the board workforce that meets federal and state guidelines; (3) procedures by which a determination can be made of significant underuse in the board workforce of all persons for whom federal or state guidelines encourage a more equitable balance; and.