593 (H.B. 2950), Sec. 
September 1, 2007. 999 (H.B. 1058), Sec. 796 (H.B. (c) Repealed by Acts 2007, 80th Leg., R.S., Ch. (b) The board shall make the information available to the public and appropriate state agencies. 4, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 3961), Sec. (2) "Hospital" has the meaning assigned by Section 241.003, Health and Safety Code, and includes a mental hospital licensed under Chapter 577, Health and Safety Code. 15, eff. Amended by Acts 2003, 78th Leg., ch.
PROHIBITED PRACTICES AND DISCIPLINARY ACTIONS.
15, eff.
(d) A nurse who is not a nurse first assistant may assist a physician, podiatrist, or dentist in the performance of surgery if the nurse: (1) assists under the direct personal supervision and in the physical presence of the physician, podiatrist, or dentist; (2) is in the same sterile field as the physician, podiatrist, or dentist; (A) the physician, podiatrist, or dentist; (B) a group to which the physician, podiatrist, or dentist belongs; or, (C) a hospital licensed or owned by the state; and. 301.4535. Sept. 1, 1999. Sec.
September 1, 2007. 553, Sec. Acts 2009, 81st Leg., R.S., Ch. 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. 993), Sec. (a) A report required or authorized under this subchapter and the identity of the person making the report are confidential and may not be disclosed except as provided by this section and Section 301.414. 1189 (S.B. 1.013, eff. A person subject to a probation order shall conform to each condition the board sets as the terms of probation, including a condition: (1) limiting the practice of the person to, or excluding, one or more specified activities of professional nursing or vocational nursing; (2) requiring the person to submit to supervision, care, counseling, or treatment by a practitioner designated by the board; or.
388, Sec. 301.654. June 19, 2009. (2) 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. (2) the director's recommendation on the imposition of the administrative penalty, including a recommendation on the amount of the penalty. Amended by Acts 2003, 78th Leg., ch. September 1, 2007. The presiding officer shall call a special board meeting on the written request of at least two board members. 5, eff. 18, eff. Sec. The board shall implement a policy requiring the board to use appropriate technological solutions to improve the board's ability to perform its functions. Sept. 1, 2003. (a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and. 301.307. Sec. 1, eff.
10, eff. DEFINITIONS. 1189 (S.B. September 1, 2011. 1, eff. 301.471. 803 (S.B. MEMBER ELIGIBILITY. Sept. 1, 1999. Sec. (2) Subsection (b)(1)(B), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a person who has not previously been the subject of disciplinary action by the board. 999 (H.B. (a) A person who was licensed to practice professional nursing or vocational nursing in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application may obtain a new license without examination. Sec. 1.052, eff. 8, eff. 6, eff. (b) The board may not issue a permit under this section to an applicant who has previously failed an examination administered by the board or another state. (4) reasonable methods to appropriately address those areas of underuse. REPORT TO BOARD. 1, eff. 1058 (H.B. 1.039, eff. Acts 2007, 80th Leg., R.S., Ch. Sec. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT.
418 (S.B. Amended by Acts 2003, 78th Leg., ch. Sept. 1, 1999. 301.053. Sec. PUBLIC RECORDS; REGISTRY. Acts 2013, 83rd Leg., R.S., Ch. 13, eff. 301.166. The nursing peer review committee shall review the conduct to determine if any deficiency in care by the reported nurse was the result of a factor beyond the nurse's control. Sec. The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination. (2) request the court to stay enforcement of the penalty by: (A) filing with the court a sworn affidavit of the person stating that the person is financially unable to pay the penalty and is financially unable to give the supersedeas bond; and. (b) The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs. 301.056. Sec.
If an examination is graded or reviewed by a national testing service, the board shall notify each examinee of the results of the examination not later than the 14th day after the date the board receives the results from the testing service. The amount paid may not exceed the amount the board charges for copies of its records. REGISTRATION REQUIRED. (2) the applicant pays the fees required by the board. The board shall maintain a list of qualified practitioners. 889 (H.B. 1415), Sec. The term includes a nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. Acts 2013, 83rd Leg., R.S., Ch. (i) rescinds any disciplinary or discriminatory action taken against the nurse; (ii) compensates the nurse for lost wages; and. Acts 1999, 76th Leg., ch. Acts 2007, 80th Leg., R.S., Ch. 1.047, eff. 406), Sec. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. Acts 2017, 85th Leg., R.S., Ch. September 1, 2007. 12, eff. Sec. In this subchapter: (1) "Conduct subject to reporting" means conduct by a nurse that: (A) violates this chapter or a board rule and contributed to the death or serious injury of a patient; (B) causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse; (C) constitutes abuse, exploitation, fraud, or a violation of professional boundaries; or.
Sec.
Acts 2009, 81st Leg., R.S., Ch. 1, eff. 553, Sec. Sept. 1, 2001. (c) While interacting with the public in a nursing role, each nurse shall wear a clearly legible insignia identifying the nurse as a registered or vocational nurse. 889 (H.B. The executive director shall report periodically to the board on the corrective or deferred actions imposed under this subchapter, including: (2) the types of violations for which actions were imposed. 6, eff. Sec. Acts 2013, 83rd Leg., R.S., Ch. (d) The executive director of the board shall create a training manual that includes the information required by Subsection (b). September 1, 2013. 375), Sec. (b) The board may not include in its rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that: (1) restricts the person's use of any medium for advertising; (2) restricts the person's personal appearance or use of the person's voice in an advertisement; (3) relates to the size or duration of an advertisement by the person; or. Added by Acts 2003, 78th Leg., ch. 3961), Sec. September 1, 2017. 803, Sec. Sec. (e) At least 30 days before the expiration of the person's license, the board shall send written notice of the impending license expiration to the person at the person's last known address according to the records of the board. (d-12) A clinical competency assessment program operated in another state is not considered to meet standards substantially equivalent to the board's standards if the program fails to meet the applicable requirements under Subsection (d-11) or if the program's graduating student passage rate on the National Council Licensure Examination for Registered Nurses is lower than the board's required passage rate for graduating students of approved in-state programs for four consecutive years. (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. (2) in a subsequent matter relating to the board order or a subsequent violation of this chapter or a board rule. The board, in deciding whether to take disciplinary action against the nurse for a violation of this chapter or board rules, shall balance the need to protect the public and the need to ensure the impaired nurse seeks treatment. (b) An advisory opinion issued by the board under this section is not binding on the board. Amended by Acts 2003, 78th Leg., ch. (c) If the executive director receives a copy of an affidavit under Subsection (b)(2), the executive director may file with the court a contest to the affidavit not later than the fifth day after the date the copy is received. (d) A board member may not serve as a member of an advisory committee, but may serve as a liaison between an advisory committee and the board. (c) The board shall cooperate with the Texas State Board of Medical Examiners in adopting rules under this subchapter to eliminate, to the extent possible, conflicts between the rules adopted by each board. (a-1) Notwithstanding Section 2001.058(e), Government Code, the board in a contested case may not change a finding of fact or conclusion of law or vacate or modify an order of the administrative law judge. 388, Sec. 193), Sec. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. (e) A patient or third-party insurer may not be billed separately for the services performed by a nurse described by Subsection (d). ACTION FOLLOWING RESPONSE. 301.4551. 2426), Sec. Acts 2007, 80th Leg., R.S., Ch. 1058), Sec. Sept. 1, 2003. Sec. Sept. 1, 1999. 301.461. September 1, 2017. Sec. Sept. 1, 2003. (c) A person whose license is on inactive status may not perform any professional nursing or vocational nursing service or work. Amended by Acts 2003, 78th Leg., ch. INACTIVE STATUS. 2426), Sec. Acts 1999, 76th Leg., ch. (a) A complaint and investigation concerning a nurse under this subchapter, all information and material compiled by the board in connection with the complaint and investigation, and the information described by Subsection (d) are: (2) not subject to disclosure, discovery, subpoena, or other means of legal compulsion for release to anyone other than the board or a board employee or agent involved in license holder discipline. 1058), Sec. Retired" or another appropriate title approved by the board. 301.4515. 803 (S.B. 803 (S.B. Sept. 1, 2003. (3) is approved by a state board of nursing of another state and the board, subject to Subsection (d-4). 1, eff. 889 (H.B. RECIPROCAL LICENSE BY ENDORSEMENT FOR CERTAIN FOREIGN APPLICANTS. Added by Acts 2011, 82nd Leg., R.S., Ch. 13, eff. Sec. September 1, 2013. PROGRAMS OF STUDY AND APPROVAL. (b) If the person accepts the executive director's determination and recommended penalty, the board by order shall approve the determination and impose the recommended penalty. (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. 388, Sec. 553, Sec. (k) A lawsuit under Subsection (g) against a state governmental entity shall be brought in a district court in Travis County or a county in which all or part of the acts or omissions giving rise to the cause of action occurred. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. 301.656. 388, Sec. (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. September 1, 2007. Sept. 1, 2003. 993), Sec. Acts 2007, 80th Leg., R.S., Ch. 418 (S.B. 388, Sec. (F) engaging in other acts that require education and training, as prescribed by board rules and policies, commensurate with the nurse's experience, continuing education, and demonstrated competency. (e) If a nurse or applicant refuses to submit to an evaluation after an order requiring the evaluation is entered under Subsection (d), the board may: (3) issue an order limiting the license. Acts 2005, 79th Leg., Ch. (d) The board by rule shall set a length of time beyond which an expired license may not be renewed. 113 (S.B. 1.051, eff.
388, Sec. 999 (H.B. 301.254. (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. (c) A person whose license has been expired for 90 days or less may renew the license by paying to the board the required renewal fee and a late fee in the amount considered appropriate by the board to encourage timely renewal. (a) In this section, "emergency relief program" means a program operated or sponsored by the federal government, the state, or a nonprofit organization to provide nurses to assist in providing health care to victims or potential victims of a disaster or state or local emergency. (d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 301.653. 21(4), eff. Acts 1999, 76th Leg., ch. (5) the nurse has successfully completed the requirements imposed by the board in the disciplinary order related to the disciplinary action. September 1, 2007. Acts 1999, 76th Leg., ch. 2950), Sec. 301.416. 1000), Sec. The executive director shall distribute a copy of the training manual annually to each board member. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES.
889 (H.B. (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. 14.125(a), eff. 1434), Sec. (b) The board may require a certified registered nurse anesthetist to submit and comply with a corrective action plan to remedy or address any current or potential deficiencies with the nurse anesthetist's provision of anesthesia in an outpatient setting in accordance with this chapter or board rule. (1-b) "Patient safety committee" has the meaning assigned by Section 303.001. 8, eff. September 1, 2007. Amended by Acts 2003, 78th Leg., ch.
301.1595. Instead of requiring the person to submit the information, the board may require the educational program to collect and submit the information on each person accepted for enrollment or enrolled in the program. June 20, 2003. (a) A person may petition the board for a declaratory order as to the person's eligibility for a license under this chapter if the person has reason to believe that the person is ineligible for the license and: (1) is enrolled or planning to enroll in an educational program that prepares a person for an initial license as a registered nurse or vocational nurse; or. (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. (d) A violation of Subsection (c) is subject to Section 301.413. 301.1545. 476), Sec. 2, eff. 3, eff.
DISCLOSURE OF CHARGES OR DISCIPLINARY ACTION. 301.058.
Sec. 301.511. The board by rule shall develop a process for students enrolled in a school of nursing or educational program operated in another state that does not meet standards substantially equivalent to the board's standards to apply for an initial license under this chapter. Sept. 1, 1999. (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. Sec. (e) A permit issued under Subsection (d) expires on the earlier of: (1) the date of receipt of a permanent license; or. September 1, 2011. June 19, 2009. The refusal by a nurse to work mandatory overtime as authorized by Chapter 258, Health and Safety Code, does not constitute patient abandonment or neglect.
553, Sec. 388, Sec. (2) there was a reasonable factual or legal basis for that belief. ADVISORY COMMITTEES. (c) The board may refuse to admit a person to a licensing examination for a ground described under Subsection (b). Sec. Sec. 1.008, eff.
Sec. 13, eff.
Sec. SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL. (b) The board by rule shall adopt guidelines for the types of violations for which a corrective action may be imposed. RULES REGARDING DELEGATION OF CERTAIN MEDICAL ACTS. (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. 301.604. 7, eff. 1, eff. May 20, 2005. 876, Sec. 1, eff. 803, Sec. (a) The board by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering this chapter. Acts 2021, 87th Leg., R.S., Ch. 1.031, eff. 1, eff. 17, eff. (2) order the release of the bond in full if the penalty is not imposed or order the release of the bond after the person pays the penalty imposed if the person posted a supersedeas bond. November 1, 2013. Acts 2007, 80th Leg., R.S., Ch. (b) A nurse shall report to the board in the manner prescribed under Subsection (d) if the nurse has reasonable cause to suspect that: (1) another nurse has engaged in conduct subject to reporting; or. (b) The person must pay to the board a fee that is equal to the amount of the initial fee for the license and the renewal fee. 1, eff. (C) attend or present a continuing nursing education program.
(b) In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the board shall consider: (A) is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or. (b) If the board determines that the reported conduct does not indicate that the continued practice of nursing by the nurse poses a risk of harm to a client or other person, the board, with the written consent of the nurse and the person making the report, may elect not to proceed with an investigation or to file formal charges. (a) A nurse who is entitled to receive notice under Section 301.414 or the authorized representative of the nurse may file with the board a statement of reasonable length containing the nurse's rebuttal of any information in the report to the board. September 1, 2007. 553, Sec. (a) The board may not adopt rules restricting advertising or competitive bidding by a person except to prohibit false, misleading, or deceptive practices by the person. Sec. Acts 2007, 80th Leg., R.S., Ch. 388, Sec. GROUNDS FOR DISCIPLINARY ACTION. 2.25, eff. 2950), Sec. (3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. (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. 1, eff. 1.043, eff. (a) The board shall require each certified registered nurse anesthetist who provides anesthesia services in an outpatient setting to register biennially by applying to the board on a form prescribed by the board and paying to the board a fee in an amount established by the board. Amended by Acts 2003, 78th Leg., ch. Sec. 2426), Sec. (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. A board member liaison is not required to attend advisory committee meetings. (f) The board may assess each program and provider under this section a fee in an amount that is reasonable and necessary to defray the costs incurred in approving programs and providers. 6, eff. (c) On the filing of a complaint, the board: (1) may conduct a preliminary investigation into the identity of the nurse named or described in the complaint; (2) shall make a timely and appropriate preliminary investigation of the complaint; and.
Sec. (c) The governor shall deliver a biennial report to the legislature based on the information received under Subsection (b).
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