1.047, eff. 301.417. Acts 1999, 76th Leg., ch. Acts 1999, 76th Leg., ch. metaphors caduceus iconfinder digitalcrafts thenounproject paralytic invalid illness suicase May 20, 2005. Acts 2007, 80th Leg., R.S., Ch. emergeny 301.1615. September 1, 2011. (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. (g) A violation of Subsection (f) is subject to Section 301.413. 1, eff. (b) The board shall elect other officers from its members. (c) If requested in writing by a person who fails an examination, the board shall provide to the person an analysis of the person's performance on the examination. Sept. 1, 2001. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (e) After the hearing, the board shall affirm, modify, or set aside wholly or partly the emergency cease and desist order. (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. 889 (H.B. APPLICATION OF CHAPTER. 388, Sec. Sept. 1, 1999. REQUESTS FOR INSPECTION AND ADVISORY OPINIONS. September 1, 2007. 301.464. Sec. Issuance of a license by the board is conditioned on the board obtaining the applicant's criminal history record information under this section. If the board takes a final disciplinary action, including a warning or reprimand, against a nurse under this subchapter, the board shall immediately send a copy of the board's final order to the nurse and to the last known employer of the nurse. 553, Sec. 1.056, eff. 1.008, eff. 1058 (H.B. 4, eff. IMPOSITION OF PENALTY. MONITORING OF LICENSE HOLDER. 301.455. (3) a diploma program that is conducted by a single-purpose school, usually under the control of a hospital, and that leads to a diploma in nursing. Sept. 1, 2003. September 1, 2009. 1, eff. September 1, 2013. (2) surveys a facility or agency listed in Subdivision (1) regarding the quality of nursing care provided by the facility or agency. (a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and. Sec. Acts 2007, 80th Leg., R.S., Ch. 1.016, eff. Acts 2007, 80th Leg., R.S., Ch. 1, eff. Acts 2009, 81st Leg., R.S., Ch. June 20, 2003. 1.048, eff. 6, eff. VOLUNTARY SURRENDER OF LICENSE. (b) The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies. 2426), Sec. Acts 1999, 76th Leg., ch. June 19, 2009. 
(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. Sec. Acts 1999, 76th Leg., ch. (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. "; or. (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. 
3961), Sec. 
(1-a) "Chief nursing officer" means the registered nurse who is administratively responsible for the nursing services at a facility. (c) A health maintenance organization or an insurer, including an insurer offering a preferred provider benefit plan, may not, by contract or any other method, require a physician to use the services of a nurse first assistant. The board may impose any condition before granting a stay of the order. (a) As part of a continuing competency program under Section 301.303, a license holder shall complete at least two hours of continuing education relating to nursing jurisprudence and nursing ethics before the end of every third two-year licensing period. 388, Sec. 1360), Sec. Sec. September 1, 2007. 301.410. 
September 1, 2011. (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. 301.470. 301.2511. (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. Acts 2011, 82nd Leg., R.S., Ch. (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. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. (a) Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under Section 301.457. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. 301.302. 2950), Sec. Sept. 1, 1999. (f) A person who holds a temporary permit issued under this section is considered to be a licensed registered nurse or vocational nurse for all purposes except to the extent of any stipulation or limitation on practice imposed by the board as a condition of issuing the permit. 113 (S.B. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. The board may obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge as provided by Section 2001.058(f)(5), Government Code. This subsection does not relieve a local prosecuting officer of any duty under the law. 509 (H.B. 8, eff. (b-1) The board may not require accreditation of the governing institution of a school of nursing. Sec. 301.411. 8, eff. 301.257. 301.507. (c) The board shall adopt rules regarding the purpose, structure, and use of advisory committees, including rules on: (1) the purpose, role, responsibility, and goal of an advisory committee; (2) the size and quorum requirements for an advisory committee; (3) the composition and representation of an advisory committee; (4) the qualifications of advisory committee members, such as experience or area of residence; (5) the appointment procedures for advisory committees; (6) the terms of service for advisory committee members; (7) the training requirements for advisory committee members, if necessary; (8) the method the board will use to receive public input on issues addressed by an advisory committee; and. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. (a) The board may recommend to the Texas State Board of Medical Examiners the adoption of rules relating to the delegation by physicians of medical acts to registered nurses and vocational nurses licensed by the board. 1, eff. A proceeding under this subchapter is subject to Chapter 2001, Government Code. 1.055, eff. Added by Acts 2007, 80th Leg., R.S., Ch. If the executive director determines that a person has committed a violation for which a corrective action may be imposed under the guidelines adopted under Section 301.652(b), the executive director may give written notice of the determination and recommendation for corrective action to the person subject to the corrective action. The inactive status begins on the expiration date of the person's license. September 1, 2011. 
(e) The board shall analyze complaints filed with the board to identify any trends or issues related to certain violations, including: (2) how each complaint was resolved; and. (3) sets forth in a petition the principal grounds of objection to the rule or order. 21(4), eff. ), if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or. 7, eff. REFUSAL OF MANDATORY OVERTIME. The board may condition approval of a program on compliance with this section and rules adopted under this section. (g) The board may release to the public a final cease and desist order issued under this section or information regarding the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest. 1.024, eff. The hearing shall be called by the presiding officer of the board, who shall issue a notice to be served on the person or the person's counsel not later than the 20th day before the date scheduled for the hearing that: (1) sets the time and place for the hearing; and. 2426), Sec. Sept. 1, 1999. Sec. Sept. 1, 2003. 889 (H.B. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures. (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. (a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of professional nursing or vocational nursing and the board determines that the unauthorized activity constitutes a clear, imminent, or continuing threat to the public health and safety, the board may: (1) issue an emergency cease and desist order prohibiting the person from engaging in the activity; and. Acts 2017, 85th Leg., R.S., Ch. Sec. DEFERRED ACTION. Acts 2013, 83rd Leg., R.S., Ch. Sec. June 20, 2003. Sec. The presiding officer shall call a special board meeting on the written request of at least two board members. 999 (H.B. 388, Sec. September 1, 2007. (e) The board may assist federal, state, or local law enforcement agencies in the investigation and prosecution of crimes related to the practice of nursing. 1, eff. September 1, 2005. 993), Sec. Acts 1999, 76th Leg., ch. (a) An applicant for a registered nurse license must submit to the board, in addition to satisfying the other requirements of this subchapter, a complete and legible set of fingerprints, on a form prescribed by the board, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. June 20, 2003. Sec. 26, eff. (2) find that a violation did not occur. (e) A permit issued under Subsection (d) expires on the earlier of: (1) the date of receipt of a permanent license; or. Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. A person whose license has expired may not engage in activities that require a license until the license has been renewed. September 1, 2007. (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. (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. 301.452. 301.607. 1189 (S.B. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2003. CONTINUING COMPETENCY. 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. 1, eff. Sec. The Texas Board of Nursing is subject to Chapter 325, Government Code (Texas Sunset Act). Acts 1999, 76th Leg., ch. or "V.N.". NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (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. (b) The board may not require participation in more than a total of 20 hours of continuing education in a two-year licensing period. 301.261. (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. 878 (S.B. Acts 2013, 83rd Leg., R.S., Ch. 553, Sec. Sept. 1, 1999. (f) The board shall develop a written refund policy regarding examination fees that: (1) defines the reasonable notification period and the emergencies that would qualify for a refund; and. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (d) The board shall adopt reasonable rules to promote discovery by each party to a contested case. (b) The board may treat a person's acceptance of corrective or deferred action as an admission of a violation if the board imposes a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter. (B) verbally, if authorized by the nurse's employer or another entity at which the nurse is authorized to practice; (B) a committee authorized under state or federal law to receive reports under Section 301.4025(b); or, (C) an individual or committee authorized by the nurse's employer or another entity at which the nurse is authorized to practice; and, (A) the fifth day after the date the nurse became aware of the situation if the situation involves a single incident; or. (2) advises a nurse of the nurse's rights and obligations under this section. Sept. 1, 2003. 301.603. 418 (S.B. 2426), Sec. Sec. Sec. (b) Rules adopted under this section must: (1) provide the complainant and the license holder an opportunity to be heard; and. Sept. 1, 1999. (f) At each public meeting of the board, the executive director shall report to the board each complaint dismissed under Subsection (a)(6) since the board's last public meeting. 999 (H.B. 418 (S.B. 509 (H.B. 7, eff. 21(5), eff. 803 (S.B. APPLICABILITY. 10, eff. 5, eff. 3167), Sec. 1, eff. 301.652. (b) A reference in any other law to an "advanced nurse practitioner" or "advanced practice nurse" means an advanced practice registered nurse. 1189 (S.B. November 1, 2013. (b) An act by a person under Subsection (a) does not constitute a violation of this section if a nursing peer review committee under Chapter 303 determines: (1) that the act or omission the nurse refused to engage in was not: (A) conduct reportable to the board under Section 301.403; (C) a violation of this chapter or a board rule; or, (A) the act or omission in which the nurse refused to engage was conduct reportable to the board, a minor incident, or a violation of this chapter or a board rule; and. (3) a letter of noncompliance from the peer assistance program. 889 (H.B. The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination. June 19, 2009. DUTY OF PROSECUTING ATTORNEY TO REPORT. (2) if the person successfully meets the imposed conditions, dismiss the complaint. 999 (H.B. September 1, 2007. Sec. 113 (S.B. 1058), Sec. (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. Sept. 1, 2003. 388, Sec. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2003. 388, Sec. 803 (S.B. (2) describe the documents required by the board to make a determination of license eligibility. Sept. 1, 2003. September 1, 2007. 
metaphors caduceus paralytic invalid Sept. 1, 1999. 1420, Sec. RESPONSE. 301.465. (b) The board may refuse to renew the license of a person who does not comply with the requirement of Subsection (a). (2) is insured by a nonadmitted carrier. Sept. 1, 2003. Sec. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. Sept. 1, 2003. September 1, 2011. 993), Sec. (b) A recommendation under Subsection (a) shall be treated in the same manner as a petition for the adoption of a rule by an interested party under Chapter 2001, Government Code. 5, eff. 1.021, eff. Sept. 1, 1999. Sept. 1, 1999. (b) In addition to or instead of an action under Subsection (a), the board, by order, may require the person to: (1) submit to care, counseling, or treatment by a health provider designated by the board as a condition for the issuance or renewal of a license; (2) participate in a program of education or counseling prescribed by the board, including a program of remedial education; (3) practice for a specified period under the direction of a registered nurse or vocational nurse designated by the board; (4) perform public service the board considers appropriate; or. 301.055. 113 (S.B. (d) The signature of an advanced practice registered nurse attesting to the provision of a legally authorized service by the advanced practice registered nurse satisfies any documentation requirement for that service established by a state agency. 301.502. September 1, 2007. (c) A nurse's rights under this section may not be nullified by a contract. (e) The reporting required under this subchapter does not constitute state action on behalf of the person reporting. (b) The statement made under Subsection (a) must accompany the part of the report being rebutted. (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. 10, eff. (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. (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. 193), Sec. 388, Sec. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. (a) The board by rule shall adopt procedures under Chapter 2001, Government Code, governing formal disposition of a contested case. 1, eff. metaphors caduceus invalid 301.1595. ASSESSMENT OF COSTS PROHIBITED. (a) A person against whom the board has taken adverse action under this chapter may appeal to a district court in the county of the person's residence or in Travis County. (a) The board may require that an applicant for renewal of an unexpired license submit to the board, in addition to satisfying any other requirements for license renewal, a complete and legible set of fingerprints, on a form prescribed by the board, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. Amended by Acts 2003, 78th Leg., ch. September 1, 2007. ENFORCEMENT. 2426), Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. (2) the mandatory reporting requirements unless the program: (A) is designed to evaluate the efficiency of alternative reporting methods; and. (g) The board may require an individual accepted for enrollment or enrolled in an educational program preparing a student for initial licensure as a registered nurse or vocational nurse to submit information to the board to permit the board to determine whether the person is aware of the conditions that may disqualify the person from licensure as a registered nurse or vocational nurse on graduation and of the person's right to petition the board for a declaratory order under this section. (b) The board may deny a license to an applicant who does not comply with the requirement of Subsection (a). 
The executive director shall distribute a copy of the training manual annually to each board member. Amended by Acts 2003, 78th Leg., ch. PROGRAMS OF STUDY AND APPROVAL. 1366), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Sept. 1, 2003. The corrective action: (1) may be a fine, remedial education, or any combination of a fine or remedial education; (2) is not a disciplinary action under Subchapter J; and. (d) The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made. 13, eff. 1.045, eff. 1189 (S.B. 1, eff. (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. (b) The board shall adopt rules to implement this section. Sept. 1, 2003. Added by Acts 2017, 85th Leg., R.S., Ch. 388, Sec. (a) The board may not adopt a rule, regulation, or policy that violates Chapter 110, Civil Practice and Remedies Code. September 1, 2009. September 1, 2007. healthcare Sec. (B) an applicant for an initial license or renewal of a license. GIFTS AND GRANTS. (d) Notice under Subsection (c) is sufficient if sent by registered or certified mail to the affected person at the person's most recent address as shown in the board's records. September 1, 2007. Sec. Acts 2005, 79th Leg., Ch. (C) is not accompanied by the correct fee. Acts 1999, 76th Leg., ch. 301.602. 803 (S.B. Sec. 16, eff. (3) administer an oath to a person giving testimony at hearings; and. (b) The board may grant a pilot program approved under this section 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. 301.409. 509 (H.B. Added by Acts 2011, 82nd Leg., R.S., Ch. 581), Sec. Amended by Acts 2003, 78th Leg., ch. 1.040, eff. (a) The board may appoint advisory committees to perform the advisory functions assigned by the board. Acts 1999, 76th Leg., ch. 14, eff. Sept. 1, 1999. 1000), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) is approved by a state board of nursing of another state and the board, subject to Subsection (d-4). Sec. Acts 2007, 80th Leg., R.S., Ch. 2426), Sec. 1366), Sec. Sec. 301.157. September 1, 2019. Sept. 1, 2003. Acts 1999, 76th Leg., ch. (B) giving a copy of the affidavit to the executive director by certified mail. Acts 2007, 80th Leg., R.S., Ch. (d) A violation of Subsection (c) is subject to Section 301.413. (f) A registered nurse who practices professional nursing or a vocational nurse who practices vocational nursing after the expiration of the nurse's license is an illegal practitioner whose license may be revoked or suspended. (d-6) The board, in cooperation with the Texas Higher Education Coordinating Board and the Texas Workforce Commission, shall establish guidelines for the initial approval of schools of nursing or educational programs. (b) The board shall provide reasonable assistance to a person who wishes to file a complaint with the board. Sec. (b) A prosecuting attorney shall comply with Subsection (a) even if the conviction, adjudication, or finding is entered, withheld, or appealed under the laws of this state. 1, eff. (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. Amended by Acts 2001, 77th Leg., ch. 2, eff. A request for an evaluation under this subsection must be in writing and state: (3) how the board may use the evaluation; (4) that the nurse or applicant may refuse to submit to an evaluation; and. (3) concurrently renew any license or approval granted to an advanced practice registered nurse under this subsection and a license renewed by the advanced practice registered nurse under Section 301.301. REMITTANCE OF PENALTY AND INTEREST. (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. (a) Except as provided by Subsection (b), a nursing peer review committee operating under Chapter 303 that determines that a nurse has engaged in conduct subject to reporting shall file with the board a written, signed report that includes: (2) a description of any corrective action taken against the nurse; (3) a recommendation whether the board should take formal disciplinary action against the nurse and the basis for the recommendation; (4) a description of the conduct subject to reporting; (5) the extent to which any deficiency in care provided by the reported nurse was the result of a factor beyond the nurse's control; and.
(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. Sec. Acts 1999, 76th Leg., ch. (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. "; or. (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. 3961), Sec. (1-a) "Chief nursing officer" means the registered nurse who is administratively responsible for the nursing services at a facility. (c) A health maintenance organization or an insurer, including an insurer offering a preferred provider benefit plan, may not, by contract or any other method, require a physician to use the services of a nurse first assistant. The board may impose any condition before granting a stay of the order. (a) As part of a continuing competency program under Section 301.303, a license holder shall complete at least two hours of continuing education relating to nursing jurisprudence and nursing ethics before the end of every third two-year licensing period. 388, Sec. 1360), Sec. Sec. September 1, 2007. 301.410. September 1, 2011. (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. 301.470. 301.2511. (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. Acts 2011, 82nd Leg., R.S., Ch. (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. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. (a) Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under Section 301.457. Added by Acts 2009, 81st Leg., R.S., Ch. 1, eff. 301.302. 2950), Sec. Sept. 1, 1999. (f) A person who holds a temporary permit issued under this section is considered to be a licensed registered nurse or vocational nurse for all purposes except to the extent of any stipulation or limitation on practice imposed by the board as a condition of issuing the permit. 113 (S.B. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 2003. The board may obtain judicial review of any finding of fact or conclusion of law issued by the administrative law judge as provided by Section 2001.058(f)(5), Government Code. This subsection does not relieve a local prosecuting officer of any duty under the law. 509 (H.B. 8, eff. (b-1) The board may not require accreditation of the governing institution of a school of nursing. Sec. 301.411. 8, eff. 301.257. 301.507. (c) The board shall adopt rules regarding the purpose, structure, and use of advisory committees, including rules on: (1) the purpose, role, responsibility, and goal of an advisory committee; (2) the size and quorum requirements for an advisory committee; (3) the composition and representation of an advisory committee; (4) the qualifications of advisory committee members, such as experience or area of residence; (5) the appointment procedures for advisory committees; (6) the terms of service for advisory committee members; (7) the training requirements for advisory committee members, if necessary; (8) the method the board will use to receive public input on issues addressed by an advisory committee; and. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. (a) The board may recommend to the Texas State Board of Medical Examiners the adoption of rules relating to the delegation by physicians of medical acts to registered nurses and vocational nurses licensed by the board. 1, eff. A proceeding under this subchapter is subject to Chapter 2001, Government Code. 1.055, eff. Added by Acts 2007, 80th Leg., R.S., Ch. If the executive director determines that a person has committed a violation for which a corrective action may be imposed under the guidelines adopted under Section 301.652(b), the executive director may give written notice of the determination and recommendation for corrective action to the person subject to the corrective action. The inactive status begins on the expiration date of the person's license. September 1, 2011. (e) The board shall analyze complaints filed with the board to identify any trends or issues related to certain violations, including: (2) how each complaint was resolved; and. (3) sets forth in a petition the principal grounds of objection to the rule or order. 21(4), eff. ), if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or. 7, eff. REFUSAL OF MANDATORY OVERTIME. The board may condition approval of a program on compliance with this section and rules adopted under this section. (g) The board may release to the public a final cease and desist order issued under this section or information regarding the existence of the order if the board determines that the release would enhance the effective enforcement of the order or will serve the public interest. 1.024, eff. The hearing shall be called by the presiding officer of the board, who shall issue a notice to be served on the person or the person's counsel not later than the 20th day before the date scheduled for the hearing that: (1) sets the time and place for the hearing; and. 2426), Sec. Sept. 1, 1999. Sec. Sept. 1, 2003. 889 (H.B. The term does not include acts of medical diagnosis or the prescription of therapeutic or corrective measures. (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. (a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to the practice of professional nursing or vocational nursing and the board determines that the unauthorized activity constitutes a clear, imminent, or continuing threat to the public health and safety, the board may: (1) issue an emergency cease and desist order prohibiting the person from engaging in the activity; and. Acts 2017, 85th Leg., R.S., Ch. Sec. DEFERRED ACTION. Acts 2013, 83rd Leg., R.S., Ch. Sec. June 20, 2003. Sec. The presiding officer shall call a special board meeting on the written request of at least two board members. 999 (H.B. 388, Sec. September 1, 2007. (e) The board may assist federal, state, or local law enforcement agencies in the investigation and prosecution of crimes related to the practice of nursing. 1, eff. September 1, 2005. 993), Sec. Acts 1999, 76th Leg., ch. (a) An applicant for a registered nurse license must submit to the board, in addition to satisfying the other requirements of this subchapter, a complete and legible set of fingerprints, on a form prescribed by the board, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. June 20, 2003. Sec. 26, eff. (2) find that a violation did not occur. (e) A permit issued under Subsection (d) expires on the earlier of: (1) the date of receipt of a permanent license; or. Acts 1999, 76th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. A person whose license has expired may not engage in activities that require a license until the license has been renewed. September 1, 2007. (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. (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. 301.452. 301.607. 1189 (S.B. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2003. CONTINUING COMPETENCY. 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. 1, eff. Sec. The Texas Board of Nursing is subject to Chapter 325, Government Code (Texas Sunset Act). Acts 1999, 76th Leg., ch. or "V.N.". NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (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. (b) The board may not require participation in more than a total of 20 hours of continuing education in a two-year licensing period. 301.261. (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. 878 (S.B. Acts 2013, 83rd Leg., R.S., Ch. 553, Sec. Sept. 1, 1999. (f) The board shall develop a written refund policy regarding examination fees that: (1) defines the reasonable notification period and the emergencies that would qualify for a refund; and. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty. (d) The board shall adopt reasonable rules to promote discovery by each party to a contested case. (b) The board may treat a person's acceptance of corrective or deferred action as an admission of a violation if the board imposes a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter. (B) verbally, if authorized by the nurse's employer or another entity at which the nurse is authorized to practice; (B) a committee authorized under state or federal law to receive reports under Section 301.4025(b); or, (C) an individual or committee authorized by the nurse's employer or another entity at which the nurse is authorized to practice; and, (A) the fifth day after the date the nurse became aware of the situation if the situation involves a single incident; or. (2) advises a nurse of the nurse's rights and obligations under this section. Sept. 1, 2003. 301.603. 418 (S.B. 2426), Sec. Sec. Sec. (b) Rules adopted under this section must: (1) provide the complainant and the license holder an opportunity to be heard; and. Sept. 1, 1999. (f) At each public meeting of the board, the executive director shall report to the board each complaint dismissed under Subsection (a)(6) since the board's last public meeting. 999 (H.B. 418 (S.B. 509 (H.B. 7, eff. 21(5), eff. 803 (S.B. APPLICABILITY. 10, eff. 5, eff. 3167), Sec. 1, eff. 301.652. (b) A reference in any other law to an "advanced nurse practitioner" or "advanced practice nurse" means an advanced practice registered nurse. 1189 (S.B. November 1, 2013. (b) An act by a person under Subsection (a) does not constitute a violation of this section if a nursing peer review committee under Chapter 303 determines: (1) that the act or omission the nurse refused to engage in was not: (A) conduct reportable to the board under Section 301.403; (C) a violation of this chapter or a board rule; or, (A) the act or omission in which the nurse refused to engage was conduct reportable to the board, a minor incident, or a violation of this chapter or a board rule; and. (3) a letter of noncompliance from the peer assistance program. 889 (H.B. The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination. June 19, 2009. DUTY OF PROSECUTING ATTORNEY TO REPORT. (2) if the person successfully meets the imposed conditions, dismiss the complaint. 999 (H.B. September 1, 2007. Sec. 113 (S.B. 1058), Sec. (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. Sept. 1, 2003. 388, Sec. Amended by Acts 2001, 77th Leg., ch. Sept. 1, 2003. 388, Sec. 803 (S.B. (2) describe the documents required by the board to make a determination of license eligibility. Sept. 1, 2003. September 1, 2007. metaphors caduceus paralytic invalid Sept. 1, 1999. 1420, Sec. RESPONSE. 301.465. (b) The board may refuse to renew the license of a person who does not comply with the requirement of Subsection (a). (2) is insured by a nonadmitted carrier. Sept. 1, 2003. Sec. Amended by Acts 2003, 78th Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. Sept. 1, 2003. September 1, 2011. 993), Sec. (b) A recommendation under Subsection (a) shall be treated in the same manner as a petition for the adoption of a rule by an interested party under Chapter 2001, Government Code. 5, eff. 1.021, eff. Sept. 1, 1999. Sept. 1, 1999. (b) In addition to or instead of an action under Subsection (a), the board, by order, may require the person to: (1) submit to care, counseling, or treatment by a health provider designated by the board as a condition for the issuance or renewal of a license; (2) participate in a program of education or counseling prescribed by the board, including a program of remedial education; (3) practice for a specified period under the direction of a registered nurse or vocational nurse designated by the board; (4) perform public service the board considers appropriate; or. 301.055. 113 (S.B. (d) The signature of an advanced practice registered nurse attesting to the provision of a legally authorized service by the advanced practice registered nurse satisfies any documentation requirement for that service established by a state agency. 301.502. September 1, 2007. (c) A nurse's rights under this section may not be nullified by a contract. (e) The reporting required under this subchapter does not constitute state action on behalf of the person reporting. (b) The statement made under Subsection (a) must accompany the part of the report being rebutted. (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. 10, eff. (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. (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. 193), Sec. 388, Sec. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. (a) The board by rule shall adopt procedures under Chapter 2001, Government Code, governing formal disposition of a contested case. 1, eff. metaphors caduceus invalid 301.1595. ASSESSMENT OF COSTS PROHIBITED. (a) A person against whom the board has taken adverse action under this chapter may appeal to a district court in the county of the person's residence or in Travis County. (a) The board may require that an applicant for renewal of an unexpired license submit to the board, in addition to satisfying any other requirements for license renewal, a complete and legible set of fingerprints, on a form prescribed by the board, for the purpose of obtaining criminal history record information from the Department of Public Safety and the Federal Bureau of Investigation. Amended by Acts 2003, 78th Leg., ch. September 1, 2007. ENFORCEMENT. 2426), Sec. Sec. Acts 2013, 83rd Leg., R.S., Ch. September 1, 2013. (2) the mandatory reporting requirements unless the program: (A) is designed to evaluate the efficiency of alternative reporting methods; and. (g) The board may require an individual accepted for enrollment or enrolled in an educational program preparing a student for initial licensure as a registered nurse or vocational nurse to submit information to the board to permit the board to determine whether the person is aware of the conditions that may disqualify the person from licensure as a registered nurse or vocational nurse on graduation and of the person's right to petition the board for a declaratory order under this section. (b) The board may deny a license to an applicant who does not comply with the requirement of Subsection (a). 
The executive director shall distribute a copy of the training manual annually to each board member. Amended by Acts 2003, 78th Leg., ch. PROGRAMS OF STUDY AND APPROVAL. 1366), Sec. Added by Acts 2013, 83rd Leg., R.S., Ch. 1, eff. Sept. 1, 2003. The corrective action: (1) may be a fine, remedial education, or any combination of a fine or remedial education; (2) is not a disciplinary action under Subchapter J; and. (d) The board shall notify the parties to the complaint of any change in the schedule not later than the seventh day after the date the change is made. 13, eff. 1.045, eff. 1189 (S.B. 1, eff. (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. (b) The board shall adopt rules to implement this section. Sept. 1, 2003. Added by Acts 2017, 85th Leg., R.S., Ch. 388, Sec. (a) The board may not adopt a rule, regulation, or policy that violates Chapter 110, Civil Practice and Remedies Code. September 1, 2009. September 1, 2007. healthcare Sec. (B) an applicant for an initial license or renewal of a license. GIFTS AND GRANTS. (d) Notice under Subsection (c) is sufficient if sent by registered or certified mail to the affected person at the person's most recent address as shown in the board's records. September 1, 2007. Sec. Acts 2005, 79th Leg., Ch. (C) is not accompanied by the correct fee. Acts 1999, 76th Leg., ch. 301.602. 803 (S.B. Sec. 16, eff. (3) administer an oath to a person giving testimony at hearings; and. (b) The board may grant a pilot program approved under this section 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. 301.409. 509 (H.B. Added by Acts 2011, 82nd Leg., R.S., Ch. 581), Sec. Amended by Acts 2003, 78th Leg., ch. 1.040, eff. (a) The board may appoint advisory committees to perform the advisory functions assigned by the board. Acts 1999, 76th Leg., ch. 14, eff. Sept. 1, 1999. 1000), Sec. Sept. 1, 2003; Acts 2003, 78th Leg., ch. (3) is approved by a state board of nursing of another state and the board, subject to Subsection (d-4). Sec. Acts 2007, 80th Leg., R.S., Ch. 2426), Sec. 1366), Sec. Sec. 301.157. September 1, 2019. Sept. 1, 2003. Acts 1999, 76th Leg., ch. (B) giving a copy of the affidavit to the executive director by certified mail. Acts 2007, 80th Leg., R.S., Ch. (d) A violation of Subsection (c) is subject to Section 301.413. (f) A registered nurse who practices professional nursing or a vocational nurse who practices vocational nursing after the expiration of the nurse's license is an illegal practitioner whose license may be revoked or suspended. (d-6) The board, in cooperation with the Texas Higher Education Coordinating Board and the Texas Workforce Commission, shall establish guidelines for the initial approval of schools of nursing or educational programs. (b) The board shall provide reasonable assistance to a person who wishes to file a complaint with the board. Sec. (b) A prosecuting attorney shall comply with Subsection (a) even if the conviction, adjudication, or finding is entered, withheld, or appealed under the laws of this state. 1, eff. (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. Amended by Acts 2001, 77th Leg., ch. 2, eff. A request for an evaluation under this subsection must be in writing and state: (3) how the board may use the evaluation; (4) that the nurse or applicant may refuse to submit to an evaluation; and. (3) concurrently renew any license or approval granted to an advanced practice registered nurse under this subsection and a license renewed by the advanced practice registered nurse under Section 301.301. REMITTANCE OF PENALTY AND INTEREST. (a) The board shall maintain a system to promptly and efficiently act on complaints filed with the board. (a) Except as provided by Subsection (b), a nursing peer review committee operating under Chapter 303 that determines that a nurse has engaged in conduct subject to reporting shall file with the board a written, signed report that includes: (2) a description of any corrective action taken against the nurse; (3) a recommendation whether the board should take formal disciplinary action against the nurse and the basis for the recommendation; (4) a description of the conduct subject to reporting; (5) the extent to which any deficiency in care provided by the reported nurse was the result of a factor beyond the nurse's control; and.
