193), Sec. (d) On final conviction of an offense under Subsection (a), the defendant forfeits all rights and privileges conferred by a license issued under this chapter. 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. (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.
889 (H.B. 3961), Sec. (2) is unable to take the examination because of an emergency. (b) A person is subject to denial of a license or to disciplinary action under this subchapter for: (1) a violation of this chapter, a rule or regulation not inconsistent with this chapter, or an order issued under this chapter; (2) fraud or deceit in procuring or attempting to procure a license to practice professional nursing or vocational nursing; (3) a conviction for, or placement on deferred adjudication community supervision or deferred disposition for, a felony or for a misdemeanor involving moral turpitude; (4) conduct that results in the revocation of probation imposed because of conviction for a felony or for a misdemeanor involving moral turpitude; (5) use of a nursing license, diploma, or permit, or the transcript of such a document, that has been fraudulently purchased, issued, counterfeited, or materially altered; (6) impersonating or acting as a proxy for another person in the licensing examination required under Section 301.253 or 301.255; (7) directly or indirectly aiding or abetting an unlicensed person in connection with the unauthorized practice of nursing; (8) revocation, suspension, or denial of, or any other action relating to, the person's license or privilege to practice nursing in another jurisdiction or under federal law; (9) intemperate use of alcohol or drugs that the board determines endangers or could endanger a patient; (10) unprofessional conduct in the practice of nursing that is likely to deceive, defraud, or injure a patient or the public; (11) adjudication of mental incompetency; (12) lack of fitness to practice because of a mental or physical health condition that could result in injury to a patient or the public; (13) performing or delegating to another individual the performance of a pelvic examination on an anesthetized or unconscious patient in violation of Section 167A.002, Health and Safety Code; or. 889 (H.B. (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. 301.552. FORMAL HEARING. OFFICERS. Sec. Acts 2007, 80th Leg., R.S., Ch. The board may not set a fee that existed on September 1, 1993, in an amount less than the amount of that fee on that date.
Acts 2007, 80th Leg., R.S., Ch. 1.042, eff.
26, eff. (4) cause the prosecution of each person violating this chapter. 803 (S.B. 1, eff. 
6, 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. Added by Acts 2017, 85th Leg., R.S., Ch. May 20, 2005. (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. September 1, 2005. Amended by Acts 2003, 78th Leg., ch. (a) The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and. Sept. 1, 1999. (b) An advisory opinion issued by the board under this section is not binding on the board. Amended by Acts 2003, 78th Leg., ch. Acts 2005, 79th Leg., Ch. 1102, Sec. 1, eff.
(b) The board shall adopt rules governing reporting required under this subchapter to minimize: (1) unnecessary duplicative reporting; and. (2) require the presence of a representative of the board's legal staff or of the attorney general to advise the board or the board's employees. Acts 1999, 76th Leg., ch. Sept. 1, 1999. 877 (S.B.
(e) To the extent of any conflict with Chapter 2110, Government Code, this section and board rules adopted under this section control. (a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the board's jurisdiction. (b) Unless it would jeopardize an ongoing investigation, the board must provide notice at least five business days before the date of conducting an on-site inspection under this section. Sec. EFFECT OF FAILURE TO REPORT. Sec. 889 (H.B. 406), Sec. 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. Added by Acts 2003, 78th Leg., ch. Sec. November 1, 2013. Sept. 1, 2003. Sept. 1, 1999. 96 (S.B. 796 (H.B. September 1, 2011. 553, Sec. 1, eff.
Sept. 1, 1999.
ASSESSMENT OF COSTS PROHIBITED.
6, eff. (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. 1092 (S.B. GROUNDS FOR REMOVAL. (a) The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. (2) consideration of a license holder's professional portfolio, including certifications held by the license holder. 889 (H.B. 1, eff. Acts 2011, 82nd Leg., R.S., Ch.
388, Sec. 1189 (S.B.
Added by Acts 2013, 83rd Leg., R.S., Ch. Issuance of a license by the board is conditioned on the board obtaining the applicant's criminal history record information under this section. A nursing peer review committee that determines that there is reason to believe that the nurse's deficiency in care was the result of a factor beyond the nurse's control shall report the conduct to the patient safety committee at the facility where the reported conduct occurred, or if the facility does not have a patient safety committee, to the chief nursing officer. The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter. (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. 1, eff. 2426), Sec.
1258 (H.B. Sept. 1, 1999.
301.405. 553, Sec. (c) A program approved to prepare registered nurses may not be less than two academic years or more than four calendar years. (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. 889 (H.B. (h) Relief may be granted in a lawsuit brought under Subsection (g) for an alleged violation of Subsection (b)(1) based on a report made by a nurse under Section 301.4025(b) only if the nurse: (A) in writing, which may be provided electronically; or. (c) The board may consider a corrective or deferred action taken against a person to be a prior disciplinary action under this chapter when imposing a sanction on the person for a subsequent violation of this chapter or a rule or order adopted under this chapter. 993), Sec. 301.468. Acts 1999, 76th Leg., ch. 3961), Sec. Sept. 1, 1999.
1.021, eff. Sept. 1, 2003. 1.011, 1.012, eff. 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. DUTIES REGARDING PRESCRIPTIVE AUTHORITY AGREEMENTS. (C) providing advice to a person regarding: (i) filing a report required or authorized, or reasonably believed to be required or authorized, under this subchapter as a result of refusing to engage in conduct as authorized by Section 301.352; or, (ii) requesting in good faith a nursing peer review committee determination under Section 303.005; and. 388, Sec. 301.605. 1189 (S.B.
7, eff. (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. Acts 1999, 76th Leg., ch. Sept. 1, 2003. 553, Sec. 193), Sec. PER DIEM; REIMBURSEMENT.
Sec.
Amended by Acts 2001, 77th Leg., ch. The program shall notify a student who enrolls in the program after December 31 of the fourth consecutive year that the student is required to complete additional requirements established by the board under Subsection (d-4) to apply for an initial license under this chapter. 1000), Sec. 74(1), eff. 388, Sec. September 1, 2007.
GENERAL RULEMAKING AUTHORITY. 301.460. Acts 1999, 76th Leg., ch. Sec. (e) The board may adopt other rules as necessary to implement this section. 1, eff. 509 (H.B. September 1, 2007.
418 (S.B. Added by Acts 2007, 80th Leg., R.S., Ch. REFERENCE IN OTHER LAW. Sept. 1, 2003. The policy must ensure that the public is able to interact with the board on the Internet. 1189 (S.B. (B) an applicant for an initial license or renewal of a license. Sec.
Acts 2017, 85th Leg., R.S., Ch. 301.507. Added by Acts 2017, 85th Leg., R.S., Ch. 388, Sec. 388, Sec. 877 (S.B. (b) The civil penalty may be collected in a suit initiated by the board.
The board shall maintain a list of qualified practitioners. 
LEGAL COUNSEL. Acts 2007, 80th Leg., R.S., Ch. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. 301.354. 301.413.
November 1, 2013. 22, eff. 803 (S.B. Sec. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES. (3) has passed the jurisprudence examination approved by the board as provided by Subsection (a-1). Sept. 1, 1999. (a) The board shall notify each nurse who is reported to the board under Section 301.402, 301.403, 301.405, 301.406, 301.407, 301.408, or 301.409 of the filing of the report unless the notification would jeopardize an active investigation. 28, eff. 1718), Sec. 8, eff. Acts 2011, 82nd Leg., R.S., Ch. 301.106. REGISTRATION REQUIRED. 1, eff. 2426), Sec. 1360), Sec. May 20, 2005. (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. It is a rebuttable presumption that the person was suspended, terminated, or otherwise disciplined, discriminated against, or retaliated against for reporting under this subchapter, for refusing to engage in conduct as authorized by Section 301.352, for requesting a peer review committee determination under Section 303.005, or for providing advice to a person regarding reporting under this subchapter, refusing to engage in conduct as authorized by Section 301.352, or requesting a peer review committee determination under Section 303.005 if: (1) the person was suspended, terminated, or otherwise disciplined, discriminated against, or retaliated against within 60 days after the date the report, refusal, or request was made or the advice was given; and. 301.156. (4) provide for a nursing peer review committee to review whether a nurse is appropriate for remediation under Subdivision (1). Sec. (c-1) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board all unpaid renewal fees and a late fee that is equal to twice the amount of a late fee under Subsection (c). (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. 1420, Sec.
1058 (H.B. 999 (H.B. (a) This section applies only to a state agency that: (E) another health care facility or agency; or. (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. (2) the license holder completed the course not more than two years before the start of the investigation. (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. 889 (H.B. (a) This section applies only to a person who employs, hires, or contracts for the services of a nurse, including: (1) a health care facility, including a hospital, health science center, nursing home, or home health agency; (b) A person that terminates, suspends for more than seven days, or takes other substantive disciplinary action, as defined by the board, against a nurse, or a substantially equivalent action against a nurse who is a staffing agency nurse, because the nurse engaged in conduct subject to reporting shall report in writing to the board: (2) the conduct subject to reporting that resulted in the termination, suspension, or other substantive disciplinary action or substantially equivalent action; and. 192), Sec. (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.
Sept. 1, 2003. DUTY OF NURSING EDUCATIONAL PROGRAM TO REPORT. 509 (H.B. SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES. 1.029, eff. 2950), Sec. (2) may not be subjected to other retaliatory action as a result of making the report or giving the advice. Added by Acts 2005, 79th Leg., Ch. DETERMINATION BY COURT. DEFINITIONS.
1, eff. The board shall ensure that the examination is administered in various cities throughout the state. 21(5), eff. 553, Sec. Acts 2007, 80th Leg., R.S., Ch. 3, eff. 3, eff. (2) Subsection (b)(2) to the nursing educational program in which the student is enrolled. (a) Notwithstanding Section 2001.089, Government Code, the board may request issuance of a subpoena to be served in any manner authorized by law, including personal service by a board investigator or by certified mail. REPORT AND NOTICE OF VIOLATION AND PENALTY. 301.656. (2) the director's recommendation on the imposition of the administrative penalty, including a recommendation on the amount of the penalty. (B) giving to the court a supersedeas bond that is approved by the court and that: (i) is for the amount of the penalty; and, (ii) is effective until judicial review of the board's order is final; or. (3) other relevant information known by the insurer, as required by the board. (a) The board by rule shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the board for the purpose of directing complaints to the board.
553, 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. 2426), Sec. Acts 2009, 81st Leg., R.S., Ch. Sept. 1, 1999. Acts 2007, 80th Leg., R.S., Ch. September 1, 2005. 1189 (S.B. RULES. 1.027, eff. 16, eff. (a) The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the board. Acts 1999, 76th Leg., ch. 301.051.
1058 (H.B. Sept. 1, 2003; Acts 2003, 78th Leg., ch. Sec. (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. 3961), Sec. Sept. 1, 1999. 742 (S.B. ACTION FOLLOWING RESPONSE. Sec. 1.014, eff.
Amended by Acts 2003, 78th Leg., ch. May 20, 2005. September 1, 2011.
1, eff. The board by rule shall develop a system for monitoring the compliance of license holders with the requirements of this chapter. 1000), Sec. A board member may present to a prosecuting officer a complaint relating to a violation of this chapter. 3167), Sec. Sec.
192), Sec. Sept. 1, 1999. Each complaint against a nurse that requires a determination of nursing competency shall be reviewed by a board member, consultant, or employee with a nursing background the board considers sufficient. The board shall determine whether a nurse violated this chapter or a rule adopted under this chapter for any case reported to the board in which the nurse's ability to perform the practice of nursing was impaired or suspected of being impaired by chemical dependency or diminished mental capacity and in which the nurse is suspected of committing a practice violation. (a) The board shall prescribe three programs of study to prepare a person to receive an initial license as a registered nurse under this chapter as follows: (1) a baccalaureate degree program that is conducted by an educational unit in nursing that is a part of a senior college or university and that leads to a baccalaureate degree in nursing; (2) an associate degree program that is conducted by an educational unit in nursing within the structure of a college or a university and that leads to an associate degree in nursing; and. September 1, 2005. (c) The provision of information under Subsection (a) does not constitute a waiver of privilege or confidentiality under this chapter or other applicable law. Acts 2011, 82nd Leg., R.S., Ch. 6, eff. (g) A violation of Subsection (f) is subject to Section 301.413. September 1, 2011. Sec. LICENSE REQUIRED. (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. 1.046, eff. May 20, 2005.
(iii) restores to the nurse any lost benefits. September 1, 2007. (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. 2426), Sec.
September 1, 2007. 999 (H.B. (1) prescribe two programs of study to prepare a person to receive an initial vocational nurse license under this chapter as follows: (A) a program conducted by an educational unit in nursing within the structure of a school, including a college, university, or proprietary school; and. 2426), Sec. (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. 2, eff.
or "V.N.". 12, eff. Sec.
Sec. 5, eff. (a) A person may file a counterclaim in a pending action or prove a cause of action in a subsequent suit to recover defense costs, including reasonable attorney's fees and actual and punitive damages, if: (1) the person is named as a defendant in a civil action or subjected to other retaliatory action as a result of: (A) filing a report required or authorized, or reasonably believed to be required or authorized, under this subchapter as a result of refusing to engage in conduct as authorized by Section 301.352; (B) requesting in good faith a nursing peer review committee determination under Section 303.005; or. 803, Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. Acts 2007, 80th Leg., R.S., Ch. (d) The board shall remove a person's license from inactive status if the person: (1) requests that the board remove the person's license from inactive status; (3) meets the requirements determined by the board.
301.501. Acts 1999, 76th Leg., ch. 1.055, eff. 12, eff. Sec. Acts 1999, 76th Leg., ch. (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. (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.
113 (S.B. 1.037, eff.
INVESTIGATION. After receiving the administrative law judge's findings of fact and conclusions of law for a contested case, the board shall dispose of the case by issuing a final order based on the administrative law judge's findings of fact and conclusions of law. Sept. 1, 2003. 1000), Sec. (a) A reference in any other law to the former Board of Nurse Examiners means the Texas Board of Nursing. 113 (S.B. Added by Acts 2003, 78th Leg., ch. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT. (b) If the court does not sustain the determination that a violation occurred, the court shall order that a penalty is not owed.
1.016, eff. 18, eff.
The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. 11, eff. Sec.
301.461. "; or. 1.053, eff. 3961), Sec. June 20, 2003. Acts 2007, 80th Leg., R.S., Ch. Acts 1999, 76th Leg., ch.
193), Sec. (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. 301.155. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 1058), Sec.
21(2), eff. 1, eff. 553, Sec. 1, eff. (a) The board may impose a corrective action on a person licensed or regulated under this chapter who violates this chapter or a rule or order adopted under this chapter. (b) This chapter does not authorize the practice of medicine as defined by Chapter 151.