(a) This subchapter does not prevent disclosure under Section 301.466 of formal charges filed by the board or a final disciplinary action taken by the board as a result, in whole or in part, of submission of a report under this subchapter. 1.019, eff. 8, eff. 889 (H.B. 388, Sec.

Except as provided by Subsection (c), the board may take any action under this chapter relating to the situation addressed by the advisory opinion as the board considers appropriate.

September 1, 2007.

1058), Sec. Added by Acts 2005, 79th Leg., Ch. 1.050, eff. (d-4) The board may recognize and accept as approved under this section a school of nursing or educational program operated in another state and approved by a state board of nursing or other regulatory body of that state. 301.417. 999 (H.B. Acts 1999, 76th Leg., ch.

15, eff.

Sec. 388, Sec. MANDATORY REPORT BY NURSE.

(d) Not later than the 30th day after the date of a judgment, dismissal, or settlement of a suit involving an insured nurse or settlement of a claim on behalf of the nurse without the filing of a lawsuit, the insurer shall provide to the board information regarding the date of the judgment, dismissal, or settlement and, if appropriate: (1) whether an appeal has been taken from the judgment and by which party; (2) the amount of the settlement or judgment against the nurse; and.

581), Sec. Sept. 1, 2003. 17.001(57), eff.

877 (S.B. DUTIES REGARDING PRESCRIPTIVE AUTHORITY AGREEMENTS. 553, Sec. (b) The rules adopted under this section must be designed to protect the health, safety, and welfare of the public and include requirements relating to: (1) general anesthesia, regional anesthesia, and monitored anesthesia care; (2) patient assessment, counseling, and preparation; (3) patient monitoring to be performed and equipment to be used during a procedure and during post-procedure monitoring; (4) emergency procedures, drugs, and equipment, including education, training, and certification of personnel, as appropriate, and including protocols for transfers to a hospital; (5) the documentation necessary to demonstrate compliance with this subchapter; and.

(C) fails to maintain the approval of the state board of nursing of another state and the board under which it was approved. 553, Sec. Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 2003. The board shall: (1) maintain a record of the report; and. Sept. 1, 1999. Sec.

1, eff.

16, eff. Sec. (2) the injustice of any order or decision of the board. Sept. 1, 1999. Sec. (2) establish a schedule for conducting each phase of a complaint that is under the control of the board not later than the 30th day after the date the board receives the complaint. (2) identify and monitor each license holder who represents a risk to the public.

(14) failure to care adequately for a patient or to conform to the minimum standards of acceptable nursing practice in a manner that, in the board's opinion, exposes a patient or other person unnecessarily to risk of harm. (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.

Sept. 1, 1999.

1.030, eff. medicine metaphors caduceus paralytic

2950), Sec. (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. 1, eff. 553, Sec.

September 1, 2007. metaphors

889 (H.B. Acts 2005, 79th Leg., Ch.

Acts 1999, 76th Leg., ch. September 1, 2013.

The board has the sole authority and discretion to determine the appropriate action or sanction. 301.257. Sept. 1, 1999. Acts 1999, 76th Leg., ch.

(g) If the board determines after investigating a complaint under Subsection (e) that there is reason to believe that a nurse's deficiency in care was the result of a factor beyond the nurse's control, the board shall report that determination to the patient safety committee at the facility where the nurse's deficiency in care occurred, or if the facility does not have a patient safety committee, to the chief nursing officer. (b) The board shall adopt rules to identify the license holders who are encouraged to complete continuing education under Subsection (a) and establish the content of that continuing education. Acts 1999, 76th Leg., ch.

Sept. 1, 1999.

(2) Subsection (b)(2) to the nursing educational program in which the student is enrolled. (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.

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. REFUND. 301.410. Sec. 18, eff. (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. 6, eff.

(5) "Vocational nursing" means a directed scope of nursing practice, including the performance of an act that requires specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of vocational nursing. metaphors caduceus paralytic invalid Sept. 1, 1999. 1163, Sec. 388, Sec. (a) In a written, signed report to the appropriate licensing board or accrediting body, a nurse may report a licensed health care practitioner, agency, or facility that the nurse has reasonable cause to believe has exposed a patient to substantial risk of harm as a result of failing to provide patient care that conforms to: (1) minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or.

May 20, 2005.

388, Sec. (d) If the nurse or applicant refuses to submit to the evaluation, the board shall schedule a hearing on the issue of probable cause to be conducted by the State Office of Administrative Hearings. (c) The board shall list with its regular telephone number any toll-free telephone number established under other state law that may be called to present a complaint about a health professional.

metaphors caduceus hospital suicase paralytic 113 (S.B. APPLICABILITY. 803 (S.B. 14.124(b), eff. (B) giving a copy of the affidavit to the executive director by certified mail.

Section 201 et seq. September 1, 2011. Retired," or "V.N. 2426), Sec. A person who in good faith makes a report required or authorized under this subchapter, or a person who advises a nurse of the nurse's right or obligation to report under this subchapter: (1) is immune from civil and criminal liability that, in the absence of the immunity, might result from making the report or giving the advice; and.

1058), Sec.

(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. (h) The board shall establish by rule the qualifications for a licensed practitioner to conduct an evaluation under this section.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch.

(d) The board shall determine the criteria that determine a passing score on the examination. Sept. 1, 1999.

Acts 2009, 81st Leg., R.S., Ch.

553, Sec. (C) refuse to engage in conduct as authorized by Section 301.352. TRAINING.

September 1, 2013.

509 (H.B. Acts 2013, 83rd Leg., R.S., Ch.

1, eff. (c) Notwithstanding Subsection (b), in a proceeding for an injunction under Subsection (a), the defendant may assert and prove as a complete defense to the action that the board's actions or proceedings were: (3) conducted without due process of law.

(2) investigate the report if it receives two or more reports involving separate incidents regarding the nurse in any five-year period.

Sec. 9, eff.

889 (H.B. 388, Sec. 993), Sec. 1, eff.

1, eff.

September 1, 2007.

301.353. (e) The board shall adopt rules to ensure that license denials and disciplinary action under Subsection (b)(10) are based on the application of objective criteria that are clearly and rationally connected to the applicant's or license holder's conduct and that any negative outcome resulting from that conduct is determined to affect the person's ability to effectively practice nursing.

(3) without paying the penalty, file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both. 388, Sec. 509 (H.B. metaphors caduceus paralytic invalid September 1, 2007. Sept. 1, 2003. (2) satisfies any other requirement established by statute.

5, eff. 1, eff. Acts 1999, 76th Leg., ch. 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. 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. hospital COMPLAINT AND INVESTIGATION. 301.502.

1.037, eff. Acts 2007, 80th Leg., R.S., Ch. In this subchapter: (1) "Corrective action" means a fine or remedial education imposed under Section 301.652. Sept. 1, 1999. 388, Sec. 1366), Sec. (3) the requirement that a public employee use the grievance or appeal procedures of the state or local governmental entity before suing for relief under Section 554.006. The rules must: (1) identify the criminal offenses that constitute grounds for the board to file the petition; and. 1718), Sec. EFFECT OF FAILURE TO REPORT. 1058), Sec. 388, Sec. Acts 2005, 79th Leg., Ch. The notice must: (1) include a brief summary of the alleged violation; (2) state the amount of the recommended penalty; and. September 1, 2009. (l) The board shall adopt guidelines for requiring or requesting a nurse or applicant to submit to an evaluation under this section.

Sec. (6) by rule allow appropriate employees of the board to dismiss a complaint if an investigation demonstrates that: (B) the subject of the complaint is outside the board's jurisdiction. Sec.

993), Sec. Acts 2007, 80th Leg., R.S., Ch. 966 (H.B.

Acts 2011, 82nd Leg., R.S., Ch. 1.024, eff. 553, Sec.

Sec.

(d) A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension or restriction. The role of a board member liaison is limited to clarifying the board's charge and intent to the advisory committee. 13, eff.

1258 (H.B. Sec.

(c) If a person who makes a report required under Subsection (b) is required under Section 303.0015 to establish a nursing peer review committee, the person shall submit a copy of the report to the nursing peer review committee. 889 (H.B.

Sept. 1, 2003. 2426), Sec.

Amended by Acts 2003, 78th Leg., ch.

(2) the mandatory reporting requirements unless the program: (A) is designed to evaluate the efficiency of alternative reporting methods; and. The board may solicit qualified practitioners located throughout the state to be on the list. (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. (c) The board may require that the entity conducting a pilot program under this section reimburse the board for the cost of monitoring and evaluating the pilot program.



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