Texas Register, Volume 35, Number 21, Pages 3905-4274, May 21, 2010 Page: 3,936
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The dishonorable conduct section is intended to protect the public from
dangerous, unethical, and illegal conduct of licensees. The purpose of
this section is to identify unprofessional or dishonorable behaviors of
a licensee which the Board believes are likely to pose a threat to the
public. Actual injury to a patient need not be established for a licensee
to be in violation of this section. Behavior constituting dishonorable
conduct includes, but is not limited to:
(1) Criminal conduct--including but not limited to convic-
tion of a misdemeanor involving fraud or a felony under federal law or
the law of any state as outlined in Chapter 101 of this title.
(2) Deception or misrepresentation--engages in deception
(A) in soliciting or obtaining patronage; or
(B) in obtaining a fee.
(3) Fraud in obtaining a license--obtains a license by fraud
or misrepresentation or participates in a conspiracy to procure a license,
registration, or certification for an unqualified person.
(4) Misconduct involving drugs or alcohol--actions or con-
duct that include, but are not limited to:
(A) providing dental services to a patient while the li-
censee is impaired through the use of drugs, narcotics, or alcohol;
(B) addicted to or habitually intemperate in the use of
alcoholic beverages or drugs; or
(C) improperly obtained, possessed, or used
habit-forming drugs or narcotics.
(5) Failure to comply with applicable laws, rules, regula-
tions, and orders--violates or refuses to comply with a law relating to
the regulation of dentists, dental hygienists, or dental assistants; fails to
cooperate with a Board investigation; or fails to comply with the terms
of a Board Order.
(6) Inability to practice safely--is physically or mentally in-
capable of practicing in a manner that is safe for the person's dental
(7) Discipline of a licensee by another state board--holds a
license or certificate to practice dentistry or dental hygiene in another
state and the examining board of that state:
(A) reprimands the person;
(B) suspends or revokes the person's license or certifi-
cate or places the person on probation; or
(C) imposes another restriction on the person's practice.
(8) Unprofessional conduct--engages in conduct that has
become established through professional experience as likely to dis-
grace, degrade, or bring discredit upon the licensee or the dental pro-
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 10, 2010.
Sherri Sanders Meek
State Board of Dental Examiners
Earliest possible date of adoption: June 20, 2010
For further information, please call: (512) 463-6400
PART 11. TEXAS BOARD OF NURSING
CHAPTER 211. GENERAL PROVISIONS
22 TAC 211.6
INTRODUCTION. The Texas Board of Nursing (Board) proposes
an amendment 211.6 (relating to Committees of the Board).
The proposed amendment is necessary to implement Senate Bill
(SB) 1415, enacted by the 81st Legislature, Regular Session,
effective September 1, 2009, which adds new 301.1607 to the
Occupations Code Chapter 301.
SB 1415 enacts a significant change to the Nursing Practice Act
(Chapter 301) that affects the regulation of individuals subject
to Chapter 301. SB 1415 adds new 301.1607 to Chapter 301.
This new section authorizes the deferral of final disciplinary ac-
tions against individuals as an alternative method of resolving
certain violations of the Nursing Practice Act and Board rules.
Specifically, SB 1415 directs the Board to determine the feasi-
bility of conducting a pilot program to evaluate the efficacy and
effect of deferring a final disciplinary action against an individual
for minor violations of the Nursing Practice Act and Board rules.
Further, if the Board determines that such a pilot program is fea-
sible, SB 1415 requires the Board to develop and implement the
pilot program no later than February 1, 2011. SB 1415 also es-
tablishes several parameters for the pilot program. Additionally,
SB 1415 requires the Board to appoint an advisory committee to
assist the Board in overseeing the pilot program and its evalu-
ation. The advisory committee must include representatives of
public advocacy organizations.
The Board reviewed the requirements of SB 1415 at its Octo-
ber, 2009, and January, 2010, meetings. At that time, the Board
identified several factors that were relevant to its determination
of the feasibility of a pilot program under SB 1415. First, the
Board reviewed the results of a nationwide survey of other state
boards of nursing. The survey was conducted to determine if any
other state nursing board had implemented a program similar to
the pilot program contemplated by SB 1415. The Board also
considered the expungement programs of other state boards
of nursing for comparison. Second, the Board considered the
mandatory reporting requirements of the Nurse Licensure Com-
pact, authorized under the Occupations Code Chapter 304, and
the rules regarding membership of the Compact, as set forth in
Chapter 220 of this title (relating to Nurse Licensure Compact),
in conjunction with the confidentiality requirements of SB 1415.
Third, the Board considered the mandatory reporting require-
ments of the national Healthcare Integrity and Protection Data
Bank (HIPDB), in conjunction with the confidentiality provisions
of SB 1415. Finally, the Board considered the recommendations
of the Eligibility and Disciplinary Advisory Committee, who con-
vened on September 17, 2009, and December 7, 2009, to con-
sider the provisions of SB 1415 and to discuss the feasibility of a
deferred disciplinary action pilot program. After carefully consid-
ering these factors, the Board determined that the pilot program
would be feasible. The Board approved the feasibility of the pi-
lot program at its January, 2010, meeting. Further, the Board
approved the adoption of new rules to implement the pilot pro-
gram at its April, 2010, meeting. The Board is proposing new
213.34 of this title (relating to Deferred Disciplinary Action Pilot
Program) to establish the parameters and limitations of the pilot
program, as determined necessary by the Board. New 213.34
is being proposed elsewhere in this issue of the Texas Register
35 TexReg 3936 May 21, 2010 Texas Register
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Texas. Secretary of State. Texas Register, Volume 35, Number 21, Pages 3905-4274, May 21, 2010, periodical, May 21, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101187/m1/31/: accessed March 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.