Texas Register, Volume 35, Number 21, Pages 3905-4274, May 21, 2010 Page: 3,939
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Section 301.1607(d) states that, during the time the pilot pro-
gram is implemented and for any action or complaint for which
the Board proposes to impose a sanction other than a reprimand
or a denial, suspension, or revocation of a license, the Board
may: (i) defer final disciplinary action the Board has proposed
against a person licensed or regulated under Chapter 301 if the
person conforms to conditions imposed by the Board, including
any condition the Board could impose as a condition of proba-
tion under 301.468; and (ii) if the person successfully meets the
imposed conditions, dismiss the complaint.
Section 301.1607(e) states that, except as otherwise provided
by 301.1607(e), a deferred disciplinary action by the Board un-
der the pilot program is not confidential and is subject to dis-
closure in accordance with the Government Code Chapter 552.
If the person successfully meets the conditions imposed by the
Board in deferring final disciplinary action and the Board dis-
misses the action or complaint, the deferred disciplinary action
of the Board is confidential to the same extent as a complaint
filed under 301.466.
Section 301.1607(f) provides that the Board may treat a deferred
disciplinary action taken against a nurse under 301.1607 as a
prior disciplinary action against the nurse when considering the
imposition of a sanction for a subsequent violation of Chapter
301 or a rule or order adopted under Chapter 301.
Section 301.1607(g) states that the Board may contract with
a third party to evaluate the pilot program established under
Section 301.1607(h) states that the Board shall appoint an ad-
visory committee to assist the Board in overseeing the pilot pro-
gram and its evaluation. Further, the committee must include
representatives of public advocacy organizations.
Finally, 301.1607(i) states that 301.1607 expires September
Section 301.151 authorizes the Board to adopt and enforce rules
consistent with Chapter 301 and necessary to: (i) perform its
duties and conduct proceedings before the Board; (ii) regulate
the practice of professional nursing and vocational nursing; (iii)
establish standards of professional conduct for license holders
Chapter 301; and (iv) determine whether an act constitutes the
practice of professional nursing or vocational nursing.
CROSS REFERENCE TO STATUTE. The following statutes are
affected by this proposal: Rule 211.6, Statute 301.1607 and
211.6. Committees of the Board.
(a) - (e) (No change.)
(f) Advisory Committees. The president may appoint, with the
authorization of the board, advisory committees for the performance of
such activities as may be appropriate or required by law.
(1) The board has established the following committees
that advise the board on a continuous basis or as charged by the Board:
(A)- (D) (No change.)
(E) the Deferred Disciplinary Action Pilot Program Ad-
visory Committee (DDAPPAC) assists the Board in overseeing and
evaluating the deferred disciplinary action pilot program under 213.34
of this title (relating to Deferred Disciplinary Action Pilot Program).
The DDAPPAC shall be abolished when the deferred disciplinary ac-
tion pilot program under 213.34 of this title comes to an end, but in
no event later than January 1, 2014. The DDAPPAC is comprised of
representatives from the following:
(j Texas Association of Vocational Nurse Educators
(ii) Licensed Vocational Nurses Association of
(iii) Texas League of Vocational Nurses (TLVN);
(iv) Texas Organization of Associate Degree Nurs-
(v) Texas Organization of Baccalaureate and Grad-
uate Nurse Educators (TOBGNE);
(vi) Texas Nurses Association (TNA);
(vii) Texas Organization of Nurse Executives
(viii) Coalition for Nurses in Advanced Practice;
(ix) other members approved by the Board, includ-
ing members of public advocacy organizations.
(2) - (12) (No change).
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 4, 2010.
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: June 20, 2010
For further information, please call: (512) 305-6822
4 4 4
PRACTICE AND PROCEDURE
22 TAC 213.30
INTRODUCTION. The Texas Board of Nursing (Board) proposes
amendments to 213.30 (relating to Declaratory Order of Eligibil-
ity for Licensure). The amendments are proposed under the Oc-
cupations Code 53.101 - 53.105, 301.257, and 301.151 and
are necessary to: (i) implement House Bill (HB) 963, enacted by
the 81st Legislature, Regular Session, effective June 19, 2009,
which adds new Subchapter D to the Occupations Code Chap-
ter 53; and (ii) enhance consistency among Board rules related
to eligibility determinations.
HB 963 enacts a significant change to the Occupations Code
Chapter 53 that affects occupational license eligibility. HB 963
adds new Subchapter D, 53.101 - 53.105, to Chapter 53. This
new subchapter authorizes an individual to request a "criminal
history evaluation letter" from a licensing authority if the individ-
ual is enrolled, or plans to enroll, in an educational program that
prepares the individual for initial licensure, or is planning to take
an examination for initial licensure, and has reason to believe he
or she is ineligible for licensure due to a conviction or a deferred
adjudication for a felony or misdemeanor offense. Pursuant to
HB 963, an individual's request must state the basis for the po-
PROPOSED RULES May 21, 2010 35 TexReg 3939
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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. (texashistory.unt.edu/ark:/67531/metapth101187/m1/34/: accessed November 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.