Texas Register, Volume 35, Number 21, Pages 3905-4274, May 21, 2010 Page: 3,953
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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 213.34, Statute 301.1607 and
213.34. Deferred Disciplinary Action Pilot Program.
(a) This section implements the deferred disciplinary action
pilot program authorized by the Occupations Code 301.1607. The
pilot program will commence on February 1, 2011, and will conclude
no later than January 1, 2014.
(b) The purpose of the pilot program is to evaluate the efficacy
and effect of Board deferral of final disciplinary actions against indi-
viduals for violations of the Nursing Practice Act and/or Board rules.
(c) The opportunity to enter into a deferred disciplinary order
under the pilot program is at the sole discretion of the Executive Direc-
(d) A deferred disciplinary action under the pilot program will
(1) for individuals with no prior disciplinary history with
(2) for violations of the Nursing Practice Act and/or Board
rules that are proposed for resolution through the issuance of a Warning,
a Warning with Stipulations, a Warning with Stipulations and a Fine, a
Warning with a Fine, Remedial Education, Remedial Education with a
Fine, or a Fine;
(3) only as a condition of settlement by agreement prior to
the initiation of proceedings before the State Office of Administrative
(4) only if the probationary stipulations outlined in the de-
ferred disciplinary order are designed to address an individual's prac-
tice deficit, knowledge deficit, or lack of situational awareness; and
(5) for violations of the Nursing Practice Act and/or Board
rules that were pending with the Board on September 1, 2009, or after.
(e) Violations involving sexual misconduct, criminal conduct,
intentional acts, falsification, deception, chemical dependency, or sub-
stance abuse will not be eligible for resolution through a deferred dis-
ciplinary action under the pilot program.
(f) A deferred disciplinary action under the pilot program will
not be available to:
(1) an individual who files a petition for declaratory order
under 213.30 of this title (relating to Declaratory Order of Eligibility
(2) an individual whose application under 217.2 (relating
to Licensure by Examination for Graduates of Nursing Education
Programs Within the United States, its Territories, or Possessions),
217.4 (relating to Requirements for Initial Licensure by Examination
for Nurses Who Graduate from Nursing Education Programs Outside
of United States' Jurisdiction), or 217.5 of this title (relating to
Temporary License and Endorsement) is treated as a petition for
declaratory order under 213.30 of this title; or
(3) an individual who is practicing nursing in Texas on a
nurse licensure compact privilege.
(g) A deferred disciplinary order will be available to the public
for a minimum of five years and until such time as an individual suc-
cessfully completes all of the probationary stipulations required by the
deferred disciplinary order and the originating complaint is dismissed
by the Board. After such time, the deferred disciplinary order will not
be available to the public.
(h) If an individual fails to comply with a probationary stipu-
lation required by a deferred disciplinary order or if a subsequent com-
plaint is filed against an individual during the pendency of the deferred
disciplinary order, the Board will stay the dismissal of the originating
complaint pending the resolution of the subsequent complaint. If the
subsequent complaint is proposed for resolution through a disciplinary
action under the Occupations Code Subchapter J, the Board will not
dismiss the originating complaint, and the Board may treat the deferred
disciplinary action as prior disciplinary action when considering the
imposition of a disciplinary sanction.
(i) The outcome and effectiveness of the pilot program will be
evaluated by the Board on a regular basis.
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 3, 2010.
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: June 20, 2010
For further information, please call: (512) 305-6822
CHAPTER 217. LICENSURE, PEER
ASSISTANCE AND PRACTICE
22 TAC 217.2, 217.4, 217.5
INTRODUCTION. The Texas Board of Nursing (Board) proposes
amendments to 217.2, relating to Licensure by Examination
PROPOSED RULES May 21, 2010 35 TexReg 3953
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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/m1/48/: accessed March 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.