Texas Register, Volume 35, Number 28, Pages 5981-6132, July 9, 2010 Page: 6,077
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not reasonably available to the licensing authority at the time the
letter is issued, the authority's ruling on the request determines
the requestor's eligibility with respect to the grounds for potential
ineligibility set out in the letter. Section 53.104(c) states that a
licensing authority must provide notice under 53.104(a) or is-
sue a letter under 53.104(b) not later than the 90th day after
the date the authority receives the request.
Section 53.105 provides that a licensing authority may charge
a person requesting an evaluation under the Occupations Code
Chapter 53, Subchapter D, a fee adopted by the authority. Fees
adopted by a licensing authority under Subchapter D must be in
an amount sufficient to cover the cost of administering Subchap-
Section 301.257(a) states that a person may petition the Board
for a declaratory order as to the person's eligibility for a license
under the Occupations Code Chapter 301 if the person has rea-
son to believe that the person is ineligible for the license and
is enrolled or planning to enroll in an educational program that
prepares a person for an initial license as a registered nurse or
vocational nurse or is an applicant for a license.
Section 301.257(b) provides that the petition must state the basis
for the person's potential ineligibility.
Section 301.257(c) states that the Board has the same powers
to investigate the petition and the person's eligibility that it has to
investigate a person applying for a license.
Section 301.257(d) provides that the petitioner or the Board may
amend the petition to include additional grounds for potential in-
eligibility at any time before a final determination is made.
Section 301.257(e) states that, if the Board determines that a
ground for ineligibility does not exist, instead of issuing an order,
the Board shall notify the petitioner in writing of the Board's de-
termination on each ground of potential ineligibility. If the Board
proposes to find that the petitioner is ineligible for a license, the
petitioner is entitled to a hearing before the State Office of Ad-
Section 301.257(f) provides that the Board's order must set out
each basis for potential ineligibility and the Board's determina-
tion as to eligibility. In the absence of new evidence known to
but not disclosed by the petitioner or not reasonably available to
the Board at the time the order is issued, the Board's ruling on
the petition determines the person's eligibility with respect to the
grounds for potential ineligibility set out in the written notice or
Section 301.257(g) states that the Board may require an in-
dividual accepted for enrollment or enrolled in an educational
program preparing a student for initial licensure as a registered
nurse or vocational nurse to submit information to the Board
to permit the Board to determine whether the person is aware
of the conditions that may disqualify the person from licensure
as a registered nurse or vocational nurse on graduation and of
the person's right to petition the Board for a declaratory order
under 301.257. 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.
Section 301.257(h) provides that the information required under
301.257(g) must be submitted in a form approved by the Board.
Section 301.257(i) states that, if, as a result of information pro-
vided under 301.257(g) the Board determines that a person
may not be eligible for a license on graduation, the Board shall
notify the educational program of its determination.
Section 301.151 authorizes the Board to adopt and enforce rules
consistent with the Occupations Code Chapter 301 and neces-
sary to: (i) perform its duties and conduct proceedings before the
Board; (ii) regulate the practice of professional nursing and vo-
cational 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
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on June 22, 2010.
Assistant General Counsel
Texas Board of Nursing
Effective date: July 12, 2010
Proposal publication date: May 21, 2010
For further information, please call: (512) 305-6822
22 TAC 213.34
INTRODUCTION. The Texas Board of Nursing (Board) adopts
new 213.34 (relating to Deferred Disciplinary Action Pilot Pro-
gram) without changes to the proposed text published in the May
21, 2010, issue of the Texas Register (35 TexReg 3946).
REASONED JUSTIFICATION. The adopted new section 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
The 80th Texas Legislature enacted SB 993, Regular Session,
effective September 1, 2007, in order to promote a less puni-
tive regulatory environment for individuals who commit minor vi-
olations of the Nursing Practice Act (Occupations Code Chap-
ter 301) and Board rules. SB 1415 was intended to build upon
the principles established in SB 993 by authorizing the defer-
ral of final disciplinary actions against individuals as an alterna-
tive method of resolving certain violations of the Nursing Practice
Act and Board rules. (TEXAS SENATE STATE AFFAIRS COM-
MITTEE, BILL ANALYSIS (Enrolled), SB 1415, 81st Legislature,
Regular Session (October 8, 2009)). Specifically, SB 1415 di-
rects the Board to determine the feasibility 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 feasible, SB 1415 re-
quires the Board to develop and implement the pilot program no
later than February 1, 2011. SB 1415 also establishes several
parameters for the pilot program.
First, SB 1415 authorizes the Board to defer a final disciplinary
action against an individual for a violation of the Nursing Prac-
tice Act and Board rules. If the individual successfully completes
all of the conditions of the deferred disciplinary action, SB 1415
authorizes the Board to dismiss the originating complaint filed
ADOPTED RULES July 9, 2010 35 TexReg 6077
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Texas. Secretary of State. Texas Register, Volume 35, Number 28, Pages 5981-6132, July 9, 2010, periodical, July 9, 2010; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth113977/m1/94/: accessed December 15, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.