Texas Register, Volume 36, Number 46, Pages 7727-7938, November 18, 2011 Page: 7,755
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recommendation regarding a complaint. The term also includes the
provision of information, advice, and assistance to nurses and other
persons relating to the rights and obligations of and protections for
nurses who raise care concerns, report under Chapter 301, request peer
review, and the resolution of workplace and practice questions relating
to nursing and patient care. The peer review process is one of fact
finding, analysis and study of events by nurses in a climate of collegial
problem solving focused on obtaining all relevant information about
an event. Peer review conducted by any entity must comply with NPR
Law and with applicable Board rules related to incident-based or safe
harbor peer review.
(15) Safe Harbor--A process that protects a nurse from em-
ployer retaliation, suspension, termination, discipline, discrimination,
and licensure sanction when a nurse makes a good faith request for
peer review of an assignment or conduct the nurse is requested to per-
form and that the nurse believes could result in a violation of the NPA
or Board rules. Safe Harbor must be invoked prior to engaging in the
conduct or assignment for which peer review is requested, and may be
invoked at anytime during the work period when the initial assignment
(16) - (17) (No change.)
(b) - (d) (No change.)
(e) Safe Harbor Protections.
(1) (No change.)
(2) TOC 303.005(c) and (h) (NPR Law) and 301.352[;]
provide the following protections:
(A) A nurse may not be suspended, terminated, or oth-
erwise disciplined, retaliated, or discriminated against for requesting
Safe Harbor in good faith.
(B) A nurse or other person may not be suspended, ter-
minated, or otherwise disciplined, retaliated, or discriminated against
for advising a nurse in good faith of the nurse's right to request a de-
termination, or of the procedures for requesting a determination.
(C) (No change.)
(3) - (4) (No change.)
(f) - (k) (No change.)
(1) Reporting Conduct of other Practitioners or Entities;
(1) - (3) (No change.)
(4) A person may not suspend or terminate the employment
of, or otherwise discipline, retaliate, or discriminate against, a person
who reports, in good faith [without malice], under this section or ad-
vises a nurse of the nurse's rights and obligations under this section. A
violation of this subsection is subject to TOC 301.413 that provides
a nurse the right to file civil suit to recover damages. The nurse may
also file a complaint with the regulatory agency that licenses or regu-
lates the nurse's practice setting. The BON does not have regulatory
authority over practice settings or civil liability.
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 November 4,
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: December 18, 2011
For further information, please call: (512) 305-6822
22 TAC 217.22
Introduction. The Texas Board of Nursing (Board) proposes new
217.22 (relating to Special Accommodations). This section is
proposed under the authority of the Occupations Code 54.003
and 301.151 and is necessary to implement the requirements of
Senate Bill (SB) 867, enacted by the 82nd Legislature, Regular
Session, effective September 1, 2011.
For each licensing examination administered by a state agency,
SB 867 requires the agency to provide reasonable examination
accommodations to examinees who have been diagnosed as
having dyslexia. SB 867 further requires the agency to adopt
rules establishing the eligibility criteria an examinee must meet
in order to receive examination accommodations.
The Board's current procedures already allow an individual with
a documented disability, including dyslexia, to request reason-
able examination accommodations. However, these procedures
have not been formalized in Board rule. In compliance with the
mandates of SB 867, the proposed new section formalizes the
Board's existing examination accommodation procedures in rule
and specifies the criteria that an individual must meet in order to
receive examination accommodations, including those individu-
als that have been diagnosed with dyslexia.
Under the proposal, an individual seeking examination accom-
modations must submit several pieces of documentation to the
Board. First, the individual must submit a Special Accommo-
dations Request Form to the Board. This form captures several
necessary pieces of information about the individual, such as the
individual's name and address; the individual's expected date of
graduation; the approximate test date preferred by the individual;
a description of the individual's disability; the specific testing ac-
commodations sought by the individual; and a description of the
testing accommodations that have been provided to the individ-
ual in the past. This information allows the Board to process the
individual's request and to determine the type of testing accom-
modations that may be necessary for the individual. Second, the
individual must submit a Professional Documentation of Disabil-
ity Form (Disability Form) to the Board. In order to be eligible
for examination accommodations, an individual's disability must
be documented by one of the following healthcare providers:
(i) for physical or mental disabilities other than learning disabil-
ities, a licensed physician or psychologist with expertise in the
area of the disability; (ii) for learning disabilities, a licensed psy-
chologist or psychiatrist who has experience working with adults
with learning disabilities; or (iii) for learning disabilities, a pro-
fessional with a master's or doctorate degree in special educa-
tion, education, psychology, educational psychology, or rehabil-
itation counseling who has training and experience in assess-
ing intellectual ability level and interpreting tests of such ability;
screening for cultural, emotional, and motivational factors; as-
sessing achievement level; and administering tests to measure
attention and concentration, memory, language reception and
expression, cognition, reading, spelling, writing, and mathemat-
ics. The provider completing the Disability Form must also in-
clude a specific diagnosis of the individual's disability; a descrip-
tion of the nature, history, and extent of the individual's disability;
PROPOSED RULES November 18, 2011 36 TexReg 7755
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Texas. Secretary of State. Texas Register, Volume 36, Number 46, Pages 7727-7938, November 18, 2011, periodical, November 18, 2011; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth201671/m1/28/: accessed October 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.