Texas Register, Volume 37, Number 20, Pages 3645-3760, May 18, 2012 Page: 3,670
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person's license; (vi) revocation of the person's license; or (vii)
assessment of a fine.
Section 301.453(b) states that, in addition to or instead of an
action under 301.453(a), the Board, by order, may require the
person to: (i) submit to care, counseling, or treatment by a health
provider designated by the Board as a condition for the issuance
or renewal of a license; (ii) participate in a program of education
or counseling prescribed by the Board, including a program of
remedial education; (iii) practice for a specified period under the
direction of a registered nurse or vocational nurse designated
by the Board; or (iv) perform public service the Board considers
Section 301.453(c) states that the Board may probate any
penalty imposed on a nurse and may accept the voluntary
surrender of a license. Further, the Board may not reinstate
a surrendered license unless it determines that the person is
competent to resume practice.
Section 301.453(d) states that, if the Board suspends, revokes,
or accepts surrender of a license, the Board may impose con-
ditions for reinstatement that the person must satisfy before the
Board may issue an unrestricted license.
Section 301.4531(a) states that the Board by rule shall adopt a
schedule of the disciplinary sanctions that the Board may impose
under Chapter 301. In adopting the schedule of sanctions, the
Board shall ensure that the severity of the sanction imposed is
appropriate to the type of violation or conduct that is the basis
for disciplinary action.
Section 301.4531(b) states that, in determining the appropriate
disciplinary action, including the amount of any administrative
penalty to assess, the Board shall consider: (i) whether the per-
son: (A) is being disciplined for multiple violations of either Chap-
ter 301 or a rule or order adopted under Chapter 301; or (B) has
previously been the subject of disciplinary action by the Board
and has previously complied with Board rules and Chapter 301;
(ii) the seriousness of the violation; (iii) the threat to public safety;
and (iv) any mitigating factors.
Section 301.4531(c) states that, in the case of a person de-
scribed by: (i) 301.4531(b)(1)(A), the Board shall consider tak-
ing a more severe disciplinary action, including revocation of the
person's license, than the disciplinary action that would be taken
for a single violation; and (ii) 301.4531(b)(1)(B), the Board shall
consider taking a more severe disciplinary action, including re-
vocation of the person's license, than the disciplinary action that
would be taken for a person who has not previously been the
subject of disciplinary action by the Board.
Section 301.502(a) states that the administrative penalty may
not exceed $5,000 for each violation. Each day a violation con-
tinues or occurs is a separate violation for purposes of imposing
Section 301.502(b) states that the amount of the penalty shall
be based on: (i) the seriousness of the violation, including: (A)
the nature, circumstances, extent, and gravity of any prohibited
acts; and (B) the hazard or potential hazard created to the health,
safety, or economic welfare of the public; (ii) the economic harm
to property or the environment caused by the violation; (iii) the
history of previous violations; (iv) the amount necessary to deter
a future violation; (v) efforts made to correct the violation; and
(vi) any other matter that justice may require.
Cross Reference to Statute. The following statutes are affected
by this proposal: Occupations Code 301.151, 301.304,
301.452, 301.453, 301.4531, 301.502.
213.33. Factors Consideredfor Imposition ofPenalties/Sanctions.
(a) - (b) (No change.)
(c) The Board and SOAH shall consider the following factors
in conjunction with the Disciplinary Matrix when determining the ap-
propriate penalty/sanction in disciplinary and eligibility matters. The
following factors shall be analyzed in determining the tier and sanction
level of the Disciplinary Matrix for a particular violation or multiple
violations of the Nursing Practice Act (NPA) and Board rules:
(1) - (15) (No change.)
(16) evidence of good professional character as set forth
and required by 213.27 of this chapter (relating to Good Professional
(17) participation in a continuing education course de-
scribed in 216.3(f) of this title (relating to Requirements) completed
not more than two years before the start of the Board's investigation,
if the nurse is being investigated by the Board regarding the nurse's
selection of clinical care for the treatment of tick-borne diseases; and
[any other matter that justice may require.]
(18) any other matter that justice may require. The pres-
ence of mitigating factors does not constitute a requirement of dismissal
of a violation of the NPA and/or Board rules.
(d) - (m) (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 7, 2012.
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: June 17, 2012
For further information, please call: (512) 305-6822
CHAPTER 216. CONTINUING COMPETENCY
22 TAC 216.3
Introduction. The Texas Board of Nursing (Board) proposes
amendments to 216.3 (relating to Requirements). These
amendments are proposed under the authority of the Oc-
cupations Code 301.151, 301.303, and 301.304 and are
necessary to implement the requirements of House Bill (HB)
2975 and Senate Bill (SB) 1360, both enacted by the 82nd
Legislature, R.S., effective September 1, 2011.
During the past legislative session, the Legislature passed com-
panion bills, HB 2975 and SB 1360, addressing continuing ed-
ucation for physicians and nurses whose practice includes the
treatment of tick-borne diseases. Pursuant to the legislation,
license holders whose practice includes the treatment of tick-
borne diseases are encouraged, but not required, to participate
in continuing education relating to the treatment of tick-borne dis-
eases during each two-year licensing period. Under the bills' re-
quirements, the Board is required to adopt rules that establish
the content of the continuing education courses and identify the
37 TexReg 3670 May 18, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 20, Pages 3645-3760, May 18, 2012, periodical, May 18, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth243949/m1/26/: accessed November 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.