Texas Register, Volume 33, Number 46, Pages 9149-9344, November 14, 2008 Page: 9,191
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(1) The board has established the following committees
that advise the board on a continuous basis or as charged by the Board:
(A) - (C) (No change.)
(D) the Eligibility and Disciplinary Advisory Commit-
tee (EDAC) gives analysis and advises the Board regarding regulatory
matters. The EDAC is comprised of representatives from the follow-
(i) 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.
(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 November 3,
James W. Johnston
Texas Board of Nursing
Earliest possible date of adoption: December 14, 2008
For further information, please call: (512) 305-6811
CHAPTER 217. LICENSURE, PEER
ASSISTANCE AND PRACTICE
22 TAC 217.16
The Texas Board of Nursing (BON) proposes amendments to 22
TAC 217.16 relating to Minor Incidents. The proposed amend-
ments will provide clarification and consistency in the Board's
current "minor incident" rule with the board's nursing peer re-
view rules located at 22 TAC 217.19 and 217.20, relating to
Incident-Based and Safe Harbor Nursing Peer Review respec-
tively. This proposed rule regarding minor incidents will help with
the implementation of the previously adopted nursing peer re-
view rules that became effective May 11, 2008, as published in
the October 10, 2008, issue of the Texas Register (33 TexReg
8512). These rules were revised in response to Senate Bill 993
and House Bill 2426 (80th Regular Texas Legislative Session,
The minor incident rule was last amended in May of 2006 and
has been in existence since 1994. As is stated in current rule
language, the board does not believe the protection of the pub-
lic is enhanced by the reporting of every minor incident that may
be a violation of the Texas Nursing Practice Act. The intent of
the Minor Incident rule is to provide guidance to nurses, nurs-
ing peer review committees, nursing supervisors and others who
may have a duty to report in determining whether a nurse has
engaged in conduct that indicates the nurse's continued prac-
tice would pose a risk of harm to patients or others that cannot
be remediated or that is otherwise required to be reported to the
The proposed rule also adds guidance for implementing
amended 301.410(b) of the Nursing Practice Act which now
requires a report to the board when a person believes a nurse
has committed a practice violation in conjunction with the belief
that the nurse may concurrently be impaired by chemical de-
pendency or any condition that results in the nurse experiencing
a diminished mental capacity.
The proposed rule seeks to implement additional changes rec-
ommended by the BON's Nursing Practice Advisory Committee
(NPAC) which were adopted by the Board to clarify language
regarding conduct that requires a report to the board and con-
duct that typically does not require a report to the board. Given
that nurses are frequently in attendance when a patient expires,
the proposed language also provides guidance to peer review
committees when they are asked to evaluated nursing actions
associated with a death or serious injury. The rule is designed
to ensure that the peer review documents the committee's ratio-
nale in coming to this determination when death or serious injury
to a patient is present.
Katherine Thomas, Executive Director, has determined that for
each year of the first five years the proposal is in effect, there will
be no additional fiscal implications for state or local government
as a result of implementing the proposed amendments. There
will be no effect on small or micro businesses or foreseeable
anticipated costs to affected individuals as a result of the imple-
mentation of the proposed rule changes.
Ms. Thomas has also determined that for each year of the first
five years the proposal is in effect, the public benefit will be that
the BON will more effectively fulfill its mission.
Written comments on the proposed amendments may be sub-
mitted to Katherine Thomas, Executive Director, Texas Board
of Nursing, 333 Guadalupe, Suite 3-460, Austin, TX 78701; by
e-mail to email@example.com; or by facsimile to
The amendment is proposed pursuant to the authority of Texas
Occupations Code 301.151 which authorizes the Board of
Nursing to adopt, enforce, repeal, and amend rules consistent
with its legislative authority under the Nursing Practice Act.
The proposed rule implicates Texas Occupations Code
301.401 and 301.410(b).
217.16. Reporting of Minor Incidents.
(a) Purpose. The Board believes protection of the public is
not enhanced by the reporting of every minor incident that may be a
violation of the Texas Nursing Practice Act or a board rule. This is
particularly true when there are mechanisms in place in the nurse's
practice setting to identify nursing errors, detect patterns of practice,
and take corrective action to remediate deficits in a nurse's judgment,
knowledge, training, or skill. This rule is intended to provide guid-
PROPOSED RULES November 14, 2008 33 TexReg 9191
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Texas. Secretary of State. Texas Register, Volume 33, Number 46, Pages 9149-9344, November 14, 2008, periodical, November 14, 2008; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth90822/m1/42/: accessed November 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.