Texas Register, Volume 35, Number 21, Pages 3905-4274, May 21, 2010 Page: 3,946
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titioner or not reasonably available to the Board at the time the order
is issued, the Board's ruling determines the petitioner's eligibility with
respect to the grounds for potential ineligibility as set out in the order.
An individual whose petition is denied by final order of the Board may
not file another petition or seek licensure by endorsement or examina-
tion until after the expiration of three years from the date of the Board's
order denying the petition. If the petitioner does not appeal or request
a formal hearing at SOAH after a letter proposal to deny eligibility
made by the Eligibility and Disciplinary Committee of the Board or
the Executive Director, the petitioner may re-petition or seek licensure
by endorsement or examination after the expiration of one year from
the date of the proposal to deny eligibility, in accordance with this sec-
tion and the Occupations Code 301.257.
and guidelines sthali be used by the Executive Diretorthe State Otefice
of Administrative Hearings t .OAH)- when. recommending a A~.elA-
tery orderf eligibility; and the Board in determining the appropriate
declaratory order in eligibility matters
(- Disciplinafryahi t for ~dau a Theft and Deception
approved bythe- Boafrd and publishede4n Februaryg22 2008 in theexas
Register TexReg 446) and available on the Board's website at
http-//11d ww.bon.y t statd liA llcti~ llryl r 0rlonj.htm Il.
2) Disciplinary sanctions frying anl Fification ap-
preved by the Board and pIublished n February 22 2008 in the Texas
Register TexReg !147) and available on the Board's website at
tLLtp//w bntatvv . .tLus/disc A plinar yctn/LLJ.Ll.]
3) Disciplinary Sanctien for Sexual Misconduct ap-
proead by the D ard and published on February o2 2008 in the Texas-
exas Register g TeR 49 and available on the Board's website at
htt-.//w..... st.- oact, x- i sol l , i.na.r y t n/dl po, ht m l 1
{(4-) Dibi ii y and Disciplinary Snctin for N o ses
Substanee Use Disorder and published on ebrtary 20 nh in the
x..at Rp gi.t. 4 and avaiable eon the Board's website
and (c) of thDiscipliter narynd thGuide following disciplinary andu eligibility
pro bd y the Board and published en March 9 2-007 in the Texas
Register at (-3-2 T..x -,a t4(9) and available on the- oad ..wbsi-te at
http:-.//,Awww.bon.,statc.tx.us/,,q Id isqc6iinar yaction/disCp DgidhtmI.j
(j) The Disciplinary Matrix and factors set forth in 213.33(b)
and (c) of this chapter and the following disciplinary and eligibility
sanction policies and guidelines shall be used by the Executive Director
and SOAH when recommending a declaratory order of eligibility, and
the Board in determining the appropriate declaratory order in eligibility
matters:
(1) Disciplinary Sanctions for Fraud, Theft and Deception
approved by the Board and published on February 22, 2008 in the Texas
Register (33 TexReg 1646) and available on the Board's website at
http://www.bon.state.tx.us/disciplinaryaction/dsp.html.
(2) Disciplinary Sanctions for Lying and Falsification ap-
proved by the Board and published on February 22, 2008 in the Texas
Register (33 TexReg 1647) and available on the Board's website at
http://www.bon.state.tx.us/disciplinaryaction/dsp.html.
(3) Disciplinary Sanctions for Sexual Misconduct ap-
proved by the Board and published on February 22, 2008 in the Texas
Register (33 TexReg 1649) and available on the Board's website at
http://www.bon.state.tx.us/disciplinaryaction/dsp.html.
(4) Eligibility and Disciplinary Sanctions for Nurses with
Substance Abuse, Misuse, Substance Dependency, or other SubstanceUse Disorder and published on February 22, 2008 in the Texas
Register (33 TexReg 1651) and available on the Board's website at
http://www.bon.state.tx.us/disciplinaryaction/dsp.html.
(5) Disciplinary Guidelines for Criminal Conduct ap-
proved by the Board and published on March 9, 2007 in the Texas
Register at (32 TexReg 1409) and available on the Board's website at
http://www.bon.state.tx.us/disciplinaryaction/discp-guide.html.
(k) If an individual seeking licensure by endorsement under
217.5 of this title or licensure by examination under 217.2 or 217.4
of this title should have had an eligibility issue settled pursuant to the
Occupations Code 301.257, the filed application will be treated and
processed as a petition for declaratory order under this section, and the
individual will be treated as a petitioner under this section and will be
required to pay the non-refundable fee required by this section.
(1) This section implements the requirements of the Occu-
pations Code Chapter 53 Subchapter D and the Occupations Code
301.257.
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 10, 2010.
TRD-201002488
Jena Abel
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: June 20, 2010
For further information, please call: (512) 305-6822
22 TAC 213.34
INTRODUCTION. The Texas Board of Nursing (Board) pro-
poses new 213.34 (relating to Deferred Disciplinary Action
Pilot Program). The proposed new section is necessary to im-
plement 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 301.
Background
The 80th Texas Legislature enacted SB 993, Regular Session,
effective September 1, 2007, in order to promote a less punitive
regulatory environment for individuals who commit minor viola-
tions of the Nursing Practice Act (the 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-35 TexReg 3946 May 21, 2010 Texas Register
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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/m1/41/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.