The following words and terms, when used in this chapter, shall
have the following meanings, unless the context clearly indicates
otherwise:
(1) Act--The Nursing Practice Act or NPA, Texas Occupations
Code Annotated §§301.001 - 301.607; 303.001 - 304.014.
(2) Address of record--The address of each licensee
as provided to the Board of Nursing (as required by Board rules relating
to Change of Name and/or Address) and currently found in §217.7
of this title (relating to Change of Name and/or Address).
(3) Administrative Law Judge or judge--An individual
appointed by the chief administrative law judge of the State Office
of Administrative Hearings to preside over administrative hearings
pursuant to Texas Government Code Annotated, Chapter 2003, §2003.041.
The term shall also include any temporary administrative law judge
appointed by the chief administrative law judge pursuant to Texas
Government Code Annotated §2003.043.
(4) Adverse licensure action--Any action to fine, reprimand,
warn, limit, probate, revoke, suspend, or otherwise discipline a license
or multistate licensure privilege. The term includes an order accepting
a voluntary surrender in lieu of disciplinary action.
(5) Answer--A responsive pleading.
(6) APA--Administrative Procedure Act, Texas Government
Code Annotated Chapter 2001.
(7) Attorney of record--A person licensed to practice
law in Texas who has provided the staff with written notice of representation.
(8) Board--The Board of Nursing appointed pursuant
to Texas Occupations Code Annotated §301.051. For purposes of
this section, "Board" also includes a three member standing
committee designated by the Board to determine matters of eligibility
for licensure and discipline of licensees.
(9) Client--See Patient.
(10) Complaint--Written accusations made by any person,
or by the Board on its own initiative, alleging that a licensee's
conduct may have violated the NPA.
(11) Contested case--A proceeding including, but not
restricted to, rate making and licensing, in which the legal rights,
duties or privileges of a party are to be determined by an agency
after an opportunity for adjudicative hearing.
(12) Conviction--The result of a criminal proceeding
wherein an individual, based on a plea or verdict, is adjudged guilty
of the offense charged, or has been placed on probation with or without
an adjudication of guilt, or has received an order of deferred adjudication.
(13) Declaratory order--An order, issued by the Board
pursuant to Texas Occupations Code Annotated §301.257, determining
the eligibility of an individual for initial licensure as a registered
or vocational nurse and setting forth both the basis for potential
ineligibility and the Board's determination of the disclosed eligibility
issues.
(14) Default proceeding--The issuance of a proposal
for decision or an order in which the factual allegations against
the respondent in a contested case are deemed admitted as true upon
the respondent's failure to appear at a properly noticed hearing,
or failure to file a response to the Formal Charges.
(15) Eligibility and Disciplinary Committee--A three
member committee organized in accordance with §211.6 of this
title (relating to Agreements in Writing) and authorized by the Board
to make a final disposition of licensure eligibility and disciplinary
matters including temporary suspension.
(16) Eligibility matter--A proceeding by which an individual
requests licensure (such as by Petition for Declaratory Order, Application
for Examination, Application for Endorsement), Reinstatement, Reissuance,
or Renewal.
(17) Executive director--The executive director of
the Board of Nursing.
(18) Formal charges--Pleading of the staff publicly
alleging the reasons for disciplinary actions against a registered
or vocational nurse created in accordance with Texas Occupations Code
Annotated §301.458.
(19) Hearing--A public adjudicative proceeding at the
State Office of Administrative Hearings.
(20) Informal conference--A non-public settlement meeting
conducted by the executive director or designee to resolve a disciplinary
or eligibility matter pending before the Board.
(21) Initial licensure--The original grant of permission
to practice nursing in Texas, regardless of the method through which
licensure was sought.
(22) License--Includes the whole or part of any Board
permit, certificate, approval, registration, or similar form of permission
required by law to practice professional or vocational nursing in
the State of Texas. For purposes of this subchapter, the term includes
a multistate licensure privilege.
(23) Licensee--A person who has met all the requirements
to practice as a registered or vocational nurse pursuant to the Nursing
Practice Act and the Rules and Regulations relating to Nurse Education,
Licensure and Practice and has been issued a license to practice professional
or vocational nursing in Texas. For purposes of this subchapter, the
term includes a person who practices pursuant to a multistate licensure
privilege.
(24) Licensing--Includes the Board's process with respect
to the granting, denial, renewal, revocation, suspension, annulment,
withdrawal, amendment of a license, or multistate licensure privilege.
(25) Minor Incident--Conduct in violation of the Nursing
Practice Act, which after a thorough evaluation of factors enumerated
under §217.16 of this title (relating to Minor Incidents), indicates
that the nurse's continuing to practice professional or vocational
nursing does not pose a risk of harm to a client or other person and,
therefore, does not need to be reported to the Board or peer review
committee.
(26) Multistate Licensure Privilege--See Texas Occupations
Code Annotated §304.001, article 1(h) (definition of Multistate
Licensure Privilege). For purposes of this subchapter, the multistate
licensure privilege means the privilege to practice as a professional
or vocational nurse in the state of Texas based on the current, official
authority to practice as a nurse in another state that has enacted
the Nurse Licensure Compact, Texas Occupations Code Annotated Chapter
304.
(27) Order--A written decision of the Board, regardless
of form, signed by the Board or the executive director on its behalf.
(28) Party--A person who holds a license issued by
the Board of Nursing or multistate licensure privilege, a person who
seeks to obtain, retain, modify his or her license, or a multistate
licensure privilege, or the Board of Nursing.
(29) Patient--An individual under the care and treatment
of a health care professional either at a health care facility or
in his/her own home.
(30) Person--Any individual, representative, corporation,
or other entity, including any public or non-profit corporation, or
any agency or instrumentality of federal, state, or local government.
(31) Petitioner--A party, including the staff, who
brings a request or action and assumes the burden of going forward
with an administrative proceeding, e.g., the staff in an action to
discipline a licensee, the person who seeks reinstatement of a license,
or the person who seeks a determination of eligibility for licensure.
(32) Pleading--A written document submitted by a party,
or a person seeking to participate in a case as a party, which requests
procedural or substantive relief, makes claims, alleges facts, makes
legal argument, or otherwise addresses matters involved in the case.
(33) Reinstatement--The process of reissuing and restoring
a license to active status that has been previously suspended, revoked,
or voluntarily surrendered.
(34) Respondent--A party, including the staff, to whom
a request is made or against whom an action is brought, e.g., the
licensee in a disciplinary action by the staff, the person who holds
a multistate licensure privilege in a disciplinary action by the staff,
the Board in a reinstatement action, or the Board in an action to
determine eligibility for licensure.
(35) Rule--Any agency statement of general applicability
that implements, interprets, or prescribes law or policy, or describes
the procedure or practice requirements of a state agency. The term
includes the amendment or repeal of a prior rule, and does not include
statements regarding only the internal management or organization
of any agency and not affecting private rights or procedures.
(36) SOAH--The State Office of Administrative Hearings.
(37) Staff--The staff of the Board, not including the
executive director. For purposes of these rules, the staff may act
through the legal counsel.
(38) Technical error--A judge's misinterpretation or
misapplication of sound nursing principles or minimum nursing practice
standards in a proposal for decision that must be corrected to sufficiently
protect the public.
|
