| impose probationary conditions or restrictions on
the individual's ability to practice nursing in this state, including
limiting the practice setting to one in which the individual is safe
to practice nursing.
(2) An individual's prior medical condition and/or
diagnosis will be considered by the Board only to the extent that
it may be indicative of the individual's current lack of fitness to
practice nursing.
(g) Authority of Executive Director. In eligibility
and disciplinary matters involving an individual's fitness to practice,
the Executive Director may:
(1) review information submitted by the individual
and materials and information gathered or prepared by Board Staff;
including evidence of the individual's safe practice, compliance with
the Nursing Practice Act, Board rules and regulations, and generally
accepted standards of nursing practice; verification of compliance
with treatment; and evidence of sobriety;
(2) identify any deficiencies in the information necessary
for a determination regarding the individual's current fitness to
practice;
(3) close any eligibility file in which the individual
seeking licensure has failed to respond to a request for information
from the Board or to a proposal for denial of licensure within 60
days of the request or proposed denial, as applicable;
(4) approve an individual's eligibility for licensure,
enter eligibility orders as authorized in §211.7 (relating to
Executive Director) of this title, and approve renewals, without Board
ratification, when the evidence is clearly insufficient to support
denial of licensure; and
(5) propose eligibility and disciplinary orders in
eligibility, disciplinary, and renewal matters consistent with the
Board's rules and regulations and the interests of public safety and
enter disciplinary orders as authorized in §211.7 of this title.
(h) The following eligibility and disciplinary sanction
policies, as applicable, shall be used by the Executive Director,
SOAH, and the Board in evaluating the impact of criminal conduct on
nurse licensure in eligibility and disciplinary matters:
(1) Sanctions for Behavior Involving Fraud, Theft,
and Deception, approved by the Board and published on August 28, 2015,
in the Texas Register and available
on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html;
(2) Sanctions for Behavior Involving Lying and Falsification,
approved by the Board and published on August 28, 2015, in the Texas Register and available on the Board's
website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html;
(3) Sanctions for Sexual Misconduct approved 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;
and
(4) Sanctions for Substance Use Disorders and Other
Alcohol and Drug Related Conduct, approved by the Board and published
on August 28, 2015, in the Texas Register and
available on the Board's website at http://www.bon.state.tx.us/disciplinaryaction/dsp.html.
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