(3) The person subject to evaluation shall sign a release
allowing the evaluator to review the file compiled by the Board staff
and a release that permits the evaluator to release the evaluation
to the Board. The person subject to evaluation should be provided
a copy of the evaluation upon completion by the evaluator; if not,
the Board will provide the person a copy.
(l) When determining evidence of present fitness to
practice because of known or reported unprofessional conduct, lack
of good professional character, or prior criminal history:
(1) The Board may request an evaluation conducted by
a Board-approved forensic psychologist, forensic psychiatrist, or
advanced practice registered nurse who:
(A) evaluates the behavior in question or the prior
criminal history of the person;
(B) seeks to predict:
(i) the likelihood that the person subject to evaluation
will engage in the behavior in question or criminal activity again,
which may result in the person committing a second or subsequent reportable
violation or receiving a second or subsequent reportable adjudication
or conviction; and
(ii) the continuing danger, if any, that the person
poses to the community;
(C) is familiar with the duties appropriate to the
nursing profession;
(D) conducts the evaluation pursuant to professionally
recognized standards and methods; and
(E) utilizes objective tests and instruments, as determined
and requested by the Board, that are designed to test the psychological
or neuropsychological stability, fitness to practice, professional
character, and/or veracity of the person subject to evaluation.
(2) The person subject to evaluation shall sign a release
allowing the evaluator to review the file compiled by Board staff
and a release that permits the evaluator to release the evaluation
to the Board.
(3) The person subject to evaluation should be provided
a copy of the evaluation upon completion by the evaluator; if not,
the Board will provide the person a copy.
(m) Notwithstanding any other provision herein, a person's
failure to appear in person or by attorney on the day and at the time
set for hearing in a contested case shall entitle the Board to revoke
the person's license.
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Source Note: The provisions of this §213.33 adopted to be effective August 15, 2002, 27 TexReg 710; amended to be effective March 14, 2007, 32 TexReg 1304; amended to be effective October 10, 2007, 32 TexReg 7058; amended to be effective July 2, 2008, 33 TexReg 5007; amended to be effective February 16, 2010, 35 TexReg 1208; amended to be effective April 18, 2011, 36 TexReg 2395; amended to be effective July 16, 2012, 37 TexReg 5272; amended to be effective July 11, 2013, 38 TexReg 4348; amended to be effective October 29, 2015, 40 TexReg 7424; amended to be effective April 21, 2019, 44 TexReg 1864 |