| (G) perform public service which the Board considers
appropriate;
(7) Remit payment of an administrative penalty or fine;
(8) Acceptance of a Voluntary Surrender of a nurse's
license(s) or permit;
(9) Revocation of the person's license or permit;
(10) Require participation in remedial education course
or courses prescribed by the Board which are designed to address those
competency deficiencies identified by the Board;
(11) Assessment of a fine as set forth in §213.32
of this chapter (relating to Corrective Action Proceedings and Schedule
of Administrative Fines);
(12) Assessment of costs as authorized by the Government
Code §2001.177; and/or
(13) Require successful completion of a Board approved
peer assistance program.
(f) Every order issued by the Board shall require the
person subject to the order to participate in a program of education
or counseling prescribed by the Board, which at a minimum, will include
a review course in nursing jurisprudence and ethics.
(g) The following disciplinary and eligibility sanction
policies, as applicable, shall be used by the Executive Director,
Board and SOAH when determining the appropriate penalty/sanction in
disciplinary and eligibility 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.
(h) To the extent that a conflict exists between the
Disciplinary Matrix and a disciplinary and eligibility sanction policy
described in subsection (g) of this section, the Disciplinary Matrix
controls.
(i) Unless otherwise specified, fines shall be payable
in full by cashier's check or money order not later than the 45th
day following the entry of an Order.
(j) The payment of a fine shall be in addition to the
full payment of all applicable fees and satisfaction of all other
applicable requirements of the NPA and the Board's rules.
(k) If the Board has probable cause to believe that
a person is unable to practice nursing with reasonable skill and safety
because of physical impairment, mental impairment, chemical dependency/substance
use disorder, or abuse/misuse of drugs or alcohol, the Board may require
an evaluation that meets the following standards:
(1) The evaluation must be conducted by a Board-approved
addictionologist, addictionist, medical doctor, neurologist, doctor
of osteopathy, psychologist, neuropsychologist, advanced practice
registered nurse, or psychiatrist, with credentials appropriate for
the specific evaluation, as determined by the Board. In all cases,
the evaluator must possess credentials, expertise, and experience
appropriate for conducting the evaluation, as determined by the Board.
The evaluator must be familiar with the duties appropriate to the
nursing profession.
(2) The evaluation must be designed to determine whether
the suspected impairment prevents the person from practicing nursing
with reasonable skill and safety to patients. The evaluation must
be conducted pursuant to professionally recognized standards and methods.
The evaluation must include the utilization of objective tests and
instruments with valid and reliable validity scales designed to test
the person's fitness to practice. The evaluation may include testing
of the person's psychological or neuropsychological stability only
if the person is suspected of mental impairment, chemical dependency,
or drug or alcohol abuse. If applicable, the evaluation must include
information regarding the person's prognosis and medication regime.
(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.
|
| 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; amended to be effective November 23, 2021, 46 TexReg 7877 |
