| (a) If, during the course of investigating a complaint
made against an APRN, the board determines that an act of the APRN
likely falls below an acceptable standard of care, the board shall
appoint another APRN as an expert reviewer to assist in the investigation.
An APRN appointed as an expert reviewer under this section must practice
in the same advanced practice role with the same population focus
as the APRN who is the subject of the complaint.
(b) The board may not refer a complaint against an
APRN to an expert reviewer appointed under this section if the act
alleged is:
(1) within the scope of practice applicable to a nurse
who is not an advanced practice registered nurse; or
(2) considered unprofessional conduct, as described
by Occupations Code, § 301.452(b)(10).
(c) An expert reviewer appointed under this section
to review allegations against an APRN shall:
(1) determine whether the APRN violated the standard
of care applicable to the circumstances of the allegation; and
(2) issue to the board a preliminary written report
of the expert reviewer's conclusions.
(d) A report issued by an expert reviewer under this
section must include:
(1) relevant facts concerning the nursing care rendered;
(2) the applicable standard of care;
(3) application of the standard of care to the relevant
facts;
(4) a determination of whether the standard of care
has been violated; and
(5) a summation of the expert reviewer's opinion.
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