| (a) The board shall determine qualifications for and
retain an executive director who shall be the chief executive officer
of the agency.
(b) The executive director shall have the authority
and responsibility for the operations and administration of the agency
and such additional powers and duties as prescribed by the board.
As chief executive of the board the executive director shall manage
all aspects of the agency, including personnel, financial and other
resources, in support of the NPA, rules and policies, the board's
mission and strategic plan. The executive director shall attend all
meetings of the board and may offer recommendations to the board,
but shall not vote on matters brought before the board.
(c) The executive director shall have the authority
to dismiss a complaint if an investigation demonstrates that a violation
did not occur, or the subject of the complaint is outside the board's
jurisdiction. At each public meeting of the board, the executive director
shall report to the board each complaint dismissed since the board's
last public meeting.
(d) The Executive Director, or the Executive Director's
designee, is authorized to offer proposed disciplinary orders upon
evaluation of the investigation findings. Such an offer may be made:
(1) by mail at the conclusion of an investigation;
or
(2) in person following an informal conference.
(e) The Executive Director is authorized to accept
the voluntary surrender of a license. Board ratification is not required.
The Executive Director will report summaries of dispositions to the
Board at its regular meetings.
(f) The Executive Director is authorized to accept
the following orders on behalf of the Board and ratification by the
Board is not necessary. The Executive Director will report summaries
of dispositions to the Board at its regular meetings.
(1) Orders issued under §213.32(2) and (5) of
this title (relating to Corrective Action Proceedings and Schedule
of Administrative Fines).
(2) Orders requiring a licensee to comply with a peer
assistance program.
(3) Orders issued under subsection (i) of this section.
(g) The Executive Director may grant any motion for
rehearing if he/she is of the opinion that the motion has merit based
on the criteria of §213.16(j) of this title (relating to Respondent's
Answer in a Disciplinary Matter). Otherwise, any motion considered
untimely or without merit under the criteria of §213.16(j) of
this title, would be scheduled without prejudice before the next practicable
full Board or Eligibility and Disciplinary meeting for review and
determination.
(h) The Executive Director may grant a request for
a limited license or negotiate an agreed order to return a limited
licensee back to direct patient care. The Executive Director may negotiate
an agreed resolution to a request for an exception to a stipulation
contained in an existing order of the Board. The Executive Director
shall not grant a request for exception under this subsection unless
he/she is of the opinion that the requested relief falls within, and
is consistent with, public safety and the parameters of §213.33(b),
(g), and (h) of this title (relating to Factors Considered for Imposition
of Penalties/Sanctions). Otherwise, a request for exception to an
existing order of the Board may be scheduled without prejudice before
the next practicable Eligibility and Disciplinary Committee meeting
for review and determination. The Executive Director shall establish
guidelines for review and approval of requests for exceptions to existing
Board orders, including how often such requests may be made. The Executive
Director shall report summaries of decisions related to requests for
exceptions to existing Board orders to the Board at its regularly
scheduled meetings.
(i) Following the temporary suspension of an individual's
license pursuant to the Occupations Code §301.455 or §301.4551,
the Executive Director may approve and accept on behalf of the Board
an agreed order resolving the contested case if he/she is of the opinion
that the agreed order falls within, and is consistent with, public
safety and the parameters of §213.27 of this title (relating
to Good Professional Character); §213.29 of this title (relating
to Criteria and Procedure Regarding Intemperate Use and Lack of Fitness
in Eligibility and Disciplinary Matters); and §213.33 of this
title. The Executive Director shall report summaries of dispositions
under this subsection to the Board at its regularly scheduled meetings.
(j) The Executive Director is authorized to accept
the voluntary closure of a vocational nursing education program or
a professional nursing education program. Board ratification is not
required. The Executive Director will report summaries of such closures
to the Board at its regular meetings.
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| Source Note: The provisions of this §211.7 adopted to be effective March 31, 2002, 27 TexReg 2236; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective November 15, 2009, 34 TexReg 7810; amended to be effective April 17, 2013, 38 TexReg 2359; amended to be effective October 7, 2013, 38 TexReg 6917; amended to be effective January 31, 2017, 42 TexReg 310 |
