| (a) Deferred discipline may be imposed by the Board
as specified in this rule.
(b) The opportunity to enter into a deferred disciplinary
order is at the sole discretion of the Executive Director as a condition
of settlement by agreement and is not available as a result of a contested
case proceeding conducted pursuant to the Government Code Chapter
2001.
(c) Deferred discipline will be available for:
(1) individuals with no prior disciplinary history
with the Board or any other licensing board and/or disciplinary authority
in another jurisdiction or under federal law;
(2) violations of the Nursing Practice Act and/or Board
rules that are proposed for resolution through the issuance of a Warning,
a Warning with Stipulations, a Warning with Stipulations and a Fine,
a Warning with a Fine, Remedial Education, Remedial Education with
a Fine, or a Fine; and
(3) violations of the Nursing Practice Act and/or Board
rules that were pending with the Board on September 1, 2009, or after.
(d) Violations of the Nursing Practice Act and/or Board
rules involving sexual misconduct, criminal conduct, intentional acts,
falsification, deception, or substance use disorder will not be eligible
for resolution through deferred discipline.
(e) Deferred discipline will not be available to:
(1) an individual who files a petition for declaratory
order under §213.30 of this title (relating to Declaratory Order
of Eligibility for Licensure);
(2) an individual whose application under §217.2
of this title (relating to Licensure by Examination for Graduates
of Nursing Education Programs Within the United States, its Territories,
or Possessions), §217.4 of this title (relating to Requirements
for Initial Licensure by Examination for Nurses Who Graduate from
Nursing Education Programs Outside of United States' Jurisdiction),
or §217.5 of this title (relating to Temporary License and Endorsement)
is treated as a petition for declaratory order under §213.30
of this title; or
(3) an individual who is practicing nursing in Texas
on a nurse licensure compact privilege.
(f) A deferred disciplinary order will be available
to the public for a minimum of three years and until such time as
an individual successfully completes all of the conditions required
by the deferred disciplinary order and the originating complaint is
dismissed by the Board. After such time, the deferred disciplinary
order will become confidential to the same extent that a complaint
is confidential under the Occupations Code §301.466
(g) If an individual fails to comply with a condition
required by a deferred disciplinary order or if a subsequent complaint
is filed against an individual during the pendency of the deferred
disciplinary order, the Board will stay the dismissal of the originating
complaint pending the resolution of the subsequent complaint. If the
subsequent complaint is proposed for resolution through a disciplinary
action under the Occupations Code Chapter 301, Subchapter J, the Board
will not dismiss the originating complaint, and the Board may treat
the deferred disciplinary order as prior discipline when considering
the imposition of a disciplinary sanction.
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| Source Note: The provisions of this §213.34 adopted to be effective July 12, 2010, 35 TexReg 6077; amended to be effective July 30, 2014, 39 TexReg 5753; amended to be effective July 12, 2017, 42 TexReg 3485 |
