301.504. Sec.

(g) Subject to Subsection (h), a nurse employed by a hospital operated by or on behalf of a state or local governmental entity who alleges a violation of Subsection (b) may sue the state or local governmental entity for relief under this section, and the sovereign immunity of the state or local governmental entity from suit and from liability is waived for the limited purpose of allowing the nurse to maintain a lawsuit in state court to obtain that relief.

301.452.

192), Sec. (2) require continuing education in clinical pharmacology and related pathophysiology in addition to any continuing education otherwise required under Section 301.303. TEMPORARY LICENSE SUSPENSION FOR DRUG OR ALCOHOL USE. 1718), Sec.

1.024, eff.

Sec. Unless continued in existence as provided by that chapter, the board is abolished September 1, 2029.

Sept. 1, 1999. (2) the mandatory reporting requirements unless the program: (A) is designed to evaluate the efficiency of alternative reporting methods; and.

September 1, 2007.

877 (S.B.

Sept. 1, 1999. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1, eff. June 19, 2009. 1058), Sec. 2, eff.

Acts 2009, 81st Leg., R.S., Ch.

BOARD RESPONSIBILITY FOLLOWING REPORT. (2) a settlement of a claim or lawsuit made on behalf of a nurse.

743), Sec. Acts 1999, 76th Leg., ch.

10, eff. 301.203. May 20, 2005. Added by Acts 2009, 81st Leg., R.S., Ch. (6) the period in which protocols or procedures covered by rules of the board shall be reviewed, updated, or amended.

301.356. Sec. Amended by Acts 2003, 78th Leg., ch. 1, eff.

803, Sec.

(b) The board may refuse to renew the license of a person who does not comply with the requirement of Subsection (a). (a) In this section, "emergency relief program" means a program operated or sponsored by the federal government, the state, or a nonprofit organization to provide nurses to assist in providing health care to victims or potential victims of a disaster or state or local emergency. November 1, 2013. (c) A nurse's rights under this section may not be nullified by a contract.

Added by Acts 2007, 80th Leg., R.S., Ch. The board shall determine whether a nurse violated this chapter or a rule adopted under this chapter for any case reported to the board in which the nurse's ability to perform the practice of nursing was impaired or suspected of being impaired by chemical dependency or diminished mental capacity and in which the nurse is suspected of committing a practice violation. Sec. Amended by Acts 2003, 78th Leg., ch. Sec. 1434), Sec.

878 (S.B. Sec.

1.003, eff.

23, eff. The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination.

Acts 2009, 81st Leg., R.S., Ch. 1.016, eff. (3) concurrently renew any license or approval granted to an advanced practice registered nurse under this subsection and a license renewed by the advanced practice registered nurse under Section 301.301. ISSUANCE OF LICENSE.

(b) The board shall provide reasonable assistance to a person who wishes to file a complaint with the board.

(a) Except as provided by Section 301.452, an applicant is entitled to take the examination prescribed by the board if: (1) the board determines that the applicant meets the qualifications required by Section 301.252; and. Added by Acts 2013, 83rd Leg., R.S., Ch.

The amount paid may not exceed the amount the board charges for copies of its records.

Acts 1999, 76th Leg., ch.

(l) A lawsuit under Subsection (g) against a local governmental entity shall be brought in a district court in a county in which all or part of the entity is located. 993), Sec. (c-1) A person whose license has been expired for more than 90 days but less than one year may renew the license by paying to the board all unpaid renewal fees and a late fee that is equal to twice the amount of a late fee under Subsection (c).

(b) Each person shall respond promptly and fully to a request for information by the board or to a subpoena issued by the board. Amended by Acts 2003, 78th Leg., ch. The board may receive gifts, grants, or other funds or assets. 1420, Sec. Acts 2011, 82nd Leg., R.S., Ch.

301.605. 3961), Sec. (a) In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this chapter or a board rule. (c) A person whose license has been expired for 90 days or less may renew the license by paying to the board the required renewal fee and a late fee in the amount considered appropriate by the board to encourage timely renewal.

(2) the license holder completed the course not more than two years before the start of the investigation. September 1, 2007. (b) The board by rule shall adopt guidelines for the types of violations for which a corrective action may be imposed. 553, Sec.

Sec. (d) The court shall hold a hearing on the facts alleged in the affidavit as soon as practicable and shall stay the enforcement of the penalty on finding that the alleged facts are true.

Sept. 1, 1999. The board, in deciding whether to take disciplinary action against the nurse for a violation of this chapter or board rules, shall balance the need to protect the public and the need to ensure the impaired nurse seeks treatment. IMPOSITION OF CORRECTIVE ACTION.

Sec.

June 20, 2003. The board, on payment of a fee set by the board, may conduct the requested inspection and issue an advisory opinion.

September 1, 2013.

Acts 2007, 80th Leg., R.S., Ch.

Acts 2007, 80th Leg., R.S., Ch. OPTIONS FOLLOWING DECISION: PAY OR APPEAL. (a) The board may not adopt a rule, regulation, or policy that violates Chapter 110, Civil Practice and Remedies Code.

(B) giving to the court a supersedeas bond that is approved by the court and that: (i) is for the amount of the penalty; and, (ii) is effective until judicial review of the board's order is final; or.

(a) The executive director shall keep: (1) a record of each meeting of the board; and. 2426), Sec. 301.456. (F) engaging in other acts that require education and training, as prescribed by board rules and policies, commensurate with the nurse's experience, continuing education, and demonstrated competency.

889 (H.B. (c) In approving a pilot program, the board may grant the program an exception to the mandatory reporting requirements of Sections 301.401-301.409 or to a rule adopted under this chapter or Chapter 303 that relates to the practice of nursing, including education and reporting requirements for nurses. 24, eff. (c) This section does not apply to a person entitled to practice nursing in this state under Chapter 304. Amended by Acts 2003, 78th Leg., ch. Sec.

(2) may not be subjected to other retaliatory action as a result of making the report or giving the advice. healthcare (e) Notwithstanding Subsection (a), a person is not entitled to a hearing on a refusal to renew a license if the person: (1) fails to submit a renewal application; or, (B) shows on its face that the person does not meet the renewal requirements; or.

MEMBER ELIGIBILITY.

1189 (S.B. September 1, 2007. 553, Sec.

Acts 2017, 85th Leg., R.S., Ch.

(2) "Professional nursing" means the performance of an act that requires substantial specialized judgment and skill, the proper performance of which is based on knowledge and application of the principles of biological, physical, and social science as acquired by a completed course in an approved school of professional nursing.

Acts 2007, 80th Leg., R.S., Ch.

The board shall maintain information about: (2) the subject matter of the complaint; (3) a summary of the results of the review or investigation of the complaint; and.

(g) The board by rule may establish guidelines for targeted continuing education required under this chapter. (a) The board shall employ an executive director. The refusal by a nurse to work mandatory overtime as authorized by Chapter 258, Health and Safety Code, does not constitute patient abandonment or neglect. Renewal of a license by the board is conditioned on the board obtaining the person's criminal history record information under this section.

(a) The license of a nurse shall be temporarily suspended or restricted on a determination by a majority of the board or a three-member committee of board members designated by the board that, from the evidence or information presented, the continued practice of the nurse would constitute a continuing and imminent threat to the public welfare. (c) A person whose license is on inactive status may not perform any professional nursing or vocational nursing service or work.

12, eff.

301.410.

(3) the subject matter of each complaint that was not within the jurisdiction of the board and how the board responded to the complaint. (a) The board may place on inactive status the license of a person under this chapter who is not actively engaged in the practice of professional nursing or vocational nursing if the person submits a written request to the board in the form and manner determined by the board. Sec.

A request or subpoena may not be refused, denied, or resisted unless the request or subpoena calls for information within the attorney-client privilege. 553, Sec. AGREED DISPOSITION.

Amended by Acts 2003, 78th Leg., ch. DUTY OF PERSON EMPLOYING NURSE TO REPORT. (d-6) The board, in cooperation with the Texas Higher Education Coordinating Board and the Texas Workforce Commission, shall establish guidelines for the initial approval of schools of nursing or educational programs.

(d-8) For purposes of Subsection (d-4), a nursing program is considered to meet standards substantially equivalent to the board's standards if the program: (1) is part of an institution of higher education located outside this state that is approved by the appropriate regulatory authorities of that state; (2) holds regional accreditation by an accrediting body recognized by the United States secretary of education and the Council for Higher Education Accreditation; (3) holds specialty accreditation by an accrediting body recognized by the United States secretary of education and the Council for Higher Education Accreditation; (4) requires program applicants to be a licensed practical or vocational nurse, a military service corpsman, or a paramedic, or to hold a college degree in a clinically oriented health care field with demonstrated experience providing direct patient care; and.

(a) The board may recommend to the Texas State Board of Medical Examiners the adoption of rules relating to the delegation by physicians of medical acts to registered nurses and vocational nurses licensed by the board. (6) deny or withdraw approval from a school of nursing or educational program that: (A) fails to meet the prescribed course of study or other standard under which it sought approval by the board; (B) fails to meet or maintain accreditation with the national nursing accrediting agency selected by the board under Subdivision (5) under which it was approved or sought approval by the board; or.

REFUSAL OF MANDATORY OVERTIME. (b) On final conviction or a plea of guilty or nolo contendere for an offense listed in Subsection (a), the board, as appropriate, may not issue a license to an applicant, shall refuse to renew a license, or shall revoke a license.

Sept. 1, 1999.

The notice must: (2) state the recommended corrective action; and.

301.606. 21(1), eff. For each case, the administrative law judge may make a recommendation regarding an appropriate action or sanction. 993), Sec. SUBCHAPTER D. GENERAL POWERS AND DUTIES OF BOARD.

301.509. 1163, Sec.

(d) An appropriate licensing agency may take action against a person who violates this section.

(h) The board shall establish by rule the qualifications for a licensed practitioner to conduct an evaluation under this section.

876, Sec.

September 1, 2007. Acts 2013, 83rd Leg., R.S., Ch.

A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action. 301.005. Amended by Acts 2003, 78th Leg., ch.

The rules, policies, or procedures adopted under this subsection must: (1) distinguish between categories of complaints; (2) ensure that complaints are not dismissed without appropriate consideration; (3) require that the board be advised of a complaint that is dismissed and that a letter be sent to the person who filed the complaint explaining the action taken on the dismissed complaint; (4) ensure that the person who filed the complaint has an opportunity to explain the allegations made in the complaint; (5) prescribe guidelines concerning the categories of complaints that require the use of a private investigator and the procedures for the board to obtain the services of a private investigator; and. metaphors caduceus hospital suicase paralytic



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