149 - Welcome to the Texas Board of Nursing Website · 153 AGENDA ITEM DISCUSSION ACTION Saucedo,...

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TEXAS BOARD OF NURSING

Regular MeetingThursday, January 21, 20168:35 am - 5:37 pm333 Guadalupe, Tower II, Room 225Austin, Texas

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Deborah Hughes Bell, CLU, ChFC, Board Vice-President, Representing ConsumersNina Almasy, BSN, RN, MSN, Representing LVN EducationPatti Clapp, BA, Representing ConsumersLaura A. Disque, MN, RN, Representing RN Allison Porter-Edwards, DrPH, MS, RN, Representing BSN EducationDiana Rodriguez Flores, MN, RN, Representing RN PracticeMonica Hamby, LVN, Representing LVN PracticeDoris Jean Jackson, DHA, (ABD), MSN, RN, Representing ADN EducationKathy Leader-Horn, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN PracticeDavid Saucedo II, Representing ConsumersFrancis D. Stokes, Representing Consumers

Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsKristin Benton, Director of NursingJames “Dusty” Johnston, General Counsel Jena Abel, Assistant General CounselJohn Vanderford, Assistant General CounselStacey Cropley, Nursing ConsultantJan Hooper, Nursing ConsultantVirginia Ayars, Nursing ConsultantDenise Benbow, Nursing ConsultantLinda Laws, Nursing ConsultantSusan Lee, Nursing ConsultantJody McFarland, Nursing ConsultantKristen Sinay, Nursing ConsultantBeverley Skloss, Nursing ConsultantGayle Varnell, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistJeremy Bruker, Information TechnologyBill Ray, Information Technology

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AGENDA ITEM DISCUSSION ACTION

CALL TO ORDER Kathy Shipp called the meeting to order at8:36 am, Thursday January 21, 2016.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with all thirteen members inattendance.

INTRODUCTIONS Board Members and Staff introducedthemselves to the audience and attendees.

ACCEPTANCE OFAGENDA

Agenda Item 7.5. Consideration of ProposedNew 22 Tex. Admin. Code §211.10 andAgenda Item 8.7.3. Consideration of Order ofDismissal and Remand, Recommendations,and Board action: In the Matter of PermanentCertificate LVN #225574, Issued to RAMONBASALDUA, SOAH Docket No. 507-16-0163 were removed from the agenda.

The Board reviewed the Agenda.

Motion by Patti Clapp, Second by FrancisStokes

Motion to approve the Agenda with theremoval of:Agenda Item 7.5. Consideration of ProposedNew 22 Tex. Admin. Code §211.10 and Agenda Item 8.7.3. Consideration of Order ofDismissal and Remand, Recommendations,and Board action: In the Matter of PermanentCertificate LVN #225574, Issued to RAMONBASALDUA, SOAH Docket No. 507-16-0163

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Doris J Jackson, Diana RFlores, David E Saucedo, Patti Clapp, NinaAlmasy, Monica Hamby, Kathy Leader-Horn,Deborah Bell, Beverley Nutall

Abstain: Kathy Shipp

Final Resolution: Motion Carries

ACCEPTANCE OF MINUTES

The Board reviewed the minutes from theOctober 21, 2015 Board Retreat and October22-23, 2015 Board Meeting

Motion by Francis Stokes, Second by DorisJackson

Motion to approve the Minutes from theOctober 21, 2015 Board Retreat and from theOctober 22-23, 2015 Board Meeting




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CONSENTAGENDA ITEMS

The Board reviewed the consent agenda.

The following item was pulled off the ConsentAgenda for discussion:

8.5. Eligibility Agreed OrderGreen (Blaker, Dozier), Patti Pfeffer, LVNExam Petitioner

Motion by Patti Clapp, Second by DorisJackson

Move to approve the Consent AgendaExcluding the following:

3.2.6. Consideration of Change in ApprovalStatus for Nursing Education Programs fromInitial Approval, Initial Approval with Warning,Full Approval with Warning, and ConditionalApproval to Full Approval8.1. Agreed Orders of:Asumbrado, Jerry Macasil, RN# 741521Bliven, Edward Charles, RN# 811558Rowland, Melissa, RN #845794/LVN#233082Taylor, Kathy Jean, RN# 5732588.2. Agreed Order-KSTAR ProgramGonzales, Desireah, RN #8279138.3. Deferred Agreed OrdersRice, Heather Dawn Stephens, LVN#2151508.5. Eligibility Agreed OrderGreen (Blaker, Dozier), Patti Pfeffer, LVNExam Petitioner8.7. Default ALJ Proposals for Decision8.7.1. Consideration of Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of PermanentCertificate AP#122816 & RN #867841,Issued to WAYNE RUSSELL ALONGI,SOAH Docket No. 507-15-5349 8.7.8. Consideration of Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of PermanentCertificate LVN#213567, Issued to CASEYMICHELLE DIAZ SOAH Docket No.507-15-4803 8.7.9. Consideration of Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of PermanentCertificate LVN#111730, Issued to NORMAK. GONZALEZ SOAH Docket No.507-15-5193




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The following Recusals were made onConsent Agenda Items:

Board Member Doris Jackson recusedherself prior to the consideration and vote onthe following:3.2.6. Consideration of Change in ApprovalStatus for Nursing Education Programs fromInitial Approval, Initial Approval with Warning,Full Approval with Warning, and ConditionalApproval to Full Approval

Motion by Deborah Bell, Second by PattiClapp

Move to approve Agenda Item 3.2.6.Consideration of Change in Approval Statusfor Nursing Education Programs from InitialApproval, Initial Approval with Warning, FullApproval with Warning, and ConditionalApproval to Full Approval.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Nina Almasy, MonicaHamby, Kathy Leader-Horn, Deborah Bell,Beverley Nutall

Recused: Doris J Jackson



Board Member Nina Almasy recused herselfprior to the consideration and vote on thefollowing:8.1. Agreed OrderRowland, Melissa, RN #845794/LVN#233082

Motion by Deborah Bell, Second by KathyLeader-Horn

Move to approve the Agreed Order ofRowland, Melissa, RN #845794/LVN#233082

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Deborah Bell, Beverley Nutall,Doris J Jackson

Recused: Nina Almasy



Board Member Deborah Bell recused herselfprior to the consideration and vote on thefollowing:8.1. Agreed OrdersAsumbrado, Jerry Macasil, RN# 741521Bliven, Edward Charles, RN# 811558Taylor, Kathy Jean, RN# 5732588.2. Agreed Order - KSTAR ProgramGonzales, Desireah, RN# 8279138.3. Deferred Agreed OrderRice, Heather Dawn Stephens, LVN #215150


Move to approve the Agreed Orders of:8.1. Agreed OrdersAsumbrado, Jerry Macasil, RN# 741521Bliven, Edward Charles, RN# 811558Taylor, Kathy Jean, RN# 5732588.2. Agreed Order - KSTAR ProgramGonzales, Desireah, RN# 8279138.3. Deferred Agreed OrderRice, Heather Dawn Stephens, LVN#215150

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David E

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Saucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Beverley Nutall, Doris JJackson, Nina Almasy

Recused: Deborah Bell



Board Members Deborah Bell, Nina Almasyand Kathy Leader-Horn recused themselvesprior to the consideration and vote on thefollowing:8.7.1. Consideration of Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of Permanent CertificateAP#122816 & RN #867841, Issued toWAYNE RUSSELL ALONGI, SOAH DocketNo. 507-15-5349

Motion by Laura Disque, Second by FrancisStokes

Move to approve the proposed order andrevoke the Respondent's nursing licenses bydefault.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby,Beverley Nutall, Doris J Jackson

Recused: Deborah Bell, Nina Almasy, KathyLeader-Horn



Board Members Deborah Bell, Kathy Shippand Kathy Leader-Horn recused themselvesprior to the consideration and vote on thefollowing:8.7.8. Consideration of Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN#213567, Issued to CASEY MICHELLEDIAZ SOAH Docket No. 507-15-4803


Move to approve the proposed order andrevoke the Respondent's nursing license bydefault.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby,Beverley Nutall, Doris J Jackson, NinaAlmasy

Recused: Deborah Bell, Kathy Shipp, KathyLeader-Horn


Board Members Patti Clapp, Kathy Shipp and Kathy Leader-Horn recused themselvesprior to the consideration and vote on thefollowing:8.7.9. Consideration of Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN#111730, Issued to NORMA K.GONZALEZ, SOAH Docket No.507-15-5193.


Move to approve the proposed order andrevoke the Respondent’s nursing license bydefault.For Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Monica Hamby, Beverley Nutall,Doris J Jackson, Nina Almasy, Deborah Bell

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Recused: Patti Clapp, Kathy Shipp, KathyLeader-Horn


Consent AgendaItems

1.2.1. Update ofPending Litigationin the Matters of: Ex Parte BrianZalesky, Cause No.D-1-EX-09-000516,427th JudicialDistrict Court,Travis County,Texas;Rodney WayneHicks vs. TexasBoard of Nursing,and in their officialcapacities only,Katherine Thomas,Executive Director,and Kristin K.Benton, Presidentof the Board, CauseNo. Cause No.D-1-GN-12-003118,in the 353rd JudicialDistrict Court,Travis County,Texas;Stanley Payne,Plaintiff, vs. TexasBoard of NurseExaminers a/k/aTexas Board ofNursing, Defendant,Cause No.D-1-GN-12-003072,in the 126th JudicialDistrict Court,Travis County,Texas; Darlene Moriartyvs. Texas Board ofNursing, Cause No.D-1-GN-14-002410,In the 53rd DistrictCourt, TravisCounty, Texas; Davina DanielleMoore vs. TexasBoard of Nursing,D-1-GN-14-002109,

Approved on Consent.

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In the 126th DistrictCourt, TravisCounty, Texas; Rosemary Hall vs.Texas Board ofNursing, Cause No.429-01709-2015, Inthe District Court,Collin County,Texas; Rosemary Hall,BSN, RN v. TexasBoard of Nursingand State Office ofAdministrativeHearings, CauseNo.D-1-GN-15-002832,126th District Courtof Travis County;andAmy JeanetteBanda vs. TexasBoard of Nursing,Cause No.D-1-GN-15-005691;In the 98th JudicialDistrict, TravisCounty, Texas.

2.1. FinancialStatement - 1STQuarter, FiscalYear 2016


2.2. ContinuingEducationPre-Renewal AuditReport - 1STQuarter, FiscalYear 2016


3.1.1. PromotingCompetency Report


3.2.1. Status Reporton New NursingEducationPrograms andActive and PotentialProposals


3.2.2. Status Reporton Programs withSanctions


3.2.3. Report onCommunication


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Activities withNursing EducationPrograms

3.2.4. Report ofSurvey Visits 3.2.4.a. BaptistHealth SystemSchool of HealthProfessions in SanAntonio, Texas -Vocational NursingEducation Program


3.2.4.b. HoustonCommunity Collegein Houston, Texas -Vocational NursingEducation Program


3.2.4.c. McLennanCommunity Collegein Waco,Texas-VocationalNursingEducationalProgram


3.2.5. Report of2015 NCLEX-RN®Examination PassRates forProfessionalNursing EducationPrograms


3.2.6.Consideration ofChange in ApprovalStatus for NursingEducationPrograms fromInitial Approval,Initial Approval withWarning, FullApproval withWarning, andConditionalApproval to FullApproval

Board Member Doris Jackson recusedherself prior to the consideration and vote onthis agenda item.Approved on Consent.

3.2.7.Consideration ofChange in ApprovalStatus from InitialApproval to InitialApproval withWarning

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3.2.7.a. ITTTechnical Institutein Richardson,Texas - AssociateDegree NursingEducation Program


3.2.7.b. Universityof St. Thomas inHouston, Texas -BaccalaureateDegree NursingEducation Program


3.2.8.Consideration ofChange in ApprovalStatus from FullApproval to FullApproval withWarning 3.2.8.a. NortheastTexas CommunityCollege in Mt.Pleasant, Texas -Associate DegreeNursing EducationProgram


3.2.8.b. TexarkanaCollege inTexarkana, Texas -Associate DegreeNursing EducationProgram


3.2.8.c.ChamberlainCollege of Nursingin Houston, Texas -BaccalaureateDegree NursingEducation Program


3.2.8.d. PattyHanks SheltonSchool of Nursingin Abilene, Texas -BaccalaureateDegree NursingEducation Program


3.2.8.e. Universityof Texas HealthScience Center atSan Antonio, Texas- BaccalaureateDegree Nursing


158


Education Program

3.2.9. Report ofInnovative PilotProject Using theTexasConcept-BasedCurriculum in SixAssociate DegreeNursing EducationPrograms


3.2.10.Consideration ofSummary ofSelf-Study Reportsfor VocationalNursing EducationPrograms for 2015


3.2.11.Consideration ofNotification ofVoluntary Closingof a NursingEducation Program- Quest College inSan Antonio, Texas- VocationalNursing EducationProgram


4.1. CriminalBackground CheckUpdate


4.2. Report onEnforcement'sInitiative to AddressComplaint Backlog


5.1.1. Eligibility andDisciplinaryCommittee


5.1.2. QuarterlyStatistical Report -1ST Quarter, FiscalYear 2016


6.1. NurseLicensure CompactUpdate


6.2. Adoption ofAmendments to 22Tex. Admin. Code§223.1


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7.1.1. TPAPNQuarterly Report


7.1.2. Texas PeerAssistanceProgram for NursesThird Party ReferralReport


8. PROPOSEDBOARD ORDERS

8.1. AgreedOrders

The board voted to ratify the Agreed Orderson Consent with the following results:

Adams, Lucinda Nicole, LVN# 192257 Warning with Stipulations

Aguilar, Kamie Rae, RN# 772595 Warning with Stipulations

Ahamba, Ekelechi Gardenia, RN# 817042 Suspend/ Probate

Alexander Krystle Lynn, RN# 772928 Warning with Stipulations

Allen, Carrie Elaine, RN# 699395 Warning with Stipulations

Anderson, Michael E., RN# 521478 Reprimand with Stipulations

Asumbrado, Jerry Macasil, RN# 741521 Deborah Bell recused herself prior to theconsideration and vote on this Agreed Order.Limited License with Stipulations

Aycock, Matthew Clarke, RN# 825850 Warning with Stipulations

Barron, Sylvia, LVN# 306334 Reprimand with Stipulations

Baucom, Brenda Jean, LVN# 127113 Warning with Stipulations

Benefield-Wade, Judith Anne, RN# 861484 Reprimand with Stipulations

Berhane, Yordanos G., RN# 851368 Warning with Stipulations

Best, Ebony Delicia, RN# 835701 Warning with Stipulations

Billings, Kathryn Ann, RN# 849747 Warning with Stipulations

Bingham, Richard Noel, RN# 828534 Warning with Stipulations

Black, Antonia, RN# 626852 / LVN# 103095 Suspend/ Probate

Bliven, Edward Charles, RN# 811558 Deborah Bell recused herself prior to theconsideration and vote on this Agreed Order.Suspend/ Probate

Bryant, Leah Ann, RN# 795206 Warning with Stipulations

Buenrostro, Crystal Taniele, LVN# 179657 Reprimand with Stipulations

Churchman, Patti Matthews, RN# 443665 Warning with Stipulations

Claycomb, Sheila Kay, LVN# 193772 Reprimand with Stipulations

Cooper, Jamie Beck, RN# 728906 / LVN# Warning with Stipulations

160


187030

Crawford, Gina Marie, RN# 719470 Warning with Stipulations

Curby, Jana Lynn, RN# 605261 Warning with Stipulations

Curry, Erin Nicole, RN# 835038 Reprimand with Stipulations

Edwards, Courtney Elisabeth, RN# 853886 Warning with Stipulations

Edwards, Rosanna Lea, LVN# 130803 Reprimand with Stipulations

Ehr, Melissa Rae, RN# 704586 / LVN#185085

Warning with Stipulations

Fagan, Monica Lorenzo, RN# 722086 Warning with Stipulations

Felix, Brandilyn Kay, RN# 704760 Warning with Stipulations

Foltz, Kasi Maxine, LVN# 206395 Warning with Stipulations

Garcia, Brenda Jennifer, RN# 809889 Warning with Stipulations

Garrett Anna Carol, LVN# 150419 Warning with Stipulations

Gonzalez, Nathan Joe, LVN# 300338 Warning with Stipulations

Gore, Danny Ray, LVN# 190424 Warning with Stipulations

Granado, Rosemarie, RN# 606097 / LVN#97285


Harris, Cynthia Andrea, RN# 786757 Reprimand with Stipulations

Hawkins, Latonya Nicole, RN# 770158 /LVN# 149665


Hawthorne, Roslyn Denise, LVN# 146405 Warning with Stipulations

Hodgins, Cynthia Eileen, APRN# AP112439/ RN# 602731


Holt, Marguerite L., RN# 504971 Warning with Stipulations

Housh, Carla Rebecca, RN# 758622 / LVN#176214

Reprimand with Stipulations

Johnson, Rosie Lee, APRN#AP112117 /RN# 243922 / LVN# 52935


Johnson, Stacey Elizabeth, RN# 753394 Enforced Suspension

Jordan, LaChandra Nicole, LVN# 218697 Warning with Stipulations

Juarez, Priscilla, LVN# 305725 Warning with Stipulations

Kelly, Paula M., RN# 664373 Warning with Stipulations

Korn, Armanda V., LVN# 167218 Warning with Stipulations

Lemons, Susan M., RN# 512914 Enforced Suspension

Linhart, Brittney Leigh, RN# 838297 Warning with Stipulations

161


Markowitz, Dawn M., RN# 631517 Warning with Stipulations

Mathias, Monte Ruth, RN# 579828 Warning with Stipulations

McCoig, Stacy Lynn, RN# 718625 Warning with Stipulations

McKenzie, Dena Lynn, RN# 771852 Enforced Suspension

McNamara, Jennifer Lee, RN# 645759 Reprimand with Stipulations

Mendelson, Gina Lynn, RN# 581957/ LVN#135166


Minor, Elaine E., LVN# 100313 Suspend/ Probate

Mitchell, Lakeisha Denise, LVN# 193131 Reprimand with Stipulations

Montoya, Cristina Anel, LVN #210764 Warning with Stipulations

Moore, Mary Elaine, LVN# 303661 Warning with Stipulations

Mouratidis, Jesus Steve, LVN# 315266 Enforced Suspension

Mowrey, Patrick James, RN# 683724 Warning with Stipulations

Nnabuike, Fanny Egbe, RN# 797519/ LVN#191304


Obermeyer, Lisa Marie, RN# 775583 Warning with Stipulations

Okereke, Obinna Christ, RN# 800088/ LVN#214606


Prentice, Jennifer Sue, LVN# 224945 Reprimand with Stipulations

Radley, Jessica Anne, APRN# AP117496/ RN# 677695


Ray, Marcus N., RN# 735913 Reprimand with Stipulations

Risner, Elizabeth Ann, RN# 822602 Warning with Stipulations

Rossi, Daphne Elizabeth, RN# 814363 Warning with Stipulations

Rowland, Melissa, RN# 845794/ LVN#233082

Nina Almasy recused herself prior to theconsideration and vote on this Agreed Order.Warning with Stipulations

Ruiz, Carla Lugo, LVN# 312313 Warning with Stipulations

Saenz, Sylvia, RN# 845976 Reprimand with Stipulations

Sanchez, Michael Ray, RN# 724889 Warning with Stipulations

SanMiguel, Tony, RN# 846983/ LVN#307932


Saul, Tia Elaine, PTP NC RN#260153 Warning with Stipulations

Spencer, Marie Blakely, LVN# 215363 Reprimand with Stipulations

Stewart, Tamatha Delores, LVN# 192801 Reprimand with Stipulations

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Stough, Kristine M., RN# 730890 Reprimand with Stipulations

Sullivan, Theresa Ann, LVN# 172293 Warning with Stipulations

Taylor, Kathy Jean, RN# 573258 Deborah Bell recused herself prior to theconsideration and vote on this Agreed Order.Warning with Stipulations

Tellez, Ann Marie, LVN# 207589 Warning with Stipulations

Tellez, Luis Ruben, RN# 823730 / LVN#225400


Thomas, Mariamma, RN# 573882 / LVN#113568


Timalsina, Aastha, RN# 841297 Suspend/ Probate

Walters, Marie Michelle, RN# 620168 Suspend/ Probate

Weber, April Elizabeth, RN# 734747 Enforced Suspension

White, Betty Nell, RN# 242210 Reprimand with Stipulations

Wickware, Tasheina R., LVN# 215405 Enforced Suspension

Wiebelhaus, Pauline Alicia, LVN# 203608 Warning with Stipulations

Williams, Constance Nelson, RN# 649850 Warning with Stipulations

Williams, Reanee L., LVN# 198398 Warning with Stipulations

Young, Carleen Nichole, RN# 699915 Reprimand with Stipulations

8.2. AGREEDORDERS KSTARPROGRAM

Blades, Anthony Ray, RN# 567310 Warning with Stipulations

Gonzales, Desireah, RN# 827913 Deborah Bell recused herself prior to theconsideration and vote on this Agreed Order.Warning with Stipulations

Maldonado, Kimberly, RN# 767934 Warning with Stipulations

Salas, Sherri Anne, RN# 782031 Warning with Stipulations

8.3. DEFERREDAGREED ORDER

Rice, Heather Dawn Stephens, LVN# 215150 Deborah Bell recused herself prior to theconsideration and vote on this Agreed Order.Warning with Stipulations - Deferred

8.4.REINSTATEMENTAGREED ORDERS

Empet, Michele Darlene, RN# 680705 Reinstated with Stipulations

Kauffman, Roslyn Rene, RN# 533414 Reinstated with Stipulations

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Ortiz, Imelda, LVN# 189440 Reinstated with Stipulations

Payne, Ashley Emily, RN# 733480 Reinstated with Stipulations

Young, Deborah Lynn, LVN#198268 Reinstated with Stipulations

8.5 ELIGIBILITYAGREED ORDERS

Alvarado (Brown), Maribel, RN ExamPetitioner

Petition for Eligibility for Licensure

Brandt, Thomas Anthony, RN ExamPetitioner


Bridges, Christina Lynette, LVN/ RN ExamPetitioner


Cruz, Edel Giovanni, RN Exam Petitioner Petition for Eligibility for Licensure

Douglas, Amber Michelle, LVN ExamPetitioner


Holt, Frankie Leann, RN Exam Petitioner Petition for Eligibility for Licensure

Izuora, Victor Chukwunonso, RN ExamPetitioner


King, Sarah Ann, RN Exam Petitioner Petition for Eligibility for Licensure

Pinson, Latasha Shointaine, LVN ExamPetitioner


Smith, Jennifer Marie, RN Exam Petitioner Petition for Eligibility for Licensure

Stansberry, Zakiya Racquel, RNEndorsement Petitioner


Verrett (Hernandez), Elizabeth Ann, LVNExam Petitioner


Walkup, Sandra Dardy, LVN Exam Petitioner Petition for Eligibility for Licensure

Wharton, Lindsey Marie, RN Exam Petitioner Petition for Eligibility for Licensure

8.7. Default ALJProposals forDecision

8.7.1.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateAP#122816 & RN#867841, Issued toWAYNE RUSSELL

Board Members Deborah Bell, Nina Almasyand Kathy Leader-Horn recused themselvesprior to the consideration and vote on thisagenda item.Revoked by Default.

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ALONGI, SOAHDocket No.507-15-5349

8.7.2.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#224791, Issued toELIZABETHBARRAZA, SOAHDocket No.507-15-4702

Revoked by Default

8.7.4.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#30029, Issuedto KRISTENDANIELLEBLAKEMAN, SOAHDocket No.507-15-4017

Revoked by Default

8.7.5.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#845467, Issuedto KATHERINEBETH COMISKY,SOAH Docket No.507-15-4705

Revoked by Default

8.7.6.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanent

Revoked by Default

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CertificateRN#637947, Issuedto CHALONDACOTTON, SOAHDocket No.507-15-4708

8.7.7.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#166259,Issued toDEBORAH ANNDANIEL, SOAHDocket No.507-15-4712

Revoked by Default

8.7.8.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#213567,Issued to CASEYMICHELLE DIAZSOAH Docket No.507-15-4803

Board Members Deborah Bell, Kathy Shippand Kathy Leader-Horn recused themselvesprior to the consideration and vote on thisagenda item.Revoked by Default

8.7.9.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#111730,Issued to NORMAK. GONZALEZSOAH Docket No.507-15-5193

Board Members Patti Clapp, Kathy Shippand Kathy Leader-Horn recused themselvesprior to the consideration and vote on thisagenda item.Revoked by Default

8.7.10.Consideration ofOrder of Dismissaland Remand,Recommendations,

Revoked by Default

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and Board action: In the Matter ofPermanentCertificateLVN#89424, Issuedto GREGORYJAMES KEARNS,SOAH Docket No.507-15-5538

8.7.11.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#634508 &LVN#115907,Issued to DIANNEM. KNESEK, SOAHDocket No.507-15-4015

Revoked by Default

8.7.12.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#169234,Issued toBERNARDGEORGELECHLER , SOAHDocket No.507-15-2985

Revoked by Default

8.7.13.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#800457, Issuedto PAULA WEDELLYNN, SOAHDocket No.507-15-5171

Revoked by Default

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8.7.14.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#221315,Issued to CARLAANNMCCALLISTER,SOAH Docket No.507-15-5237

Revoked by Default

8.7.15.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#808860, Issuedto MARTIN NGUGINJOROGE, SOAHDocket No.507-15-4018

Revoked by Default

8.7.16.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#194768,Issued toKIMBERLIKRISTEN PATE,SOAH Docket No.507-15-5168

Revoked by Default

8.7.17.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#644049, Issuedto JOYCE

Revoked by Default

168


MISHELLE RICH,SOAH Docket No.507-15-4694

8.7.18.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#119702,Issued to REGINARENEESAUCEDO, SOAHDocket No.507-15-4716

Revoked by Default

8.7.19.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#210351,Issued toROSZANNE V.URIEGAS, SOAHDocket No.507-15-5172

Revoked by Default

8.7.20.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#230416,Issued to RAMONZUNIGA, SOAHDocket No.507-15-5150

Revoked by Default

1.ADMINISTRATION 1.1. ExecutiveDirector’s Report

Katherine Thomas reviewed her writtenreport to the board.

No action.

169


1.3. Strategic Planfor Fiscal Years2017-2021

Katherine Thomas and Mark Majekpresented information and history on thestrategic plan process for Fiscal Years 2017-2021.

Report was for informational purposes onlyno action.

3. NURSING 3.1. PRACTICE 3.1.2. Report onImplementation ofSB 1857, 82ndTexas Legislatureand the LVNOn-Call PilotProgram

Kristin Benton reported that the LVN On-CallPilot Program ended on September 1, 2015. A draft of the final legislative report of thepilot with recommendations is currently underreview at the Department of Aging andDisability Services. Board Staff will sendBoard Members the final copy, publish asummary in the April Board of NursingQuarterly Bulletin and on the Board website.

No action

3.1.3. Report onImplementation ofthe KnowledgeSkills TrainingAssessment andResearch (KSTAR)Pilot

Kristin Benton presented the Report onImplementation of the Knowledge SkillsTraining Assessment and Research (KSTAR)Pilot.


Move to direct Board Staff to offer up to eightKSTAR orders per month.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Deborah Bell, Beverley Nutall,Doris J Jackson, Nina Almasy



3.2. EDUCATION Consideration ofReports of SurveyVisits RequiringAction: 3.2.12.a. TheCollege of HealthCare Professions inHouston, Texas -Vocational NursingEducation Program

The Board considered the report of surveyvisit on The College of Health CareProfessions in Houston, Texas - VocationalNursing Education ProgramFreda Sowell, VN Program Director; WendyCockron, Director of ADN; and Terri Lowery,Campus President were present andavailable to answer questions.

Motion by Patti Clapp, Second by DianaFlores

Move to accept the report of the survey visitto The College of Health Care Professions inHouston, Texas and issue the following requirements/conditions and recommend-ation:Requirements/Conditions:1. The program shall develop clearly writtenpolicies to define faculty workload and todesign and fund ongoing faculty developmentto ensure that faculty are prepared for allteaching responsibilities. The ProgramDirector shall provide copies of these policiesto Board Staff no later than February 1, 2016.

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2. The Program Director and faculty shallreview and revise the clinical evaluation toolsto reflect progression of students' cognitive,affective, and psychomotor achievementsacross the clinical levels. Copies of therevised clinical evaluation tools shall besubmitted to Board Staff no later thanFebruary 1, 2016.3. The Program Director and faculty shallsubmit copies of faculty minutes to BoardStaff providing evidence that the faculty aremaking decisions based upon data in theTotal Program Evaluation Plan. These copiesshall be submitted no later than February 1,2016.

Recommendations:1. The faculty members are encouraged toreview the allocation of time for clinicallearning experiences to determine if moretime for student practice in the skills lab couldbe arranged. The program shall provide aresponse to this recommendation no laterthan March 1, 2016.2. The faculty members are encouraged toinclude a student representative in a reviewof all student policies to determine wherepolicies are not consistently enforced and toestablish a process for enforcement. Theprogram shall provide a response to thisrecommendation no later than March 1,2016.




3.2.13.Consideration ofChange in ApprovalStatus from InitialApproval withWarning toConditional Approval andConsideration ofReport of SurveyVisit

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3.2.13.a.SchreinerUniversity inKerrville, Texas -BaccalaureateDegree NursingEducation Program

The Board considered a Change in ApprovalStatus from Initial Approval with Warning toConditional Approval and the Report ofSurvey Visit of Schreiner University inKerrville, Texas - Baccalaureate DegreeNursing Education ProgramDiana Comuzzie, Dean, School of Sciences& Mathematics; Charlie McCormick, Provost;and Jane Cardea, RN, Interim Director werepresent and available to answer questions.


Move to change the approval status of theSchreiner University Baccalaureate DegreeNursing Education Program in Kerrville,Texas from Initial Approval with Warning toConditional Approval based upon the 2015NCLEX-® examination pass rate, findings inthe Self-Study Report, findings from thesurvey visit, and compliance with Rule 215;to accept the Survey Report of December3-4, 2015; and to impose the followingconditions/requirements:Requirements/Conditions:1. The program shall not enroll studentswhile on conditional approval status.2. The program will remain on conditionalapproval status until the programdemonstrates a pass rate for first-timecandidates of at least 80% on the 2016NCLEX-RN® examination. The NCLEX-RN®examination year is October 1, 2015 throughSeptember 30, 2016.3. The program must demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.

Recommendation:The Administration and Program Directorshould incorporate corrective measuresidentified in the action plan to the program inan effort to facilitate successful student andprogram outcomes. A response to thisrecommendation shall be provided to BoardStaff no later than June 1, 2016.




3.2.14.Consideration ofChange in ApprovalStatus from InitialApproval withWarning toConditionalApproval

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3.2.14.a. HallmarkUniversity MarthaFessler School ofNursing in SanAntonio, Texas -Associate DegreeNursing EducationProgram

The Board considered the proposed changein approval status for Hallmark UniversityMartha Fessler School of Nursing AssociateDegree Nursing (ADN) Education Program inSan Antonio, Texas, from Initial Approvalwith Warning to Conditional Approval basedupon the 2015 NCLEX-RN® examinationpass rate, findings in the 2015 Self-StudyReport, and compliance with Rule 215.Joe Fisher, Administrator; Darla Kenward,Dean of Academics; and GabrielOluwakatanmi, RN were present andavailable to answer questions.


Move to change the approval status for theHallmark University Martha Fessler School ofNursing Associate Degree Nursing EducationProgram in San Antonio, Texas from InitialApproval with Warning to ConditionalApproval based upon the 2015 NCLEX-RN®examination pass rate, findings in the 2015Self-Study Report, and compliance with Rule215 and to impose the followingconditions/requirements:Conditions/Requirements:1. The program shall not enroll studentswhile on conditional approval status.2. The program will remain on conditionalapproval status until the programdemonstrates a pass rate for first-timecandidates of at least 80% on the 2016NCLEX-RN® examination. The NCLEX-RN®examination year is October 1, 2015 throughSeptember 30, 2016.3. The program must demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.




3.2.15.Consideration ofChange in ApprovalStatus from FullApproval withWarning toConditionalApproval andConsideration ofReport of SurveyVisit 3.2.15.a. HoustonCommunity Collegein Houston, Texas -Associate DegreeNursing EducationProgram

The Board considered the proposed changein approval status for Houston CommunityCollege (HCC) Associate Degree Nursing(ADN) Education Program in Houston,Texas, from Full Approval with Warning toConditional based upon the 2015 NCLEX®examination pass rate, findings from the

Motion by Doris Jackson, Second by PattiClapp

Move to change the approval status of theHouston Community College AssociateDegree Nursing Education Program inHouston, Texas from Full Approval with

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2014 Self-Study Report, findings from theDecember 1-2, 2015 focused survey visit,and areas compliance with Board Rule 215.Phillip Nicotera, College President; KimberlyBeatty, Vice Chancellor, Chief AcademicOfficer; and Dr. Jolly Joseph, ProgramDirector were present and available toanswer questions.

Warning to Conditional Approval based uponthe 2015 NCLEX® examination pass rate,findings from the 2014 Self-Study Report,findings from the December 1-2, 2015focused survey visit, and compliance withRule 215; to accept the Survey Report ofDecember 1-2, 2015; and to impose thefollowing conditions and requirements:Conditions/Requirements:1. The program shall not enroll studentswhile on conditional approval status.2. The program will remain on conditionalapproval status until the programdemonstrates a pass rate for first-timecandidates of at least 80% on the 2016NCLEX-RN® examination. The NCLEX-RN®examination year is October 1, 2015 throughSeptember 30, 2016.3. The program must demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.4. The Administration shall ensure thatadequate faculty resources and equipmentare provided to promote student achievementof clinical objectives in clinical learningactivities. Optimally, this would result in theestablishment of a new position for a nurse toschedule and coordinate all clinical learningexperiences and to ensure that nursing labshave adequate equipment for skill practice.The Administration shall provide a responseto and a plan for this requirement to BoardStaff no later than April 1, 2016.

Recommendation:1. The Administration and Program Directorshould re-evaluate the time line for admissionof nursing students and make adjustments toallow ample time for processing the criminalbackground checks and make the bestselection of students. A response to thisrecommendation shall be provided to BoardStaff no later than April 1, 2016.




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3.2.16.Consideration ofChange in ApprovalStatus from FullApproval withWarning toConditionalApproval 3.2.16.a. TexasSouthmost Collegein Brownsville,Texas - AssociateDegree NursingEducation Program

The Board considered the proposed changein approval status for the Texas SouthmostCollege (TSC) Associate Degree Nursing(ADN) Education Program in Brownsville,Texas, from Full Approval with Warning toConditional Approval based upon the 2015NCLEX-RN® examination pass rate, findingsin the 2015 Self-Study Report, andcompliance with Rule 215.Jeffrey Gregor, Dean and Celia DeLaGarza,Program Director were present and availableto answer questions.

Motion by Allison Edwards, Second by DianaFlores

Move to change the approval status for theTexas Southmost College Associate DegreeNursing Education Program in Brownsville,Texas from Full Approval with Warning toConditional Approval based upon the 2015NCLEX-RN® examination pass rate, findingsin the 2015 Self-Study Report, andcompliance with Rule 215, and issue thefollowing conditions and requirements:Conditions/Requirements:1. The program shall not enroll studentswhile on conditional approval status.2. The program will remain on conditionalapproval status until the programdemonstrates a pass rate for first-timecandidates of at least 80% on the 2016NCLEX-RN® examination. The NCLEX-RN®examination year is October 1, 2015 throughSeptember 30, 2016.3. The program must demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.




3.2.16.b. WesternGovernorsUniversity in Austin,Texas -BaccalaureateDegree NursingEducation Program

The Board considered the proposed changein approval status for the Western Governors(WGU) Baccalaureate Degree Nursing (BSN)Education Program in Austin, Texas, from Full Approval with Warning to ConditionalApproval based upon the 2015 NCLEX-RN®examination pass rate, review of the 2015Nursing Education Program InformationSurvey, findings in the 2014 Self-StudyReport, and compliance with Rule 215.Cherie Lowell, RN, Director of Nursing andKimberly Kelly-Cortez, Assistant Director of

Motion by Allison Edwards, Second by DianaFlores

Move to change the approval status for theWestern Governors University BaccalaureateDegree Nursing Education Program inAustin, Texas from Full Approval withWarning to Conditional Approval based uponthe 2015 NCLEX-RN® examination passrate, review of the 2015 Nursing EducationProgram Information Survey, findings in the2014 Self-Study Report, and compliance with

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Nursing were present and available toanswer questions.

Rule 215, and impose the followingconditions and requirements:Conditions/Requirements:1. The program shall not enroll studentswhile on conditional approval status.2. The program will remain on conditionalapproval status until the programdemonstrates a pass rate for first-timecandidates of at least 80% on the 2016NCLEX-RN® examination. The NCLEX-RN®examination year is October 1, 2015 throughSeptember 30, 2016.3. The program must demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.




3.2.17. Report ofVocational NursingEducationPrograms with HighSchool EntryTracks

Virginia Ayars provided information to theBoard about the three (3) Texas VocationalNursing (VN) Education Programs housed incommunity colleges that presently offer highschool admission tracks.

No action.

5. COMMITTEEREPORTS 5.1. BoardCommittees

5.1.3.Development andEvaluation

Board Member Patti Clapp reviewed the listof past development and provided the topicsof proposed training for future meetings.Board President Kathy Shipp requested Staffcreate a chart of TPAPN Orders versusBoard Orders which hi-lights the differencesbetween the two orders/monitoring ratherthan having an actual presentation onTPAPN orders; President Shipp alsorequested that the Board’s fall developmentinclude training about the legislative process;President Shipp requested that the video ofthe presentation at the NCSBN Annualmeeting “Marijuana: A Prescription forTrouble?” by Doris C. Gundersen, MD, PC,Medical Director, Colorado Physician HealthProgram President, Federation of State

No action.

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Physician Health Programs Assistant ClinicalProfessor, Department of Psychiatry,University of Colorado, be shown at the Aprilboard meeting during the lunch break.Board Member Francis Stokes requested asummary or “fact sheet” be created ofRobert’s Rules of Order regarding properprocedural processes during open meetings.Board Member Beverley Nutall requested arefresher on Executive Sessions and/or onwhen the Board is allowed to go into anExecutive Session.Board Member David Saucedo requesteddirection/training on bringing up newbusiness that is not listed on the boardagenda.Dusty Johnston, General Counsel suggestedthat training on the State Office ofAdministrative Hearings procedures andprocesses should be scheduled for sometime in the near future for Board Members.

5.2. AdvisoryCommittees/TaskForces

5.2.1. AdvancedPractice NursingAdvisoryCommittee

No report. No action.

5.2.2. NursingPractice AdvisoryCommittee


5.2.4. AdvisoryCommittee onLicensure, Eligibilityand Discipline


5.2.5. Task Forceto StudyImplications of theGrowth of TexasNursing EducationPrograms


5.3. Collaborationwith OutsideAgencies /Stakeholders

5.3.1. StatewideHealth CoordinatingCouncil TexasCenter for Nursing

Katherine Thomas reported that a sub-committee has been appointed to conduct astudy on workplace violence against nursesin healthcare facilities as required by HB

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Workforce StudiesAdvisoryCommittee

2696, 84TH Legislature. Kristin Benton,Director of Nursing for the Board of Nursing,serves on this subcommittee.

5.3.2. UpdatesRelated to theTexas HigherEducationCoordinating Boardand the TexasWorkforceCommission

Kristin Benton reported the EducationConsultants met with representatives fromthe Texas Workforce Commission, the TexasHigher Education Coordinating Board, andthe Texas Education Association onNovember 9, 2015 in the Board Office. TheTexas Education Association is a newmember for this regular intra-agency group.Items discussed included a report on thecurrent status of dual credit high schoolprograms and suggested standards forevaluating distance education in nursingeducation. Board Staff provided updates oncurrent issues in nursing educationprograms. A next meeting will be scheduledin May 2016.

No action.

5.3.3. NationalCouncil of StateBoards of Nursing -Taxonomy of ErrorRoot CauseAnalysis of PracticeResponsibility(TERCAP)


5.3.3.a.Texas-Taxonomy ofError Root CauseAnalysis of PracticeResponsibility(TERCAP) Update

Denise Benbow provided a review andsummary of data from the Texas TERCAPPilot Program. The interim report providedinformation on data collected fromSeptember 2012 to September 2015. Thereport also included a summary of keyfindings, mid pilot observations and otherupdates since the last 2014 TERCAP PilotReport.

No action.

5.3.4. Texas TeamReport - RobertWood JohnsonInitiative

Katherine Thomas reported that although thePractice and Education Committees have notmet since the last board meeting, the RuralHealth Task Force has been established asa separate committee.

5.3.5. NationalCouncil of StateBoards of Nursing 5.3.5.a.Appointment ofBoard Members toAttend the NationalCouncil State

Board President Kathy Shipp discussedBoard Member and Staff attendance to theNCSBN Mid-Year Meeting to be held March14-16, 2016 in Baltimore, MD.President Shipp and Board Member Nina

No action.

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Boards of NursingMid-Year Meeting:March 14-16, 2016,Baltimore, MD

Almasy will attend the NCSBN Mid-Yearmeeting on NCSBN waiver.

OPEN FORUM: Marsha McKenna Feldmann, Manager andHealth Policy Manager, Sedasys and Dr.Mark Murphy, Anesthesiologist, Consultant,Sedasys.Ms. Feldmann and Dr. Murphy spokeregarding the Board of Nursing PositionStatement 15.8, pertaining to ModerateSedation to request that the AmericanSociety of Anesthesiologists guidancedocuments regarding Propofol be included asreference document with Board PositionStatement 15.8.

7. NEW BUSINESS 7.1. Texas PeerAssistanceProgram for Nurses(TPAPN) 7.1.3. Texas PeerAssistance programfor Nurses AdvisoryCommittee

Denise Benbow reported that the Texas PeerAssistance Program for Nurses (TPAPN)Advisory Committee met on December 4,2015. The TPAPN program hasapproximately 700 participants andapproximately 200 volunteer advocatesleading to an advocate shortage, especiallyin rural areas. The next Advisory Committeemeeting will be March 4, 2016.

No action.

7.6. Considerationof ProposedAmendments to 22Tex. Admin. Code§211.6

The Board considered the ProposedAmendments to 22 Tex. Admin. Code§211.6.

Motion by Deborah Bell, Second by KathyLeader-Horn

Move to approve the proposed amendmentsto 22 Tex. Admin. Code §211.6, pertaining toCommittees of the Board, with authority forthe General Counsel to make editorialchanges as necessary to clarify rule andBoard intent and to comply with theformatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,move to adopt the proposed amendments to22 Tex. Admin. Code §211.6, pertaining toCommittees of the Board, as proposed.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Deborah Bell, Beverley Nutall,

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Doris J Jackson, Nina Almasy





Motion by Allison Edwards, Second byDeborah Bell

Move to approve the proposed amendmentsto 22 Tex. Admin. Code §213.23, pertainingto Decision of the Board, with authority forthe General Counsel to make editorialchanges as necessary to clarify rule andBoard intent and to comply with theformatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,move to adopt the proposed amendments to22 Tex. Admin. Code §213.23, pertaining toDecision of the Board, as proposed.






Motion by Allison Edwards, Second by DavidSaucedo

Move to approve the proposed amendmentto 22 Tex. Admin. Code §213.32, pertainingto Corrective Action Proceedings andSchedule of Administrative Fines, as set outin Attachment "A", with authority for theGeneral Counsel to make editorial changesas necessary to clarify rule and Board intentand to comply with the formattingrequirements of the Texas Register. If nonegative comments and no request for apublic hearing are received, move to adoptthe proposed amendments to 22 Tex. Admin.Code §213.32, pertaining to CorrectiveAction Proceedings and Schedule ofAdministrative Fines, as proposed.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Deborah Bell, Beverley Nutall,

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Doris J Jackson, Nina Almasy



7.9. Review ofLegislativeChanges to PenalCode Section46.035 and NoticeRegarding UnlawfulCarrying of aHandgun at OpenMeetings

The Board considered the review ofLegislative Changes to Penal Code Section46.035 and Notice Regarding UnlawfulCarrying of a Handgun at Open Meetings


Move to approve the notices to be utilized atmeetings of the Board




7.10. Report onthe AttorneyGeneral 2015Government Lawand LiabilityConference

Jena Abel reported on the 2015 GovernmentLaw and Liability Conference held in SanMarcos. Several Board members were inattendance as well. Topics covered includeda legislative update; rulemaking; liability ofstate officials; an overview of SOAH; ultravires causes of action; the role of the attorneygeneral in the attorney-client relationship,and open meetings.

No action.

7.11.Consideration andDiscussion ofProposed Revisionsto the 2017NCLEX-PN® TestPlan for theNational CouncilLicensureExamination forPractical/VocationalNurses 7.11.1. ExecutiveSession pursuant toTex. Gov't CodeAnn. §551.088(Texas OpenMeetings Act) fordeliberation anddiscussion ofproposed revisionsto the 2017

The Board went into Executive Sessionpursuant to Tex. Gov't Code Ann. §551.088(Texas Open Meetings Act) for deliberationand discussion of proposed revisions to the2017 NCLEX-PN® Test Plan for the NationalCouncil Licensure Examination forPractical/Vocational Nurses.

No action.

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NCLEX-PN® TestPlan for theNational CouncilLicensureExamination forPractical/VocationalNurses

8. Proposed BoardOrders 8.6. ALJProposals forDecision 8.6.1.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#316924, Issued toADRIANALEJANDROARRIOLA, SOAHDocket No.507-15-4166 8.6.1.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#316924, Issued toADRIANALEJANDROARRIOLA, SOAHDocket No.507-15-4166

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #316924, Issued to ADRIANALEJANDRO ARRIOLA, SOAH Docket No.507-15-4166.

Board Members Patti Clapp, Beverley Nutalland Kathy Shipp recused themselves prior tothe consideration and vote on this agendaitem.

Motion by Diana Flores, Second by FrancisStokes

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedFinding of Fact Number 28, which is modifiedand adopted as set out in the proposedorder, and proposed Conclusion of Law 7,which is not adopted by the Board, but isre-designated as a recommendation, andimpose an Probated Suspension against theRespondent's license, followed byprobationary terms for three years.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Monica Hamby, KathyLeader-Horn, Deborah Bell, Doris J Jackson,Nina Almasy

Recused: Patti Clapp, Beverley Nutall andKathy Shipp


8.6.2.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #137239, Issued to TEDDY F. BLOOD,SOAH Docket No. 507-15-3982 .


Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification and impose aReprimand with Stipulations against theRespondent's license for a period of twoyears.

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#137239, Issued toTEDDY F. BLOOD,SOAH Docket No.507-15-3982 8.6.2.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#137239, Issued toTEDDY F. BLOOD,SOAH Docket No.507-15-3982




8.6.4.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#196633, Issued toBRADLEY ALANCHRISTIAN, SOAHDocket No.507-15-4398 8.6.4.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#196633, Issued toBRADLEY ALANCHRISTIAN, SOAHDocket No.507-15-4398

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #196633, Issued to BRADLEY ALANCHRISTIAN, SOAH Docket No.507-15-4398.


Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification and impose a Warningwith Stipulations against the Respondent'slicense for one year.




8.6.5.Consideration ofProposal ForDecision,Recommendations,and Board action:

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateRN #655846, Issued to TERESA DUTTA,SOAH Docket No. 507-15-3185.

Motion by Diana Flores, Second by DorisJackson

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposed

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In the Matter ofPermanentCertificate RN#655846, Issued toTERESA DUTTA,SOAH Docket No.507-15-3185 8.6.5.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#655846, Issued toTERESA DUTTA,SOAH Docket No.507-15-3185

Finding of Fact Number 1, which is modifiedand adopted as set out in the proposedorder, and proposed Conclusion of Law 9,which is not adopted by the Board, but isre-designated as a recommendation, andimpose an Enforced Suspension of theRespondent's license, followed byprobationary terms for two years.




8.6.7.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificateAP#108248 & RN#606699, Issued toDENNIS WILLIAMMARTIN, SOAHDocket No.507-15-2200 8.6.7.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateAP#108248 & RN#606699, Issued toDENNIS WILLIAMMARTIN, SOAHDocket No.507-15-2200

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateAP#108248 & RN #606699, Issued toDENNIS WILLIAM MARTIN, SOAH DocketNo. 507-15-2200.

Motion by Patti Clapp, Second by FrancesStokes

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, take no action againstthe Respondent's licenses, and dismiss theformal charges pending against theRespondent's licenses.




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8.6.8.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#796788, Issued toDONALD WAYNESPEAR, SOAHDocket No.507-15-3078

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateRN #796788, Issued to DONALD WAYNESPEAR, SOAH Docket No. 507-15-3078.


Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification and impose a Warningwith Stipulations against the Respondent'slicense for one year.




ADJOURNMENT Having completed this day’s business themeeting adjourned at 5:37 p.m.

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TEXAS BOARD OF NURSING

Regular MeetingFriday, January 22, 20168:41 am - 11:45 am333 Guadalupe, Tower II, Room 225Austin, Texas

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Deborah Hughes Bell, CLU, ChFC, Board Vice-President, Representing ConsumersNina Almasy, BSN, RN, MSN, Representing LVN EducationPatti Clapp, BA, Representing ConsumersLaura A. Disque, MN, RN, Representing RN Allison Porter-Edwards, DrPH, MS, RN, Representing BSN EducationDiana Rodriguez Flores, MN, RN, Representing RN PracticeMonica Hamby, LVN, Representing LVN PracticeDoris Jean Jackson, DHA, (ABD), MSN, RN, Representing ADN EducationKathy Leader-Horn, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN PracticeDavid Saucedo II, Representing ConsumersFrancis D. Stokes, Representing Consumers

Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsKristin Benton, Director of NursingJames “Dusty” Johnston, General Counsel Jena Abel, Assistant General CounselJohn Vanderford, Assistant General CounselStacey Cropley, Nursing ConsultantJan Hooper, Nursing ConsultantVirginia Ayars, Nursing ConsultantDenise Benbow, Nursing ConsultantLinda Laws, Nursing ConsultantSusan Lee, Nursing ConsultantJody McFarland, Nursing ConsultantKristen Sinay, Nursing ConsultantBeverley Skloss, Nursing ConsultantGayle Varnell, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistJeremy Bruker, Information TechnologyBill Ray, Information Technology

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CALL TO ORDER Kathy Shipp called the meeting to order at8:41 am, Friday January 22, 2016.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with all thirteen members inattendance.

5. COMMITTEEREPORTS 5.2. AdvisoryCommittee/TaskForces

5.2.3. AdvisoryCommittee onEducation

Kristin Benton presented information to theBoard regarding the Advisory Committee onEducation meetings.

No action.

7. NEW BUSINESS 7.2. Considerationof ProposedAmendments to 22Tex. Admin. Code§214.8


Motion by Patti Clapp, Second by KathyLeader-Horn

Move to approve proposed amendment to 22Tex. Admin. Code §214.8, pertaining toStudents, with authority for the GeneralCounsel to make editorial changes asnecessary to clarify rule and Board intent andto comply with the formatting requirements ofthe Texas Register. If no negative commentsand no request for a public hearing arereceived, move to adopt the proposedamendments to 22 Tex. Admin. Code§214.8, pertaining to Students, as proposed.






Motion by Deborah Bell, Second by DorisJackson

Move to approve proposed amendment to 22Tex. Admin. Code §215.8, pertaining toStudents, with authority for the GeneralCounsel to make editorial changes asnecessary to clarify rule and Board intent andto comply with the formatting requirements ofthe Texas Register. If no negative comments

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and no request for a public hearing arereceived, move to adopt the proposedamendments to 22 Tex. Admin. Code§215.8, pertaining to Students, as proposed.






Motion by Diana Flores, Second by MonicaHamby

Move to approve the proposed amendmentto 22 Tex. Admin. Code §214.6, pertaining toAdministration and Organization, withauthority for the General Counsel to makeeditorial changes as necessary to clarify ruleand Board intent and to comply with theformatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,move to adopt the proposed amendment to22 Tex. Admin. Code §214.6, pertaining toAdministration and Organization, asproposed.




7.12. Review ofPosition Statements 7.12.1. CurrentPosition Statementswithout Changes15.3 LVNsEngaging inIntravenousTherapy,Venipuncture, orPICC Lines15.4 EducationalMobility

The Board considered the Current PositionStatements without Changes.

Motion by Deborah Bell, Second by AllisonEdwards

Move to adopt the position statementswithout changes with allowance fornonsubstantive word editing for purposes ofclarity as may be deemed necessary byBoard staff.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David E

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15.6 Board RulesAssociated WithAlleged Patient"Abandonment"15.9 Performanceof Laser Therapy byRNs or LVNs15.10 ContinuingEducation:Limitations forExpanding Scopeof Practice15.11 DelegatedMedical Acts15.14 Duty of aNurse in anyPractice Setting15.15 Board'sJurisdiction over aNurse's Practice inAny Role and Useof the Nursing Title15.16 Developmentof NursingEducationPrograms15.17 Texas Boardof Nursing/Board ofPharmacy, JointPosition Statement,Medication Error15.18 NursesCarrying out Ordersfrom AdvancedPractice RegisteredNurses15.19 NursesCarrying out Ordersfrom Pharmacistsfor Drug TherapyManagement15.21 [Deleted01/2005]15.22 APRNsProviding MedicalAspects of Care forIndividuals withwhom there is aClose PersonalRelationship15.23 The Use ofComplementaryModalities by theLVN or RN15.24 NursesEngaging InReinsertion of

Saucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Deborah Bell, Beverley Nutall,Doris J Jackson, Nina Almasy



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PermanentlyPlaced FeedingTubes15.29 Use of SocialMedia by Nurses

7.12.2. CurrentPosition Statementswith Changes15.1 NursesCarrying out Ordersfrom PhysicianAssistants15.2 The Role ofthe LicensedVocational Nurse inthe Pronouncementof Death15.5 Nurses withResponsibility forInitiating PhysicianStanding Orders15.7 The Role ofLVNs & RNs inManagementand/orAdministration ofMedications viaEpidural orIntrathecal CatheterRoutes 15.8 Role of theNurse in ModerateSedation15.12 Use ofAmericanPsychiatricAssociationDiagnoses byLVNS, RNs, orAPRNs15.13 Role of LVNsand RNs in SchoolHealth15.20 RegisteredNurses in theManagement of anUnwitnessed Arrestin a Resident in aLong Term CareFacility15.25Administration ofMedication &Treatments byLVNs

The Board considered the Current PositionStatements with Changes.

Motion by Kathy Shipp, Second by AllisonEdwards

Move to adopt the position statements withchanges with allowance for non-substantiveword editing for purposes of clarity as may bedeemed necessary by Board staff. Delegateto Board Staff to review the Open Forumsuggested references to Position Statement15.8 and to add to Position Statement 15.8,if appropriate.

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Deborah Bell, Beverley Nutall,Doris J Jackson, Nina Almasy, Kathy Shipp


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15.27 The LicensedVocational NurseScope of Practice15.28 TheRegistered NurseScope of Practice

8. Proposed BoardOrders 8.5. EligibilityAgreed Orders

The Board discussed the Eligibility AgreedOrder of:

Green (Blaker, Dozier), Patti Pfeffer, LVNExam Petitioner

Board Member Deborah Bell recusedherself from the consideration and voteon this Board OrderMotion by Laura Disque, Second by DorisJackson

Move to approve the Eligibility Agreed Orderof Green (Blaker, Dozier), Patti Pfeffer, LVNExam Petitioner

For: Allison P Edwards, Laura A Disque,Francis D Stokes, Diana R Flores, David ESaucedo, Patti Clapp, Monica Hamby, KathyLeader-Horn, Beverley Nutall, Doris JJackson, Nina Almasy

Recuse: Deborah Bell



8.6. ALJProposals forDecision 8.6.3.Consideration ofProposal ForDecision,Recommendationsand Board action: In the Matter ofPermanentCertificate RN#593892, Issued toGERALD THOMASCAGLE, SOAHDocket No.507-15-2322 8.6.3.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,

The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateRN #593892, Issued to GERALD THOMASCAGLE, SOAH Docket No. 507-15-2322.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the board.

Motion by Patti Clapp, Second by FrancisStokes

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, including proposedFindings of Fact Numbers 40 and 41, as setout in the ALJ's final letter ruling of October15, 2015; revoke the Respondent's nursinglicense; and impose administrative costs inthe amount of $275.37.


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to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#593892, Issued toGERALD THOMASCAGLE, SOAHDocket No.507-15-2322



8.6.6.Consideration ofProposal ForDecision,Recommendationsand Board action: In the Matter ofPetition forDeclaratory OrderMade by: JAMILAJOHNSON, SOAHDocket No.507-15-4019,includingconsideration ofproposedsettlementagreement 8.6.6.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of Petitionfor DeclaratoryOrder Made by: JAMILAJOHNSON, SOAHDocket No.507-15-4019,includingconsideration ofproposedsettlementagreement

The Board convened in Executive Sessionpursuant to 551.071(1), Texas GovernmentCode, to discuss pending or contemplatedlitigation: In the Matter of Petition forDeclaratory Order Made by: JAMILAJOHNSON, SOAH Docket No. 507-15-4019,including consideration of proposedsettlement agreement

The Board reconvened in Open Meeting totake action in the Matter of Petition forDeclaratory Order Made by: JAMILAJOHNSON, SOAH Docket No. 507-15-4019,including consideration of proposedsettlement agreement.

Motion by Frances Stokes, Second by DorisJackson

Move to approve the proposed AgreedOrder.




9. Miscellaneous

9.1. Board Items ofInterest for FutureBoard Meetings

Board Members discussed items of interestfor future board meetings, the following itemswere discussed:

No action.

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Board Member David Saucedo would like tohave the fees programs are chargedreviewed in consideration for possiblyincreasing the fee;

Board Member Diana Flores requested thata review and comparison of what other statescharge for similar new programs becompleted and provided to the Board forconsideration;

Board President Kathy Shipp discussed thepotential for Board Members to attend aKSTAR facility tour.

9.2. BoardDevelopment: AnOverview ofRegulation ofPre-LicensureNursing EducationProgram Approvalin Texas

An overview of regulation of pre-licensurenursing education program approval in Texaswas presented by:Steve Rye, B.A., Southwest Texas StateUniversity Director of Career Schools andColleges;Donna Carlin, MSN, RN, Assistant Director, Texas Higher Education Coordinating Board;James Goeman, PhD, Assistant Director,Academic Quality, Texas WorkforceCommission; andCathie Maeyaert, JD, Special ProjectsDirector, Texas Workforce Commission

No action.

9.3. Review of theBoard QuarterlyMeeting Evaluation

The Board discussed the results of theOctober, 2015 quarterly board meetingevaluation.

No action.

ADJOURNMENT Having completed all business as listed onthe agenda, the meeting adjourned at 11:45a.m.

________________________________Kathy Shipp, MSN, RN, FNPBoard President

_________________________________Katherine A. Thomas, MN, RN, FAANExecutive Director

149 - Welcome to the Texas Board of Nursing Website · 153 AGENDA ITEM DISCUSSION ACTION Saucedo,...

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