365...365 TEXAS BOARD OF NURSING Regular Meeting Thursday, January 23, 2014 8:34 a.m. - 6:05 p.m....

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TEXAS BOARD OF NURSINGRegular Meeting

Thursday, January 23, 20148:34 a.m. - 6:05 p.m.333 Guadalupe, Tower II, Room 225Austin, Texas

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Nina Almasy, BSN, RN, MSN, Representing LVN EducationDeborah Hughes Bell, CLU, ChFC, Representing ConsumersPatti Clapp, BA, Representing ConsumersTamara Cowen, MSN, RN, Representing RN PracticeMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeMonica Hamby, LVN, Representing LVN PracticeJosefina Lujan, PhD, RN, Representing BSN EducationKathy Leader-Horn, LVN, Representing LVN PracticeMary LeBeck, MSN, RN, Representing ADN EducationBeverley Jean Nutall, LVN, Representing LVN Practice

Absent:Sheri Denise Crosby, JD, SPHR, Representing ConsumersShelby Ellzey, 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 CounselJan Hooper, Nursing ConsultantMelinda Hester, Nursing ConsultantVirginia Ayars, Nursing ConsultantSandi Emerson, Nursing ConsultantDenise Benbow, Nursing ConsultantBonnie Cone, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistLaura Lewis, Administrative AssistantJeremy Bruker, Information TechnologyBill Ray, Information Technology

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AGENDA ITEM DISCUSSION ACTION

CALL TO ORDER Kathy Shipp called the meeting to order at8:34 am, Thursday, January 23, 2014.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with eleven members inattendance, Board Members Shelby Ellzeyand Sheri Crosby were absent.

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

ACCEPTANCE OFAGENDA

The Board reviewed the agenda. The following item was removed from theagenda:

8.5.7. Docket No. 507-13-4108, In the Matterof Permanent Certificate RN #737971,Issued to DAVINA DANIELLE MOORE

The Agenda was approved.

ACCEPTANCE OF MINUTES

The Board reviewed the minutes from theOctober 16, 2013 Board Retreat.

The Board reviewed the minutes from theOctober 17-18, 2013 Board Meeting.

The Board approved the minutes from theOctober 16, 2013 Board Retreat.

The Board approved the minutes from theOctober 17-18, 2013 Board Meeting.

CONSENTAGENDA ITEMS

The Consent Agenda was reviewed, thefollowing item(s) were removed from theConsent Agenda:

7.1.1. Texas Peer Assistance Program forNurses Quarterly Report7.1.2. Texas Peer Assistance Program forNurses Third Party Referral Report

The following recusals were made:

8.1. Agreed OrdersDeborah Bell recused herself from theconsideration and vote on Agreed Orders of:Mary Alice Gallegos, RN #458879/LVN#43849;Nisha Jasmin Patel, RN #784480;Hollye Kristine Peel, LVN #194402;

8.2. Deferred Agreed OrdersDeborah Bell recused herself from theconsideration and vote on Deferred AgreedOrder of:Kelly Dawn Hendershott, RN #698223

The Consent Agenda was approved.

1.2.1. Update ofPending Litigationin the Matters of:

Approved on Consent.

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Rodney WayneHicks vs. TexasBoard of Nursing,and in their officialcapacities only,Katherine Thomas,Executive Director,and Kristin K.Benton, Presidentof the Board, Cause No.D-1-GN-12-003118,in the 353rd JudicialDistrict Court,Travis County,Texas; Valerie Green vs.Texas Board ofNurses, KatherineThomas, ExecutiveDirector, James W.Johnston, GeneralCounsel, andAnthony L. Diggs,DirectorEnforcement,Cause No.2013-07-0473, Inthe 2nd JudicialDistrict, CherokeeCounty, Texas; Jane Otieno vs.Texas Board ofNursing, Cause No.D-1-GN-13-002487,In the 201st DistrictCourt, TravisCounty, 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; BernardinoPedraza, Jr. vs.Texas State Boardof Nursing, CauseNo. C-2541-10-B;In the 93rd JudicialDistrict, Hidalgo

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County; Texas;Ex Parte BrianZalesky, Cause No.D-1-EX-09-000516,427th JudicialDistrict Court,Travis County,Texas.The BoardReserves the Rightto Convene inExecutive Session,if Necessary,Pursuant to§551.071(1), TexasGovernment Code,to Discuss Pendingor ContemplatedLitigation in theseMatters

2.1. FinancialStatement - 1STQuarter, FiscalYear 2014


2.2. ContinuingEducationPre-Renewal AuditReport - 1STQuarter, FiscalYear 2014


2.3. Report on theThird Annual Tourof Texas


3.2.1. Status Reporton New NursingEducationPrograms andActive and PotentialProposals


3.2.2. Status Reporton Programs withSanctions


3.2.3. Report onCommunicationActivities withNursing EducationPrograms


3.2.4. Notification ofHoward PayneUniversity JoiningPatty Hanks


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Shelton School ofNursing Consortiumin Abilene, Texas

3.2.5.Consideration ofChange in ApprovalStatus from Initial toFull Approval 3.2.5.a. AngeloState University inSan Angelo, Texas- BaccalaureateDegree NursingEducation Program


3.2.5.b.ChamberlainCollege in Houston,Texas -BaccalaureateDegree NursingEducation Program


3.2.5.c. SamHouston StateUniversity inHuntsville, Texas -BaccalaureateDegree NursingEducation Program


3.2.5.d. TexasState TechnicalCollege WestTexas inBrownwood, Texas- Associate DegreeNursing EducationProgram


3.2.6. Report ofSurvey Visits toNursing EducationPrograms 3.2.6.a. SouthTexas College inMcAllen, Texas -Associate DegreeNursing EducationProgram


3.2.6.b. TempleCollege in Temple,Texas - VocationalNursing EducationProgram


3.2.6.c. Temple Approved on Consent.

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College in Taylor,Texas - VocationalNursing EducationProgram

3.2.6.d. LamarState College inOrange, Texas -Vocational NursingEducation Program


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 2014


6.1. NurseLicensure CompactUpdate


6.2. Adoption ofRule Reviews for22 Tex. Admin.Code Chapter 227


8. PROPOSEDBOARD ORDERS 8.1. AGREEDORDERS

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

Adams, Kimberly Sue, RN# 709978/ LVN#124929

Suspend Probate

Alaeddin, Jacklin Z., LVN# 307735 Warning with Stipulations

Beaty, Kathy Elaine, LVN# 198048 Suspend Probate

Bennett, Jamesa Nicole, LVN# 223428/ RNExam Petitioner

Warning with Stipulations

Best, Valerie, RN# 536756 Reprimand with Stipulations

Borunda, Gabriela, LVN# 216272 Warning with Stipulations

Bowland, Kimberly Ann, RN# 758073/ LVN#192821


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Bowman, Cheryl A., RN# 627133 Suspend Probate

Burda, Sabrina Cantu, RN# 686670 Reprimand

Calderon, Mary Ann, LVN# 221781 Warning with Stipulations

Cardoza, Alberto, LVN# 143507 Warning

Combs, Kimberly Dawn, LVN# 315187 Warning with Stipulations

Cruz IV, Hernan Mendoza, RN# 776306 Suspend Probate

Daily, Geraldine Y., LVN# 48497 Suspend Probate

Dean, Leah Latasha, LVN# 205144 Warning with Stipulations

Doan, Linda Dawne, UT PTP RN# 373766-3102


Dondon, Rosemarie Pichon, RN# 731394 Warning with Stipulations

Edwards, Rosanna Lea, LVN# 130803 Warning with Stipulations

Fowler, Mardene Janae, RN# 816103 Warning with Stipulations

Gallegos, Mary Alice, RN# 458879/ LVN#43849

Board Member Deborah Bell recusedherself from the consideration and voteon this agreed order.Warning with Stipulations

Garcia, Bernarda Ana Garcia, LVN# 115320 Warning with Stipulations

Godawa, Lina Ann Pam, LVN# 196170 Warning with Stipulations

Gonzalez, Ana Luiza, LVN# 230810/ RNExam Petitioner

Reprimand with Stipulations

Griffing, Sarah Elizabeth, LVN# 202544 Enforced Suspension

Hartman, Holly Jane, RN# 774613 Warning with Stipulations

Hebert, Ruthie T., RN# 216521 Warning with Stipulations

Hernandez, Henry E., LVN# 222989 Suspend Probate

Hindsman (Burch), Stephanie Michelle, LVN# 215249

Suspend Probate

Jaganathan, Jiji, RN# 694364 Reprimand with Stipulations

Johnson, Robin Delores, LVN# 167534 Reprimand with Stipulations

Johnson, Kathie L., LVN# 103907 Warning with Stipulations

Katzmark, James Douglas, LVN# 177670 Warning with Stipulations

Knowles, Eric Ryan, RN# 671393 Suspend Probate

Kotara, Gloria Ann Vick, RN# 224003 Suspend Probate

Lemons, Khila M., RN# 630777 Warning with Stipulations

Lindbloom, Janis Bane, LVN# 150411 Reprimand with Stipulations

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Lopez, Bernice Grace, LVN# 159802 Warning with Stipulations

McNally, Elizabeth Kay, LVN# 173852 Warning with Stipulations

Mahon, Mark Edward, RN# 669485/ LVN#140296

Reprimand with Stipulations

Martinez, Bruno, LVN# 211807 Warning with Stipulations

Meeks, Sarah Ellyn, LVN# 166370 Suspend Probate

Miculob, Griffin Soledad, RN# 647714/ LVN#123315


Miller, Susan Aileen, RN# 713090, NursePractitioner, Acute Care, Adult


Navarro, Francisco, LVN# 215797 Reprimand with Stipulations

Nickell, Lori Renee, RN# 573862 Reprimand with Stipulations

Nwachukwu, Jayne, RN# 583817 Warning with Stipulations

Pagano, Christina E., RN# 450256, ClinicalNurse Specialist, Family Nurse Practitioner

Limited License

Paradysz, John Timothy, LVN# 198366 Warning with Stipulations

Patel, Nisha Jasmin, RN# 784480 Board Member Deborah Bell recusedherself from the consideration and voteon this agreed order.Warning with Stipulations

Peel, Hollye Kristine, LVN# 194402 Board Member Deborah Bell recusedherself from the consideration and voteon this agreed order.Warning with Stipulations

Perkins, E Denise, RN# 667925 Limited License

Pham, Christine Ngoc, RN# 635550 Warning with Stipulations

Phillips, Carolyn Marie, LVN# 182598 Suspend Probate

Porter, Caitlin Danielle, RN# 813072 Warning with Stipulations

Quick, Sharon Diane, RN# 605576 Warning with Stipulations

Ralls, Cara Eileen, RN# 773218 Warning with Stipulations

Ramirez, Erika, RN# 551811 Warning with Stipulations

Ramos, Madelene Recana, RN# 592077 Warning with Stipulations

Reinhart, Sara Marie, RN# 708587 Suspend Probate

Rodriguez, Belinda Garza, RN# 600957, Nurse Anesthetist

Suspend Probate

Sanders, Jessica Renee, RN# 716301/LVN# 193669


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Segun, Iyabo Sophia, RN# 760747 Warning with Stipulations

Sims, Rebecca Juel, RN# 708012 Warning with Stipulations

Smith, Michael Jonathan, RN# 732922 Reprimand with Stipulations

Smith, Terri Jo, LVN# 303019 Warning with Stipulations

Souter, Sarah H., RN# 505220 Limited License

Sulyman, Aminat Karatu, RN# 733389 Warning with Stipulations

Starkey, Sheri Crawford, RN# 571479/ LVN#130740


Stewart, Kimberly Michelle, RN# 765320 Suspend Probate

Taylor, Terri Deon, LVN# 178129 Warning with Stipulations

Thomas, Sedric Fitzgerald, LVN# 303485 Suspend Probate

Turner, Charlene Michelle, RN# 576436 Warning with Stipulations

Wait, Steven Richard, RN# 781975 Warning with Stipulations

Ward, Regina Weise, RN# 667659/ LVN#148974

Reprimand

Webb, Christopher Lee, LVN# 167294 Warning with Stipulations

Williams-Mattox, Sharon, RN# 663493,Family Nurse Practitioner with PrescriptiveAuthority

Suspend Probate

8.2. DEFERREDAGREED ORDERS

The Board voted to ratify the DeferredAgreed Orders on Consent with the followingresults:

Hendershott, Kelly Dawn, RN#698223 Board Member Deborah Bell recused herselffrom the consideration and vote on thisagreed order.Warning with Stipulation

White, Beckie L. RN#517363 Warning with Stipulations

8.3.REINSTATEMENTAGREED ORDERS

The Board voted to ratify the ReinstatementAgreed Orders on Consent with the followingresults:

Abbs, Jr., Dennis Ray, LVN# 191372 Reinstated with Stipulations

Apodaca, Laura Jill, RN# 614839 Reinstated with Stipulations

Chance, Brenda, LVN# 173567 Reinstated with Stipulations

Harraid, Jonathan Ross, RN# 678146 Reinstated with Stipulations

Lafrentz, Connie Sue, RN# 572537 Reinstated with Stipulations

Romero (Long), Shari Lynn, RN# 563325 Reinstated with Stipulations

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Tweedel, Nicolas James, RN# 755364/LVN# 206907

Reinstated with Stipulations

Wolfe (King), Kimberly Ann, LVN# 186477 Reinstated with Stipulations

8.4 ELIGIBILITYAGREED ORDERS

The Board voted to ratify the EligibilityAgreed Orders on Consent with the followingresults:

Alcala, Cynthia Aracely, LVN Petitioner Eligibility Order with Stipulations

Arreazola, Josie Cecilia, RN Petitioner Eligibility Order with Stipulations

Baldwin, Amera Renee, RN Petitioner Eligibility Order with Stipulations

Bruce (Garza), Pamela, LVN Petitioner Eligibility Order with Stipulations

Cantu, Leticia Ramirez, LVN Petitioner Eligibility Order with Stipulations

Champion, Atonya Rena, LVN Petitioner Eligibility Order with Stipulations

Cisneros (Lindsey), Angela, LVN Petitioner Eligibility Order with Stipulations

Doyeto (Highwalker), Kristen Lynn, LVNPetitioner

Eligibility Order with Stipulations

Durham, Michael A., RN Petitioner Eligibility Order with Stipulations

Espinal, Angelica Maria, RN Petitioner Eligibility Order with Stipulations

Harris, Miranda Ybanez, RN Petitioner Eligibility Order with Stipulations

Kaina (Javier), Anita, RN Petitioner Eligibility Order with Stipulations

Manzanares, Sunday Rosio, RN Petitioner Eligibility Order with Stipulations

Meeks, Aleshia D., LVN Petitioner Eligibility Order with Stipulations

Phan, Myhanh Thi, LVN Petitioner Eligibility Order with Stipulations

Reasoner, Deborah Mae, LVN Petitioner Eligibility Order with Stipulations

Rovira, Brittany Nicole, RN Petitioner Eligibility Order with Stipulations

Streeter, Bonni-Lee Georgette, LVNPetitioner


Taylor (Forney), Angela Marie, LVNPetitioner


Vara, Sonia Marie, LVN Petitioner Eligibility Order with Stipulations

Ward, Juanita Rochan, RN Petitioner Eligibility Order with Stipulations

Zamora, Dana Denise, RN Petitioner Eligibility Order with Stipulations

1.ADMINISTRATION 1.1. Executive Katherine Thomas reviewed her written No action.

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Director’s Report report to the board.

1.3. Strategic Planfor Fiscal Years2015-2019

Mark Majek and Katherine Thomas reportedthat the Legislative Budget Board is requiredby Section 2056 of the Government Code toguide, review, and finalize agency strategicplans. Staff anticipate that the instructionsfor the 2015-2019 Strategic Plan will bedistributed by March-April 2014 and the Planwill be due in June-July 2014.

The Board Liaisons for Strategic Planning areTamara Cowen and Patti Clapp. Because ofthe timing of release of instructions and theshort time frame for delivery of the Plan toState officials, the Board has historicallyapproved concepts related to policy andbudget requests for the Strategic Plan andallowed the Liaisons to actually review andcomment on the Plan before finalsubmission. At the January and Aprilmeetings, these concepts will be discussed.

No action.

3. NURSING 3.1. PRACTICE 3.1.1. PromotingCompetency Report

Bonnie Cone reviewed the PromotingCompetency Report with the Board.

No action.

3.1.2. Report onImplementation ofSB 1857, 82ND

Texas Legislatureand the LVN OnCall Pilot Program

Melinda Hester reported that data from theDADS mortality review reports and randomsampling of individual/patient records fromproviders who are participating in the LVNOn-Call Pilot Program are being reviewedand after reviewing the first 6 weeks of data,BON and DADS staff have identified severalconcerns to discuss with the advisorycommittee: Lack of documentation, Lack ofRN Supervision, and telephone messagesrelayed to LVNs. In the meantime, reviewand collection of data is continuing.

No action.

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

Melinda Hester reported that in October of2013, the Board approved a two-year pilotwith Texas A&M Health Sciences CenterCollege of Nursing and the Rural andCommunity Health Institute to offer theKSTAR program for nurses with practiceviolations that result in a disciplinary sanctionof a warning and below. Board members andagency staff toured the KSTAR facility on theTexas A&M Health Science Center Campusin Round Rock, Texas on January 22, 2014and watched a clinical simulation and

No action.

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coaching session. The KSTAR program wasnot awarded the NCSBN Center forRegulatory Excellence grant; however, Boardstaff will explore other grant opportunities thatmay exist in order to assist nurses with thefinancial aspect of the pilot. Staff plans todevelop rules as necessary to implement thepilot. In addition, staff are currently mappingout agency processes that will occur when anurse is referred to KSTAR.

3.2. EDUCATION 3.2.7. Report ofSurvey Visit to theArmy PracticalNurse ProgramPhase I at Fort SamHouston, Texas -Vocational NursingEducation Program

The Board considered the report of theAugust 6-7, 2013, routine six (6) - yearsurvey visit to the Army Practical NurseProgram at Fort Sam Houston, Texas.LTC Clyde Hill with the Army Practical NurseProgram was present and available toanswer questions.

The Board voted to accept the report offindings of the routine six (6) - year surveyvisit to the Army Practical Nurse Program atFort Sam Houston, Texas and issued two (2)recommendations:

Recommendation #1: It is recommended that the Army PracticalNurse Program Director establish a schedulefor visiting Phase II extension sites to assesscurriculum implementation consistency withthe main program site at Fort Sam Houston.A response to this recommendation is to besubmitted to Board staff by March 1, 2014.

Recommendation #2:It is recommended that the Phase II facultyand directors review clinical evaluation toolsto ensure that progression is clearlydemonstrated. A response to thisrecommendation is to be submitted to Boardstaff by March 1, 2014. The director of theArmy Practical Nurse Program met thisrecommendation on 12/23/13.

3.2.8. Report ofNCLEX-RN®Examination PassRates for 2013

The Board reviewed the Report on theNCLEX-RN® Examination Pass Rates for2013.

No action.

3.2.9.Consideration ofChange in ApprovalStatus from Full toFull with Warning -Hill College inHillsboro, Texas -Associate DegreeNursing EducationProgram

The Board considered a proposed change inthe program approval status of the HillCollege Associate Degree Nursing (ADN)Education Program in Hillsboro, Texas,based upon review of the 2013 NCLEX-RN®examination pass rate, the 2012 NursingEducation Program Information Survey(NEPIS), and Board Rule 215.Lori Moseley, MSN, RN, Director; Rex A.Parcells, MS, BS, Vice President ofInstruction; and Linda Johnson, DNP, MSN,RN, GNP were present and available to

The Board voted to change the approvalstatus of the Hill College Associate DegreeNursing Education Program in Hillsboro,Texas from full to full with warning andauthorize Board staff to conduct a surveyvisit.

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answer questions.

3.2.10.Consideration ofChange in ApprovalStatus from Fullwith Warning toConditionalApproval 3.2.10.a. LamarState College inOrange, Texas -Associate DegreeNursing EducationProgram

The Board considered a proposed change inthe approval status of Lamar State College -Orange (LSC-O), Upward Mobility AssociateDegree Nursing Education Program (ADN) inOrange, Texas based upon the review of the2013 NCLEX-RN® examination pass rate,the 2012 Nursing Education ProgramInformation Survey (NEPIS), and findingsfrom the November 9, 2013 survey visit.Leah Anne Mc Gee, was present andavailable to answer questions.

The Board voted to change the approvalstatus of the Lamar State College - Orange,Upward Mobility Associate Degree NursingEducation Program in Orange, Texas fromFull with Warning to Conditional and issueone requirement:

Requirement 1:The program may not enroll students whileon conditional status. The program willremain on conditional approval status untilthe program demonstrates a pass rate forfirst time candidates of at least 80% on the2014 NCLEX-RN® examination. TheNCLEX-RN® examination year is October 1,2013 through September 30, 2014.

3.2.10.b. MidlandCollege in Midland,Texas - AssociateDegree NursingEducation Program

The Board considered a proposed change inapproval status for the Midland CollegeAssociate Degree Nursing (ADN) EducationProgram in Midland, Texas, from Full withWarning to Conditional based upon the 2013NCLEX-RN® examination pass rate, reviewof the 2012 Nursing Education ProgramInformation Survey (NEPIS), and areas ofconcern identified in the 2012 Self-StudyReport.Steve Thomas, Ph.D., President; Robert L.Dent, DNP, MBA, RN, NEA-BC, CENP,FACHE, Dean of Health Sciences; andCarmen Edwards, MSN, RN were presentand available to answer questions.

The Board voted to change the approvalstatus for the Midland College AssociateDegree Nursing Education Program inMidland, Texas, from Full with Warning toConditional Approval and issued threerequirements:Requirement 1:The program may not enroll students whileon Conditional status;Requirement 2:The program will remain on ConditionalApproval status until, at a minimum, theprogram demonstrates a pass rate forfirst-time candidates of at least 80% on the2014 NCLEX-RN® examination and fullcompliance with Rule 215. The NCLEX-RN®examination year is October 1, 2013 throughSeptember 30, 2014; andRequirement 3:The program shall demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.

3.2.10.c. WaylandBaptist University inSan Antonio, Texas

The board considered a change in approvalstatus for Wayland Baptist University (WBU)Baccalaureate Degree Nursing (BSN)

The Board voted to change the approvalstatus for Wayland Baptist UniversityBaccalaureate Degree Nursing Education

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- BaccalaureateDegree NursingEducation Program

Education Program in San Antonio, Texas,from Full with Warning to Conditional basedupon the 2013 NCLEX-RN® examinationpass rate, review of the 2012 NursingEducation Program Information Survey(NEPIS), and areas of concern identified inthe April 2012 Self-Study Report.Diane C. Frazor, EdD, RN, CNE, Director;Bobby L. Hall, EdD, Executive Vice Presidentand Provost were present and available toanswer questions.

Program in San Antonio, Texas, from Fullwith Warning to Conditional Approval andissued three requirements:Requirement 1:The program may not enroll students whileon Conditional status.Requirement 2:The program will remain on ConditionalApproval status until, at a minimum, theprogram demonstrates a pass rate forfirst-time candidates of at least 80% on the2014 NCLEX-RN® examination and fullcompliance with Rule 215. The NCLEX-RN®examination year is October 2, 2013 throughSeptember 30, 2014.Requirement 3:The program shall demonstrate fullcompliance with Rule 215 prior toconsideration of a change in approval status.

3.2.11.Consideration ofWithdrawal ofApproval - LamarState College inPort Arthur, Texas -Associate DegreeNursing EducationProgram

The Board considered a change of status forLamar State College, Port Arthur AssociateDegree Nursing (LVN-RN) EducationProgram in Port Arthur, Texas, which hasbeen on conditional approval status sinceJanuary 2013, and Board Staffrecommendation based upon the 2013NCLEX-RN® examination pass rate, reviewof the 2012 Nursing Education ProgramInformation Survey (NEPIS), the self-studysummary and corrective actions, and thesurvey visits of November 9, 2012 and April22-23, 2013.Lisa Gongre, Ed D, RN, Coordinator; Dr.Gary Stretcher, Vice-President, AcademicAffairs; Dr. Nancy Cammack, Dean,Technical Programs; Dr. Ben Stafford,Director, Allied Health were present andavailable to answer questions.

The Board voted to withdraw the approval ofLamar State College, Port Arthur LVN-RNProgram in Port Arthur, Texas, and toremove the name of the program from the listof Board-approved professional nursingeducation programs following the teach-out.Further, move to impose four requirements:Requirement 1:Lamar State College - Port Arthur LVN-RNprogram shall make academic provisions forthe currently enrolled students to completethe nursing education program and teach-outarrangements that have been approved bythe appropriate agencies (i.e., TexasWorkforce Commission, Texas HigherEducation Coordinating Board, Texas Boardof Nursing), and submit the teach-out plan toBoard Staff no later than March 1, 2014. Requirement 2:Lamar State College - Port Arthur LVN-RNprogram shall make provisions for access toand safe storage of vital school records,including transcripts of all graduates. Plansfor the provisions for access to and storageof the records shall be submitted to BoardStaff by March 1, 2014.Requirement 3:Lamar State College - Port Arthur LVN-RNprogram shall develop a plan to be incompliance with Board requirements andstandards until the program closes, andsubmit the plan to Board Staff no later thanMarch 1, 2014.Requirement 4:Lamar State College - Port Arthur LVN-RNprogram shall develop a plan for transfer to

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an approved nursing education program anystudent who does not complete the programby the last established graduation date, andshall provide this plan to Board Staff no laterthan May 1, 2014.

5. COMMITTEEREPORTS 5.1. BoardCommittees 5.1.3.Development andEvaluation

Board Members Kathy Leader Horn and PattiClapp requested that the board memberssubmit ideas for future development to themvia email.

No action.

5.2. AdvisoryCommittees/TaskForces 5.2.1. AdvancedPractice NursingAdvisoryCommittee

No report.

5.2.2. NursingPractice AdvisoryCommittee

No report.

5.2.3. AdvisoryCommittee onEducation

No report.

5.2.4. AdvisoryCommittee onLicensure, Eligibilityand Discipline 5.2.4.a.Consideration ofAppointment ofReplacementMembers to theAdvisoryCommittee onLicensure, Eligibilityand Discipline

The Board considered the appointment ofCheryl Livengood, MSN, RN, and there-appointment of Betty Sims, MSN, RN,FRE to the Advisory Committee onLicensure, Eligibility, and Discipline(Committee).

Board Member Mary LeBeck recused herselfprior to the consideration and vote on thisagenda item.The Board voted to approve the appointmentof Ms. Livengood to the Advisory Committeeon Licensure, Eligibility, and Discipline as arepresentative of TOADN and re-appoint Ms.Sims to the Advisory Committee onLicensure, Eligibility, and Discipline as arepresentative of TAVNE, effectiveimmediately.

5.2.5. Task Forceon Delegation

No report.

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5.2.6. Task Forceto StudyImplications of theGrowth of TexasNursing EducationPrograms

Kristin Benton reported that a meeting washeld in November, 2013 to discuss thecharges issued to the committee by theboard. There are three future meetingsplanned with the first meeting scheduled forFebruary 7, 2014.

No action.

5.2.6.a.Consideration ofAppointment ofNew CommitteeMembers

The Board considered nominations for newcommittee members for the Task Force toStudy Implications of the Growth of TexasNursing Education Programs.

Board Member Nina Almasy recused herselfprior to the consideration and vote on thisagenda item.The Board voted to approve the followingnominations for membership in the TaskForce:Mary E. Mancini, PhD, RN, NE-BC, FAHA,ANEF, FAAN - Texas Team/BSN EducationJennifer Gray, PhD, RN - BSN Education,Alternate for Mary E. ManciniRebecca Zielinski, RN - Career Schools andCollegesSteve Rye - The Texas Workforce CenterPam Lauer, MPH - The Texas Center forNursing Workforce StudiesCindy Zolnierek, PhD, RN - Texas NursesAssociationShellie Withrow, MSN, RN - VocationalNursing EducationDayna Davidson, MSN, RN - AssociateDegree Nursing EducationCole Edmonson, DNP, RN, FACHE, NEA-BC- Nursing PracticeJessica Ruiz, MSN, RN - Nursing PracticeMaureen Polivka, JD, RN - Nursing Practice

5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.1. StatewideHealth CoordinatingCouncil TexasCenter for NursingWorkforce Studies AdvisoryCommittee

Katherine Thomas reported that thecommittee hasn’t met, the next meeting isscheduled for February, 2014.

No action.

5.3.2. UpdatesRelated to theTexas HigherEducationCoordinating Boardand the TexasWorkforce

No report.

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Commission

5.3.4. Texas TeamReport - RobertWood JohnsonInitiative

Katherine Thomas reported on leadershipchanges in the Texas Team including thatCole Edmonson is taking the head leadershipposition replacing Alexia Green who hasstepped down to take on other roles. Shereported on the activities of the practice andeducation committees. These committees arefocused on increasing the number of BSNprepared nurses in the workforce, increasingthe number of doctorally prepared nurses forfaculty practice, increasing the use ofinformation technology in nursing care,increasing minority representation of RN toBSN graduates, and focusing on new modelsof healthcare delivery.

OPEN FORUM: Kathy Shipp announced the format of theopen forum and invited participation from theaudience.

Cindy Zolnierek, RN, Executive DirectorTexas Nurses Association. Ms. Zolnierekwanted to introduce herself to the Board inher new position as Executive Director of theTexas Nurses Association.

Rebecca Zielinski, RN, Nurse Educator/StateAssociation, Career Colleges and Schools ofTexas. Ms. Zielinski requested that theBoard consider a the following proposedmodification to the Criminal BackgroundCheck process instructions: “6. Nursing programs who complete a thirdparty Criminal Background Check whichincludes resident history, county criminal \checks and a social security number verification prior to start of class and have nofindings, may start the DPS/FBI Backgroundcheck for new / accepted nursing students intheir first term of the nursing program.”The "Proposed language" simply allowsmore flexibility for programs, increased timefor programs to secure the highest qualifiedcandidates and an additional screeningprocess. Since it does require an additionalexpense, it would be an option for programsnot mandatory.

Lolly Lockhart, RN, Healthcare Consultant. Ms. Lockhart felt that the Board of Nursingwas an overall hostile environment fornurses. The Board of Nursing should bekinder to nurses. Ms. Lockhart feels that staff

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have left individuals hanging and have toldindividuals going through the eligibilityprocess not to contact the board/staff untilfour months has passed since the matter wasfiled with the board for review. She is awarethat the staff are overloaded but believes thatthere are ways to work better to speed up theprocesses. Ms. Lockhart further indicatedshe supports the board seeking self directedsemi-independent status so it can do a betterjob. Ms. Lockhart suggested that TexasNurses Association set up a committee toassist the board in its efforts of self directedsemi-independent status.

6. OLD BUSINESS 6.3. ProposedAdoption ofAmendments to 22Tex. Admin. CodeChapter 216,Pertaining toContinuingCompetency,Written CommentsReceived andBoard Responsesto Comments

The Board considered the ProposedAdoption of Amendments to 22 Tex. Admin.Code Chapter 216, Pertaining to ContinuingCompetency, Written Comments Receivedand Board Responses to Comments.

The Board voted to adopt the amendments to22 Tex. Admin. Code Chapter 216, pertainingto Continuing Competency, as proposed. Further, authorize Staff to publish thesummary and response to comments.

6.4. ProposedAdoption of New 22Tex. Admin. CodeChapter 228,Pertaining to PainManagement,Written CommentsReceived andBoard Responsesto Comments

The Board considered the ProposedAdoption of New 22 Tex. Admin. CodeChapter 228, Pertaining to PainManagement, Written Comments Receivedand Board Responses to Comments.

The Board voted to adopt new 22 Tex.Admin. Code Chapter 228, pertaining to PainManagement, as proposed. Further,authorize Staff to publish the summary andresponse to comments.

6.5. ProposedAdoption ofAmendments to 22Tex. Admin. CodeChapter 225,Pertaining to RNDelegation toUnlicensedPersonnel andTasks not RequiringDelegation inIndependent LivingEnvironments forClients with Stable

The Board considered the ProposedAdoption of Amendments to 22 Tex. Admin.Code Chapter 225, Pertaining to RNDelegation to Unlicensed Personnel andTasks not Requiring Delegation inIndependent Living Environments for Clientswith Stable and Predictable Conditions,Written Comments Received, and BoardResponses to Comments.

The Board voted to adopt the proposedamendments to 22 Tex. Admin. CodeChapter 225, pertaining to RN Delegation toUnlicensed Personnel and Tasks NotRequiring Delegation in Independent LivingEnvironments for Clients with Stable andPredictable Conditions, with changes. Further, authorize Staff to publish thesummary and response to comments.

383


and PredictableConditions, WrittenCommentsReceived, andBoard Responsesto Comments

7. NEW BUSINESS 7.1. Texas PeerAssistanceProgram forNurses (TPAPN) 7.1.1. Texas PeerAssistanceProgram for NursesQuarterly Report

The Board consider the Texas PeerAssistance Program for Nurses QuarterlyReport.Mike VanDoren, Director, Texas PeerAssistance Program was present andanswered questions.

No action.

7.1.2. Texas PeerAssistanceProgram for NursesThird Party ReferralReport

The Board consider the Texas PeerAssistance Program for Nurses Third PartyReferral Report.Mike VanDoren, Director, Texas PeerAssistance Program was present andanswered questions.

No action.

7.1.3. Texas PeerAssistanceProgram for NursesAdvisoryCommittee

No report.

7.6. Review ofPosition Statements 7.6.1. CurrentPosition Statementswithout Changes15.1 Nurses Carrying outOrders fromPhysician'sAssistants15.4Educational Mobility15.13Role of LVNs andRNs in SchoolHealth15.16Development ofNursing EducationPrograms15.17

The Board reviewed the position statementswithout changes.

The Board voted to adopt the positionstatements without changes with allowancefor non-substantive word editing for purposesof clarity as may be deemed necessary byBoard staff.

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Texas Board ofNursing/Board ofPharmacy, JointPosition Statement,Medication Error15.21[Deleted 01/2005]15.23The Use ofComplementaryModalities by theLVN or RN15.24 Nurses Engaging InReinsertion ofPermanentlyPlaced FeedingTubes15.25Administration ofMedication &Treatments byLVNs15.27The LicensedVocational NurseScope of Practice15.28 The RegisteredNurse Scope ofPractice

7.6.2. CurrentPosition Statementswith EditorialChanges15.3 LVNs Engaging inIntravenousTherapy,Venipuncture, orPICC Lines15.5 Nurses withResponsibility forInitiating PhysicianStanding Orders15.7 The Role of LVNs &RNs inManagementand/orAdministration ofMedications viaEpiduralorIntrathecal Catheter

The Board reviewed the position statementswith editorial changes.

The Board voted to adopt the positionstatements with editorial changes withallowance for non-substantive word editingfor purposes of clarity as may be deemednecessary by Board staff.

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Routes 15.9 Performance ofLaser Therapy byRNs or LVNs15.10 ContinuingEducation:Limitations forExpanding Scopeof Practice15.11 Delegated MedicalActs15.12 Use Of AmericanPsychiatricAssociationDiagnoses byLVNS, RNs, orAPRNs15.14 Duty of a Nurse inany Practice Setting15.19 Nurses Carrying outOrders fromPharmacists forDrug TherapyManagement15.20 Registered Nursesin the Managementof an UnwitnessedArrest in a Residentin a Long TermCare Facility15.26 Simulation inPrelicensureNursing Education15.29 Use of Social Mediaby Nurses

7.6.3. CurrentPosition Statementswith SubstantiveChanges15.2The Role of theLicensedVocational Nurse inthe Pronouncementof Death15.6

The Board reviewed the position statementswith substantive changes.

The Board voted to adopt the positionstatements with substantive changes withallowance for non-substantive word editingfor purposes of clarity as may be deemednecessary by Board staff.

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Board RulesAssociated WithAlleged Patient"Abandonment" 15.8Role of the Nurse inModerate Sedation15.15Board's JurisdictionOver a Nurse'sPractice in AnyRole and Use of theNursing Title15.18Nurses CarryingOut Orders FromAdvanced PracticeRegistered Nurses15.22APRNs ProvidingMedical Aspects ofCare forThemselves orOthers with WhomThere is a ClosePersonalRelationship

7.8. Report on theAttorney General2013 GovernmentLaw and LiabilityConference

Board Member Nina Almasy and GeneralCounsel James Johnston attended the 2013Government Law and Liability conference .Nina Almasy reported that the Board isfollowing criteria outlined in the conference. Nina Almasy also indicated that the Boardshould begin to develop Emergencyevacuation training/planning during boardmeetings.

No action.

8. Proposed BoardOrders 8.5.1. ALJProposals forDecision 8.5.1. Docket No.507-13-5208, In theMatter ofPermanentCertificate RN#818128, Issued toLAUREN ELISSABARGER 8.5.1.a.Consideration ofthe Administrative

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5208, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law without Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the Board.

Board Members Deborah Bell, Kathy Leaderhorn and Tamara Cowen recusedthemselves prior to the consideration andvote on this agenda item.The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and revoke theRespondent's license.

387


Law Judge'sProposal forDecision in DocketNo. 507-13-5208 8.5.1.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-5208,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.1.c.Consideration ofRecommendationby LAURENELISSA BARGER,Docket No.507-13-5208 8.5.1.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#818128, Issued toLAUREN ELISSABARGER 8.5.1.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#818128, Issued toLAUREN ELISSABARGER

8.5.2.Docket No.507-14-0185, In theMatter ofPermanent

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-14-0185, including Adoption of theProposal for Decision's Findings of Fact and

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, except forproposed Finding of Fact Number 1, whichwas modified and adopted and revoked the

388


Certificate RN#535393, Issued toJO ANN ALICEBENNETT 8.5.2.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-14-0185 8.5.2.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-14-0185,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.2.c.Consideration ofRecommendationby JO ANN ALICEBENNETT, DocketNo. 507-14-0185 8.5.2.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#535393, Issued toJO ANN ALICEBENNETT 8.5.2.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#535393, Issued toJO ANN ALICEBENNETT

Conclusions of Law with Modifications. Respondent's license.

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8.5.3. Docket No.507-13-2118, In theMatter ofPermanentCertificates RN#632449 and LVN#157268, Issued toJOHN M. CURBO 8.5.3.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-2118 8.5.3.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-2118,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.3.c.Consideration ofRecommendationby JOHN M.CURBO, DocketNo. 507-13-2118 8.5.3.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificates RN#632449 and LVN#157268, Issued toJOHN M. CURBO 8.5.3.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificates RN

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-2118, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law without Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the Board.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, includingamended Finding of Fact Number 7, as setout by the ALJ in his final letter ruling ofOctober 3, 2013, and enforce a suspensionof the Respondent's licenses for one year, tobe followed by a two year probationaryperiod, with probationary conditions.Enforced Suspension. SUSPENDED andsaid suspension is ENFORCED for a periodof twelve (12) months from the date thisOrder becomes final AND until theRESPONDENT completes the following tworequirements:(1) RESPONDENT SHALL pay a monetaryfine in the amount of four thousand ($4,000)dollars;(2) RESPONDENT SHALL pay anadministrative reimbursement in the amountof ten thousand three hundred ten ($10, 310)dollars.IT IS FURTHER ORDERED, that after twelve(12) months have elapsed from the date thisOrder becomes final AND upon verification ofsuccessful completion of the tworequirements set out in this Order, theSuspension will be STAYED, andRESPONDENT will be placed onPROBATION for two (2) years with thefollowing terms of probation:3) RESPONDENT SHALL comply in allrespects with the Nursing Practice Act,Texas Occupations Code, §§301.001 et seq.,the Rules and Regulations Relating to NurseEducation, Licensure and Practice, 22 Tex.Admin. Code §211.1 et seq. and this Order,including completion of a nurse refreshercourse if RESPONDENT has not practicednursing for four (4) years or more before thesuspension is stayed.(4) RESPONDENT SHALL pay allre-registration fees, if applicable, andRESPONDENT'S licensure status in theState of Texas will be updated to reflect theapplicable conditions outlined herein.(5) RESPONDENT SHALL, within one (1)year of the suspension being stayed,successfully complete a course in Texasnursing jurisprudence and ethics.(6) RESPONDENT SHALL, within one (1)year of the suspension being stayed,successfully complete the course "Professional Accountability ...," a 5.4 contacthour online program provided by the NationalCouncil of State Boards of Nursing (NCSBN)Learning Extension.

390


#632449 and LVN#157268, Issued toJOHN M. CURBO

(7) RESPONDENT SHALL, within one (1)year of the suspension being stayed,successfully complete the course "Sharpening Critical Thinking Skills," a 3.6contact hour online program provided by theNational Council of State Boards of Nursing(NCSBN) Learning Extension. IT IS FURTHER ORDERED, SHOULDRESPONDENT PRACTICE AS A NURSE INTHE STATE OF TEXAS, RESPONDENTWILL PROVIDE DIRECT PATIENT CAREAND PRACTICE IN A HOSPITAL, NURSINGHOME, OR OTHER CLINICAL SETTINGAND RESPONDENT MUST WORK INSUCH SETTING A MINIMUM OFSIXTY-FOUR (64) HOURS PER MONTHUNDER THE FOLLOWING PROBATIONCONDITIONS FOR TWO (2) YEAR(S) OFEMPLOYMENT. THE LENGTH OF THEPROBATION PERIOD WILL BE EXTENDEDUNTIL SUCH TWENTY FOUR (24)MONTHS HAVE ELAPSED. PERIODS OFUNEMPLOYMENT OR OF EMPLOYMENTTHAT DO NOT REQUIRE THE USE OF AREGISTERED NURSE (RN) OR AVOCATIONAL NURSE (LVN) LICENSE, ASAPPROPRIATE, WILL NOT APPLY TOTHIS STIPULATION PERIOD:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall havedirect supervision with employmentrestrictions for the first year of employmentas a nurse under this order; and Respondentshall have in-direct supervision withemployment restrictions for the remainder ofthe stipulation period.

8.5.4. Docket No.507-13-0936, In theMatter ofPermanentCertificate RN#771455, Issued toMELVETA VACHEHENRY 8.5.4.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-0936 8.5.4.b.Consideration of

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-0936, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Bill Hopkins, Attorney for Respondent waspresent and was given full opportunity toaddress the Board.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, includingamended Finding of Fact Number 12, as setout by the ALJ in her final letter ruling ofDecember 3, 2013, adopt new Finding ofFact Number 49, as set out in the proposedorder; and impose a Reprimand withStipulations against the Respondent'slicenses for two years, to include thestipulations set out in the proposed order, aswell as the imposition of administrative costs.Reprimand with Stipulations.Within one hundred eighty days of entry ofthis order Respondent shall pay anadministrative reimbursement in the amountof $2989.29. Within one year of entry of this

391


Staff'sRecommendationsfor Disposition ofDocket No.507-13-0936,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.4.c.Consideration ofRecommendationby MELVETAVACHE HENRY,Docket No.507-13-0936 8.5.4.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#771455, Issued toMELVETA VACHEHENRY 8.5.4.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#771455, Issued toMELVETA VACHEHENRY

order Respondent shall successfullycomplete a board approved course in nursingjurisprudence and ethics; a board approvedcourse in physical assessment; and a boarapproved course in sharpening criticalthinking skills.IT IS FURTHER ORDERED, SHOULDRESPONDENT PRACTICE AS A NURSE INTHE STATE OF TEXAS, RESPONDENTWILL PROVIDE DIRECT PATIENT CAREAND PRACTICE IN A HOSPITAL, NURSINGHOME, OR OTHER CLINICAL SETTINGAND RESPONDENT MUST WORK INSUCH SETTING A MINIMUM OFSIXTY-FOUR (64) HOURS PER MONTH UNDER THE FOLLOWING STIPULATIONSFOR TWO (2) YEAR(S) OF EMPLOYMENT. THE LENGTH OF THE STIPULATIONPERIOD WILL BE EXTENDED UNTIL SUCHTWENTY FOUR (24) MONTHS HAVEE L A P S E D . P E R I O D S O FUNEMPLOYMENT OR OF EMPLOYMENTTHAT DO NOT REQUIRE THE USE OF AREGISTERED NURSE (RN) OR AVOCATIONAL NURSE (LVN) LICENSE, ASAPPROPRIATE, WILL NOT APPLY TOTHIS STIPULATION PERIOD:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; and Respondent shallhave in-direct supervision with employmentrestrictions for the duration of the stipulationperiod.

8.5.5. Docket No.507-13-3450, In theMatter of Petitionfor DeclaratoryOrder, Made byLATONYA YVETTEJASPER 8.5.5.a.Consideration ofthe AdministrativeLaw Judge'sProposal for

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-3450, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the Board.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe amended PFD dated November 26,2013, without modification, except forConclusions of Law Numbers 10 and 15,which are not adopted, and deny thePetitioner's petition for declaratory order.

392


Decision in DocketNo. 507-13-3450 8.5.5.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-3450,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.5.c.Consideration ofRecommendationby LATONYAYVETTE JASPER,Docket No.507-13-3450 8.5.5.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of Petitionfor DeclaratoryOrder, Made byLATONYA YVETTEJASPER 8.5.5.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPetition forDeclaratory Order,Made by LATONYAYVETTE JASPER

8.5.9. Docket No.507-13-2237, In theMatter of NurseAnesthetist andPermanentCertificate RN#451103, Issued toJERRY ARNOLDRUYBALID 8.5.9.a.

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-2237, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law without Modifications.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, clarify theALJ's discussion and analysis regarding thepotential effect of the criminal offense of aViolation of a Protective Order; take no actionagainst the Respondent's nurse anesthetistand registered nursing licenses; and dismissthe formal charges pending against theRespondent's nurse anesthetist and

393


Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-2237 8.5.9.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-2237,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.9.c.Consideration ofRecommendationby JERRYARNOLDRUYBALID, DocketNo. 507-13-2237 8.5.9.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of NurseAnesthetist andPermanentCertificate RN#451103, Issued toJERRY ARNOLDRUYBALID 8.5.9.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter of NurseAnesthetist andPermanentCertificate RN#451103, Issued toJERRY ARNOLDRUYBALID

registered nursing licenses.

8.5.10. Docket No. The Board considered the Administrative Law The Board voted to adopt all of the proposed

394


507-13-5432, In theMatter ofPermanentCertificate LVN#214369, Issued toCHRISTINEDENISE WINDOM 8.5.10.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-5432 8.5.10.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-5432,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.10.c.Consideration ofRecommendationby CHRISTINEDENISE WINDOM,Docket No.507-13-54328.5.10.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#214369, Issued toCHRISTINEDENISE WINDOM 8.5.10.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN

Judge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5432, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law without Modifications.

Findings of Fact and Conclusions of Law inthe PFD without modification, includingamended Finding of Fact Number 8, as setout by the ALJ in her final letter ruling ofDecember 12, 2013, and impose RemedialEducation and a Fine against theRespondent's license.

395


#214369, Issued toCHRISTINEDENISE WINDOM

8.5.11.Docket No.507-13-5482, In theMatter of Petitionfor Reinstatementof PermanentCertificates RN#689911 and LVN#61309, Issued toKAYLENE RAESMITH 8.5.11.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-5482 8.5.11.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-5482,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.11.c.Consideration ofRecommendationby KAYLENE RAESMITH, Docket No.507-13-5482 8.5.11.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of Petitionfor Reinstatementof PermanentCertificates RN#689911 and LVN#61309, Issued toKAYLENE RAESMITH

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5482, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the Board.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, except forFinding of Fact Number 21 and Conclusionsof Law Numbers 5-7 and GrantReinstatement of Respondent’s license andimpose a board order against theRespondent's licenses for three years, toinclude the stipulations set out in theproposed order.Reinstated with Stipulations. Within one year of entry of this orderRespondent shall successfully complete aboard approved refresher course; a course innursing jurisprudence and ethics; a boardapproved course in nursing documentation;and a boar approved course in sharpeningcritical thinking skills.IT IS FURTHER ORDERED, SHOULDRESPONDENT PRACTICE AS A NURSE INTHE STATE OF TEXAS, RESPONDENTWILL PROVIDE DIRECT PATIENT CAREAND PRACTICE IN A HOSPITAL, NURSINGHOME, OR OTHER CLINICAL SETTINGAND RESPONDENT MUST WORK INSUCH SETTING A MINIMUM OFSIXTY-FOUR (64) HOURS PER MONTH UNDER THE FOLLOWING STIPULATIONSFOR THREE (3) YEAR(S) OFEMPLOYMENT. THE LENGTH OF THESTIPULATION PERIOD WILL BEEXTENDED UNTIL SUCH THIRTY SIX (36)MONTHS HAVE ELAPSED. PERIODS OFUNEMPLOYMENT OR OF EMPLOYMENTTHAT DO NOT REQUIRE THE USE OF AREGISTERED NURSE (RN) OR AVOCATIONAL NURSE (LVN) LICENSE, ASAPPROPRIATE, WILL NOT APPLY TOTHIS STIPULATION PERIOD:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall havedirect supervision with employmentrestrictions for the first year of employmentas a nurse under this order; and Respondentshall have in-direct supervision withemployment restrictions for the remainder ofthe stipulation period; Respondent shallcause her probation officer to submit writtenreports on forms provided to the Respondentby the Board. The reports shall indicate the

396


8.5.11.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPetition forReinstatement ofPermanentCertificates RN#689911 and LVN#61309, Issued toKAYLENE RAESMITH

RESPONDENT'S compliance with the courtordered probation. The reports shall befurnished each and every three (3) monthperiod until RESPONDENT is released fromprobation.

8.5.12. Docket No.507-13-5441, In theMatter ofPermanentCertificate RN#691782, Issued toROBERTMCMILLANWEEKS 8.5.12.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-5441 8.5.12.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-5441,Including Revokingthe RegisteredNursing License ofROBERTMCMILLANWEEKS by Default 8.5.12.c.Consideration ofRecommendationby ROBERTMCMILLANWEEKS, DocketNo. 507-13-5441 8.5.12.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5441, including Revoking theRegistered Nursing License of ROBERTMCMILLAN WEEKS by Default.

The Board voted to adopt the proposed orderand revoke the Respondent's nursing licenseby default.

397


to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#691782, Issued toROBERTMCMILLANWEEKS 8.5.12.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#691782, Issued toROBERTMCMILLANWEEKS

8.6. Default ALJProposals forDecision

8.6.1. Docket No.507-13-5848, In theMatter ofPermanentCertificate LVN#233660, Issued toASHLEY KAYADAMS 8.6.1.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, OrderDismissing Case 8.6.1.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#233660 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-5848 8.6.1.c.Consideration ofRecommendation

The Board considered the Administrative LawJudge's Order, Dismissing Case FromSOAH's Docket and Staff's Recommendationto Revoke Permanent Certificate RN#790317 by Default, in Conjunction with theAdministrative Law Judge's Order No. 2,Docket No. 507-13-4748.

Board Members Patti Clapp, Tamara Cowenand Kathy Leader Horn recused themselvesprior to the consideration and vote on thisproposal for decision.The Board voted to adopt the proposed orderand Revoke the Respondent's nursinglicense by default.

398


by ASHLEY KAYADAMS, DocketNo. 507-13-5848 8.6.1.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#233660, Issued toASHLEY KAYADAMS 8.6.1.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#233660, Issued toASHLEY KAYADAMS

8.6.2. Docket No.507-13-6074, In theMatter ofPermanentCertificate LVN#189842, Issued toARIES GONZALEZAVILA 8.6.2.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, OrderDismissing Case 8.6.2.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#189842 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-6074 8.6.2.c.

The Board considered the Administrative LawJudge's Order, Dismissing Case FromSOAH's Docket and Staff's Recommendationto Revoke Permanent Certificate LVN#189842 by Default, in Conjunction with theAdministrative Law Judge's Order No. 1,Docket No. 507-13-6074.


399


Consideration ofRecommendationby ARIESGONZALEZ AVILA,Docket No.507-13-6074 8.6.2.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#189842, Issued toARIES GONZALEZAVILA 8.6.2.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#189842, Issued toARIES GONZALEZAVILA

8.6.3. Docket No.507-14-0523, In theMatter ofPermanentCertificate RN#650709, Issued toERIKA L. BROWN 8.6.3.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, OrderDismissing Case 8.6.3.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#650709 byDefault, inConjunction withOrder No. 2, Docket


Board Members Deborah Bell, Kathy Shippand Beverley Nutall recused themselves priorto the consideration and vote on this agendaitem.The Board voted to adopt the proposed orderand revoke the Respondent's nursing licenseby default.

400


No. 507-14-0523 8.6.3.c.Consideration ofRecommendationby ERIKA L.BROWN, DocketNo. 507-14-0523 8.6.3.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#650709, Issued toERIKA L. BROWN 8.6.3.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#650709, Issued toERIKA L. BROWN

8.6.5. Docket No.507-13-3291, In theMatter ofPermanentCertificate RN#572026, Issued toGRETA B.GRIFFIN 8.6.5.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, DismissingCase 8.6.5.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#572026 byDefault, inConjunction withOrder No. 2, Docket


Board Members Patti Clapp, Kathy LeaderHorn and Tamara Cowen recusedthemselves prior to the consideration andvote on this agenda item.The Board voted to adopt the attachedproposed order and revoke the Respondent'snursing license by default.

401


No. 507-13-3291 8.6.5.c.Consideration ofRecommendationby GRETA B.GRIFFIN, DocketNo. 507-13-3291 8.6.5.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#572026, Issued toGRETA B.GRIFFIN 8.6.5.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#572026, Issued toGRETA B.GRIFFIN

8.6.6. Docket No.507-13-5905, In theMatter ofPermanentCertificates RN#723897 and LVN#184838, Issued toLINDSEY DEONGRISWOLD 8.6.6.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, DismissingCase 8.6.6.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#572026 by

The Board considered the Administrative LawJudge's Order, Dismissing Case FromSOAH's Docket and Staff's Recommendationto Revoke Permanent Certificates RN#723897 and LVN #184838 by Default, inConjunction with the Administrative LawJudge's Order No. 2, Docket No.507-13-5905.

Board Members Deborah Bell, BeverleyNutall and Tamara Cowen recusedthemselves prior to the consideration andvote on this agenda item.The Board voted to adopt the proposed orderand revoke the Respondent's nursinglicenses by default.

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Default, inConjunction withOrder No. 2, DocketNo. 507-13-5905 8.6.6.c.Consideration ofRecommendationby LINDSEY DEONGRISWOLD,Docket No.507-13-5905 8.6.6.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificates RN#723897 and LVN#184838, Issued toLINDSEY DEONGRISWOLD 8.6.6.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificates RN#723897 and LVN#184838, Issued toLINDSEY DEONGRISWOLD

8.6.7. Docket No.507-13-5752, In theMatter ofPermanentCertificate RN#516931, Issued toRONALD D.HAMILTON 8.6.7.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, DismissingCase 8.6.7.b.Consideration ofStaff's



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Recommendationto RevokePermanentCertificate RN#516931 byDefault, inConjunction withOrder No. 2, DocketNo. 507-13-5752 8.6.7.c.Consideration ofRecommendationby RONALD D.HAMILTON, DocketNo. 507-13-5752 8.6.7.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#516931, Issued toRONALD D.HAMILTON 8.6.7.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#516931, Issued toRONALD D.HAMILTON

8.6.8. Docket No.507-14-0212, In theMatter ofPermanentCertificate RN#640851, Issued toJENNIFERHARRIS 8.6.8.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, DismissingCase 8.6.8.b.


Board Members Deborah Bell, Kathy Shippand Beverley Nutall recused themselves priorto the consideration and vote on this agendaitem.The Board voted to adopt the proposed orderand revoke the Respondent's nursing licenseby default.

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Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#640851 byDefault, inConjunction withOrder No. 2, DocketNo. 507-14-0212 8.6.8.c.Consideration ofRecommendationby JENNIFERHARRIS, DocketNo. 507-14-0212 8.6.8.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#640851, Issued toJENNIFERHARRIS 8.6.8.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#640851, Issued toJENNIFERHARRIS

8.6.9. Docket No.507-14-0643, In theMatter ofPermanentCertificates RN#554788 and LVN#61553, Issued toDEBRA ANN(POLLARD)JAMMER 8.6.9.a.

The Board considered the Administrative LawJudge's Order, Dismissing Case FromSOAH's Docket and Staff's Recommendationto Revoke Permanent Certificates RN#554788 and LVN #61553 by Default, inConjunction with the Administrative LawJudge's Order No. 1, Docket No.507-14-0643.

The Board voted to adopt the proposed orderand revoke the Respondent's nursinglicenses by default.

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Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, DismissingCase 8.6.9.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#572026 byDefault, inConjunction withOrder No. 1, DocketNo. 507-14-0643 8.6.9.c.Consideration ofRecommendationby DEBRA ANN(POLLARD)JAMMER, DocketNo. 507-14-0643 8.6.9.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificates RN#554788 and LVN#61553, Issued toDEBRA ANN(POLLARD)JAMMER 8.6.9.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificates RN#554788 and LVN#61553, Issued toDEBRA ANN(POLLARD)JAMMER

8.6.10. Docket No.507-13-5480, In the

The Board considered the Administrative LawJudge's Order, Dismissing Case From

The Board voted to adopt the proposed orderand revoke the Respondent's nursing license

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Matter ofPermanentCertificate LVN#215631, Issued toSHERRIECHARISSELIPSETT 8.6.10.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, GrantingMotion to Dismisson Default Basis 8.6.10.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#215631 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-5480 8.6.10.c.Consideration ofRecommendationby SHERRIECHARISSELIPSETT, DocketNo. 507-13-5480 8.6.10.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#215631, Issued toSHERRIECHARISSELIPSETT 8.6.10.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#215631, Issued to

SOAH's Docket and Staff's Recommendationto Revoke Permanent Certificate LVN#215631 by Default, in Conjunction with theAdministrative Law Judge's Order No. 1,Docket No. 507-13-5480.

by default.

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SHERRIECHARISSELIPSETT

8.6.11. Docket No.507-14-0181, In theMatter ofPermanentCertificate RN #748685, Issued toLESLIE ANN LORE 8.6.11.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, DismissingCase 8.6.11.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#748685 byDefault, inConjunction withOrder No. 1, DocketNo. 507-14-0181 8.6.11.c.Consideration ofRecommendationby LESLIE ANNLORE, Docket No.507-14-0181 8.6.11.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#748685, Issued toLESLIE ANN LORE 8.6.11.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN



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#748685, Issued toLESLIE ANN LORE

8.6.12. Docket No.507-14-0188, In theMatter ofPermanentCertificate RN#689078, Issued toCANDRA CAYMOORE 8.6.12.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, OrderDismissing Case 8.6.12.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#748685 byDefault, inConjunction withOrder No. 1, DocketNo. 507-14-0188 8.6.12.c.Consideration ofRecommendationby CANDRA CAYMOORE, DocketNo. 507-14-0188 8.6.12.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#689078, Issued toCANDRA CAYMOORE 8.6.12.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanent



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Certificate RN#689078, Issued toCANDRA CAYMOORE

ADJOURNMENT Having completed this day’s business themeeting adjourned at 6:05 p.m.

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TEXAS BOARD OF NURSING

Regular Meeting

Friday, January 24, 20149:10 a.m. - 1:40 p.m.333 Guadalupe, Tower II, Room 225Austin, Texas

DUE TO INCLEMENT WEATHER THE MEETING STARTED LATE. SEVERAL ITEMS WEREREMOVED FROM THE AGENDA AND POSTPONED FOR CONSIDERATION AT THE APRIL,2014 BOARD MEETING.

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Deborah Hughes Bell, CLU, ChFC, Representing ConsumersPatti Clapp, BA, Representing ConsumersTami Cowen, MSN, RN, Representing RN PracticeMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeMonica Hamby, LVN, Representing LVN PracticeKathy Leader-Horn, LVN, Representing LVN PracticeMary LeBeck, MSN, RN, Representing ADN EducationBeverley Jean Nutall, LVN, Representing LVN Practice

Absent:Nina Almasy, BSN, RN, MSN, Representing LVN EducationSheri Denise Crosby, JD, SPHR, Representing ConsumersShelby Ellzey, Representing ConsumersJosefina Lujan, PhD, RN, Representing BSN Education

Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementJames “Dusty” Johnston, General Counsel Mark Majek, Director of OperationsKristin Benton, Director of NursingJeremy Bruker, Information Technology

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CALL TO ORDER Kathy Shipp called the meeting to order at9:10 am, Friday, January 24, 2014.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with nine members inattendance, Board Members Nina Almasy,Shelby Ellzey, Sheri Crosby and JosefinaLujan were absent.

5. COMMITTEEREPORTS 5.3. Collaborationw i t h O u t s i d eA g e n c i e s /Stakeholders

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

No report.

5.3.3.a. Texas-Taxonomy of ErrorRoot CauseAnalysis of PracticeResponsibilities(TERCAP) Update

Mary Beth Thomas, PhD, RN, and MariTietze, PhD, RN provided an update on theTexas - Taxonomy of Error Root CauseAnalysis of Practice Responsibilities(TERCAP).

No action.

5.3.5. NationalCouncil of StateBoards of Nursing 5.3.5.a.Appointment ofBoard Members toAttend the NationalCouncil StateBoards of NursingMid-Year Meeting:March 10-12, 2014,Kansas City, MO

The Board discussed board memberattendees at the National Council StateBoards of Nursing Mid-Year Meeting: March10-12, 2014, Kansas City, MO.

The Board voted that Kathy Shipp, BoardPresident and Kathy Leader-Horn, BoardMember would attend the NCSBN Mid-Yearmeeting. Tamara Cowen, Board Memberwas designated as the alternate in the eventthat Board President Shipp or Board MemberHorn were unable to attend.

7. NEW BUSINESS 7.2. Considerationof Proposed Repealof Chapter 227,Pertaining to PilotPrograms forInnovative

The Board considered the Proposed Repealof Chapter 227, Pertaining to Pilot Programsfor Innovative Applications to ProfessionalNursing Education, and Proposed NewChapter 227, Pertaining to Pilot Programs forInnovative Applications to Vocational and

The Board voted to approve the proposedrepeal of 22 Tex. Admin. Code Chapter 227,pertaining to Pilot Programs for InnovativeApplications to Professional NursingEducation, with authority for the GeneralCounsel to make editorial changes as

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Applications toProfessionalNursing Education,and Proposed NewChapter 227,Pertaining to PilotPrograms forInnovativeApplications toVocational andProfessionalNursing Education

Professional Nursing Education. necessary 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, adopt the proposed repeal of 22Tex. Admin. Code Chapter 227, pertaining toPilot Programs for Innovative Applications toProfessional Nursing Education, asproposed.Further, approve proposed new 22 Tex.Admin. Code Chapter 227, Pertaining to PilotPrograms for Innovative Applications toVocational and Professional NursingEducation, 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, adopt proposed new 22 Tex.Admin. Code Chapter 227, pertaining toPertaining to Pilot Programs for InnovativeApplications to Vocational and ProfessionalNursing Education, as proposed.

7.3. Considerationof Guidelines forRequests forExceptions toBoard Orders

The Board considered the proposedGuidelines for Requests for Exceptions toBoard Orders.

The Board voted to approve the Guidelinesfor Exceptions to Existing Board Orders.

7.4. Considerationof Report #2013-2on the EducationProgram ApprovalAudit by the InternalAuditor

The Board considered the Report #2013-2 onthe Education Program Approval Audit by theInternal Auditor.

The Board voted to accept the annualinternal audit report on the EducationApproval Process as prepared by Rupert &Associates.

7.5. Considerationof Petitioner GailStevenson'sRequest forException to Rule217.5(a)(1)

The Board considered Petitioner GailStevenson's Request for Exception to Rule217.5(a)(1).Gail Stevenson and Allan Stevensonappeared and were available for questions.

The Board voted to deny Gail Stevenson'sPetition for Exception to Board Rule217.5(a)(1) and eligibility for licensure byendorsement as a Registered Nurse in Texasbased on Ms. Stevenson's education failingto meet the rule requirement of graduationfrom an approved nursing education programfor Registered Nursing.

7.7. Review of thePrescriptiveAuthorityFrequently AskedQuestions asMandated by

The Board reviewed the PrescriptiveAuthority Frequently Asked Questions asMandated by Senate Bill 406.

No action.

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Senate Bill 406

8. Proposed BoardOrders 8.5.1. ALJProposals forDecision 8.5.6. Docket No.507-13-3289, In theMatter ofPermanentCertificate RN#821044, Issued toKRISTIN LYNNMASTERS 8.5.6.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-3289 8.5.6.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-3289,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.6.c.Consideration ofRecommendationby KRISTIN LYNNMASTERS, DocketNo. 507-13-3289 8.5.6.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#821044, Issued toKRISTIN LYNNMASTERS 8.5.6.e.

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-3289, including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Kristin Lynn Masters, Respondent waspresent and was given full opportunity toaddress the Board.

Board Members Patti Clapp, Kathy LeaderHorn and Tamara Cowen recusedthemselves prior to the discussion and voteon this agenda item.Due to the recusals and the members absentdue to the inclement weather, the board didnot have a quorum to consider and vote onthis agenda item.At the request of the Respondent, KristinLynn Masters, and with her permission,Board member Nina Almasy was contactedand participated in the consideration of thisagenda item via telephone conference.The consideration of this matter was delayedone hour for a posting to be submitted to theTexas Register of the board meeting viatelephone according to Texas GovernmentCode § 551.125. Notice of the telephonemeeting was posted on the door of themeeting room.The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, except forConclusion of Law Number 8, which is notadopted by the Board; clarify the ALJ'scomments regarding "potential for harm"; andsuspend the Respondent's license until shecan provide verifiable proof of sobriety fortwelve consecutive months, to be followed bya two year probationary period, to includeremedial education, employer notification(s),direct supervision for the first year, indirectsupervision for the second year, andquarterly random drug screening.

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Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#821044, Issued toKRISTIN LYNNMASTERS

8.5.8. Docket No.507-12-4027, In theMatter ofPermanentCertificate RN#614293, Issued toDARLENE M.MORIARTY 8.5.8.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-12-4027 8.5.8.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-12-4027,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.8.c.Consideration ofRecommendationby DARLENE M.MORIARTY,Docket No.507-12-4027 8.5.8.d. Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanent

This matter was removed from the agendaand held for consideration at the April boardmeeting.

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Certificate RN#614293, Issued toDARLENE M.MORIARTY 8.5.8.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#614293, Issued toDARLENE M.MORIARTY

8.6. Default ALJProposals forDecision 8.6.4. Docket No.507-13-3932, In theMatter ofPermanentCertificate LVN#213491, Issued toANDREA YVETTEFISHER 8.6.4.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, DismissingCase 8.6.4.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#213491 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-3932 8.6.4.c.Consideration ofRecommendationby ANDREAYVETTE FISHER,Docket No.507-13-3932 8.6.4.d. Executive Sessionpursuant to551.071(1), Texas


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Government Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#213491, Issued toANDREA YVETTEFISHER 8.6.4.e. Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#213491, Issued toANDREA YVETTEFISHER

8.6.13. Docket No.507-13-5846, In theMatter ofPermanentCertificate LVN#165363, Issued toCHRISTY LYNNRAYMOND 8.6.13.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, GrantingMotion to Dismisson Default Basis 8.6.13.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#165363 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-5846 8.6.13.c.Consideration ofRecommendationby CHRISTY LYNNRAYMOND, DocketNo. 507-13-5846 8.6.13.d.



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Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#165363, Issued toCHRISTY LYNNRAYMOND 8.6.13.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#165363, Issued toCHRISTY LYNNRAYMOND

8.6.14. Docket No.507-13-5475, In theMatter ofPermanentCertificate LVN#197819, Issued toKRISTI MICHELLESALINAS 8.6.14.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, GrantingMotion to Dismisson Default Basis 8.6.14.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#197819 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-5475 8.6.14.c.Consideration ofRecommendationby KRISTI



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MICHELLESALINAS, DocketNo. 507-13-5475 8.6.14.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#197819, Issued toKRISTI MICHELLESALINAS 8.6.14.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#197819, Issued toKRISTI MICHELLESALINAS

8.6.15. DocketNo. 507-13-5628, Inthe Matter ofPermanentCertificateRN#540392, Issuedto JULIANAARNOLD SOLIS 8.6.15.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1 8.6.15.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificateRN#540392 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-5628 8.6.15.c.Consideration of



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Recommendationby JULIANAARNOLD SOLIS,Docket No.507-13-5628 8.6.15.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#540392, Issuedto JULIANAARNOLD SOLIS 8.6.15.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#540392, Issuedto JULIANAARNOLD SOLIS

8.6.16. Docket No.507-13-5903, In theMatter ofPermanentCertificate RN#525699, Issued toTAMMY R.URETSKY 8.6.16.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, DismissingCase 8.6.16.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#525699, byDefault, inConjunction withOrder No. 2, Docket


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No. 507-13-5903 8.6.16.c.Consideration ofRecommendationby TAMMY R.URETSKY, DocketNo. 507-13-5903 8.6.16.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#525699, Issued toTAMMY R.URETSKY 8.6.16.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#525699, Issued toTAMMY R.URETSKY

8.6.17. Docket No.507-13-5845, In theMatter ofPermanentCertificateRN#577831, Issuedto REGINALOUISE VALENTIN 8.6.17.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, DismissingCase 8.6.17.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificateRN#577831 byDefault, in



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Conjunction withOrder No. 1, DocketNo. 507-13-5845 8.6.17.c.Consideration ofRecommendationby REGINALOUISEVALENTIN, DocketNo. 507-13-5845 8.6.17.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#577831, Issuedto REGINALOUISE VALENTIN 8.6.17.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#577831, Issuedto REGINALOUISE VALENTIN

8.6.18. Docket No.507-13-5902, In theMatter ofPermanentCertificate LVN#221161, Issued toJAMIE LEEWATSON 8.6.18.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 2, DismissingCase 8.6.18.b.Consideration ofStaff'sRecommendationto RevokePermanent


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Certificate LVN#221161 byDefault, inConjunction withOrder No. 2, DocketNo. 507-13-5902 8.6.18.c.Consideration ofRecommendationby JAMIE LEEWATSON, DocketNo. 507-13-5902 8.6.18.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#221161, Issued toJAMIE LEEWATSON 8.6.18.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#221161, Issued toJAMIE LEEWATSON

9.MISCELLANEOUS 9.1. Board Items ofInterest for FutureBoard Meetings

The Board discussed items of interest forfuture board meetings, the following itemswere requested:

The Board discussed placing the DefaultProposals for Decision on the Consentagenda for all future meetings.

T a m a r a C o w e n r e q u e s t e d a naudit/evaluation of TPAPN by participants;also comparison to other jurisdictionsprograms that are equivalent of the TPAPNprogram for completion rate and cost forparticipation.

Board Members were notified that new

The Board agreed to have the DefaultProposals for Decision placed on theConsent Agenda for all future meetings.

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software for the board meetings has beenpurchased and that training on the newsoftware would be in April prior to the boardmeeting.

9.2. BoardDevelopment:Presentation onHealthcare’sExpansion into theCommunity: Howwill Nursing Meetthe Challenge?

The board development presentation wasremoved from the agenda and held forpresentation at the April board meeting.

9.3. Review of theBoard QuarterlyMeeting Evaluation

The Board members discussed thecomments from the October, 2013 boardmeeting.

9.4. Appointment ofBoard Members forInformalConferences for2014

The Board discussed appointment of BoardMembers to observe Informal Conferences.

The following Board members indicated theywould observe Informal Conferences on thefollowing date(s):Monica Hamby - November 4, 2014Mary LeBeck - December 16, 2014

9.5. Appointment ofBoard Members toBON Committeesfor 2014

The Board discussed Appointment of BoardMembers to BON Committees for 2014.

The Board agreed on the following updatesto the committee membership:

Advisory Committee on EducationMary LeBeckJosefina LujanNina Almasy

Delegation Rules Task Force224 Acute Care - Deborah Bell

Growth in Nursing Education Task ForceMary LeBeckPatti Clapp (Alternate)

9.6. Considerationof Security forBoard Meetings

The Board considered having Security forBoard Meetings and Eligibility andDisciplinary Committee Meetings.

The Board voted to have Security for BoardMeetings and Eligibility and DisciplinaryCommittee Meetings.

ADJOURNMENT Having completed all business as listed onthe agenda, the meeting adjourned at 1:40

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p.m.

________________________________Kathy Shipp, MSN, RN, FNPBoard President

_________________________________Katherine A. Thomas, MN, RN, FAANExecutive Director

365...365 TEXAS BOARD OF NURSING Regular Meeting Thursday, January 23, 2014 8:34 a.m. - 6:05 p.m....

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Transcript of 365...365 TEXAS BOARD OF NURSING Regular Meeting Thursday, January 23, 2014 8:34 a.m. - 6:05 p.m....