October 2008 Agenda Item - July 2008 Minutes · 2009. 4. 9. · 435 AGENDA ITEM DISCUSSION ACTION...

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434 TEXAS BOARD OF NURSING Regular Meeting Thursday, July 17, 2008 8:40 a.m. - 4:53 p.m. 333 Guadalupe, Tower II, Room 225 Austin, Texas Present: Linda Rounds Deborah Bell Kristin K. Benton George Buchenau, Jr., present up to the lunch break Sheri Crosby Marilyn Davis Richard Robert Gibbs Rachel Gomez Brenda Jackson Beverley Nutall Staff present: Katherine A. Thomas, Executive Director Patricia Vianes-Cabrera, Executive Assistant Anthony Diggs, Director of Enforcement Mark Majek, Director of Operations James “Dusty” Johnston, General Counsel Victoria Cox, Assistant General Counsel John Legris, Assistant General Counsel Mary Beth Thomas, Director of Nursing Allison Hassinger, Administrative Assistant Jolene Zych, Nursing Consultant Virginia Ayars, Nursing Consultant Janice Hooper, Nursing Consultant Robbin Wilson, Nursing Consultant Carol Marshall, Nursing Consultant Dorothy Joy, Nursing Consultant Denise Benbow, Nursing Consultant Kim Williamson, Nursing Consultant Bruce Holter, Information Specialist Tawnya Smith, Information Technology Specialist Bill Ray, Information Technology Specialist

Transcript of October 2008 Agenda Item - July 2008 Minutes · 2009. 4. 9. · 435 AGENDA ITEM DISCUSSION ACTION...

  • 434

    TEXAS BOARD OF NURSING

    Regular Meeting

    Thursday, July 17, 20088:40 a.m. - 4:53 p.m.333 Guadalupe, Tower II, Room 225Austin, Texas

    Present:Linda RoundsDeborah BellKristin K. BentonGeorge Buchenau, Jr., present up to the lunch breakSheri CrosbyMarilyn DavisRichard Robert GibbsRachel GomezBrenda JacksonBeverley Nutall

    Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsJames “Dusty” Johnston, General Counsel Victoria Cox, Assistant General CounselJohn Legris, Assistant General CounselMary Beth Thomas, Director of NursingAllison Hassinger, Administrative AssistantJolene Zych, Nursing ConsultantVirginia Ayars, Nursing ConsultantJanice Hooper, Nursing ConsultantRobbin Wilson, Nursing ConsultantCarol Marshall, Nursing ConsultantDorothy Joy, Nursing ConsultantDenise Benbow, Nursing ConsultantKim Williamson, Nursing ConsultantBruce Holter, Information SpecialistTawnya Smith, Information Technology SpecialistBill Ray, Information Technology Specialist

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    AGENDA ITEM DISCUSSION ACTION

    CALL TO ORDER Linda Rounds called the meeting to orderat 8:40 a.m, Thursday, July 17, 2008.

    ROLL CALL Board Members Blanca Rosa Garcia, PattiClapp and Mary Jane Salgado wereabsent, all other members were present.A quorum was established.

    INTRODUCTIONS Board members and staff introducedthemselves to the audience.

    ACCEPTANCE OFAGENDA

    The Board reviewed the agenda. The Agenda was approved.

    ACCEPTANCE OF MINUTES

    The Board reviewed the minutes from theApril 17-18, 2008 Board meeting.

    The Board approved the minutes from theApril 17-18, 2008 Board meeting.

    CONSENTAGENDA ITEMS

    The Consent agenda was reviewed andapproved with the following changes:

    Agenda Item 2.1. Financial Statement -3RD Quarter, Fiscal Year 2008 wasremoved from the Consent Agenda.

    Agenda Item 3.2.3.b. Confirmation ofApproval Status Based on 2007 NCLEX-RN® Examination Pass Rates, Review of2007 Nursing Education ProgramInformation Survey (NEPIS) and 2007Compliance Audit of Nursing EducationProgram (CANEP), and Review of SelfStudy Galveston College in Galveston,Texas, Associate Degree NursingEducational Program was removed fromthe Consent Agenda.

    Agenda Item 3.2.3.c. Confirmation ofApproval Status Based on 2007 NCLEX-RN® Examination Pass Rates, Review of2007 Nursing Education ProgramInformation Survey (NEPIS) and 2007Compliance Audit of Nursing EducationProgram (CANEP), and Review of SelfStudy Lee College in Baytown, Texas,Associate Degree Nursing EducationalProgram was removed from the ConsentAgenda.

    Agenda Item 3.2.7. Petition for Waiver ofInterim Director Qualifications - East Texas

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    AGENDA ITEM DISCUSSION ACTION

    Baptist University in Marshall, Texas,Baccalaureate Degree Nursing EducationalProgram was removed from the ConsentAgenda.

    Agenda Item 3.2.8. Petition for Extensionof Waiver of Director Qualifications -Texas A&M International University inLaredo, Texas, Canseco School of Nursing,Baccalaureate Degree Nursing EducationalProgram was removed from the ConsentAgenda.

    Kristin K. Benton recused herself from theconsideration and vote on Item 3.2.1.b.Austin Community College, Austin, Texas.

    The following Order was removed from theConsent Agenda:8.2. Agreed OrdersEliodoro Mendoza Rimando, RN #712003

    Brenda Jackson recused herself from theconsideration and vote on Item 8.2.Agreed Order of:Charlotte M.G. Drone, RN #429086

    Deborah Bell recused herself from theconsideration and vote on Item 8.2.Agreed Orders of:Brenda A. Larkins, RN #221060Freida Ruth Maas, RN #583399/LVN#70935

    2.2. ContinuingEducation Pre-Renewal AuditReport/ 3RD

    Quarter, FiscalYear 2008

    Approved on Consent.

    3.1.1. WorkshopReport

    Approved on Consent.

    3.2.1.Confirmation ofApproval StatusBased on 2007

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    AGENDA ITEM DISCUSSION ACTION

    NCLEX-PN®Examination PassRates and Reviewof 2007 NursingEducation ProgramInformation Survey(NEPIS) and 2007Compliance Auditof NursingEducation Program(CANEP) 3.2.1.a. FullApproval withCommendationAlvin CommunityCollege in Alvin,Texas Amarillo College inAmarillo, TexasAnamarcEducationalInstitute in ElPaso, Texas Angelina College inLufkin, Texas -MEEP Angelina College inLufkin, Texas Army PracticalNurse Course atFt. Sam Houston,Texas Blinn College inBrenham, Texas Blinn College inBryan, Texas BrazosportCommunityCollege in LakeJackson, Texas Childress RegionalMedical Center inChildress, TexasCoastal BendCollege in Beeville,TexasCollege of theMainland in TexasCity, TexasDallas NursingInstitute in Dallas,Texas

    The Board considered the 2007 NCLEX-PNExamination rates and review of 2007NEPIS and 2007 CANEP.

    The Board voted to continue full approvalfor the vocational nursing educationprograms l isted, including thecommendations suggested by staff.

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    AGENDA ITEM DISCUSSION ACTION

    Frank PhillipsCollege in Borger,TexasGrayson CountyCollege in VanAlstyne, TexasHoustonCommunityCollege System inHouston, TexasHoward College inBig Spring, TexasHoward College inSan Angelo, TexasJoe G. Davis inHuntsville, TexasKilgore College inLongview, TexasLamar StateCollege in Orange,TexasLee College inBaytown, TexasLone Star College -Cy-Fair in Cypress,TexasLone Star College -Kingwood inKingwood, TexasLone Star College -North Harris inHouston, Texas -MEEPLone Star College -Tomball inTomball, TexasMcLennanCommunityCollege in Waco,Texas - MEEPMidland College inFt. Stockton,TexasNavarro College inCorsicana, TexasNavarro College atEllis County inMidlothian, TexasNavarro College inMexia, TexasNorth CentralTexas College in

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    AGENDA ITEM DISCUSSION ACTION

    Gainesville, TexasNortheast TexasCommunityCollege in Mt.Pleasant, TexasOdessa College inAndrews, TexasOdessa College atMonahans inOdessa, TexasParis JuniorCollege in Paris,Texas - TraditionalSan JacintoCollege North inHouston, TexasSouth PlainsCollege inLevelland, TexasSouth PlainsCollege inPlainview, TexasSouth PlainsCollege at ReeseCenter in Lubbock,TexasSouth TexasCollege inMcAllen, Texas -DaySouth TexasCollege inMcAllen, Texas -Part Time/EveningSouth TexasCollege inWeslaco, TexasSt. Philip’s Collegein Seguin, TexasSul RossUniversity inAlpine, TexasTemple College inTemple, TexasTexarkana Collegein Texarkana,TexasTrinity ValleyCommunityCollege inKaufman, TexasTrinity Valley

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    AGENDA ITEM DISCUSSION ACTION

    CommunityCollege inPalestine, TexasTyler JuniorCollege in Tyler,TexasUniversity ofTexas atBrownsville &Texas SouthmostCollege inBrownsville, TexasValley BaptistMedical Center inHarlingen, TexasVernon College inWichita Falls,TexasWeatherfordCollege inWeatherford,TexasWharton CountyJunior College inWharton, Texas

    3.2.1.b. Full Approval withNoRecommendationsand NoRequirementsAustin CommunityCollege in Austin,TexasCentral TexasCollege in Brady,TexasCentral TexasCollege in Killeen,TexasCisco JuniorCollege in Abilene,TexasConcorde CareerInstitute inArlington, TexasEl Centro Collegein Dallas, TexasEl PasoCommunityCollege in El Paso,

    The Board considered the 2007 NCLEX-PN® examination pass rates and review of2007 NEPIS and 2007 CANEP.

    Kristin K. Benton recused herself prior tothe Consideration and Vote on AustinCommunity College in Austin, Texas.The board voted to continue full approvalfor the vocational nursing educationprograms listed.

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    AGENDA ITEM DISCUSSION ACTION

    Texas - MEEPEl PasoCommunityCollege at MissionDel Paso in ElPaso, TexasGalen HealthInstitute in SanAntonio, TexasGalveston Collegein Galveston,TexasHill College inHillsboro, TexasLaredo CommunityCollege in Laredo,TexasMcLennanCommunityCollege in Waco,Texas - TraditionalMidland College inMidland, Texas -DayPlatt HealthCareers Training inDallas, TexasSan JacintoCollege South inHouston, TexasSchreinerUniversity inKerrville, TexasSouth TexasCollege in RioGrande City,TexasSouthwest TexasJunior College atUvaldeSt. Philip’s Collegeat San AntonioTemple College inTaylor, TexasTexas Careers,Incorporated, SanAntonio, TexasVictoria College,Victoria, TexasWestern TexasCollege, Snyder,Texas

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    AGENDA ITEM DISCUSSION ACTION

    3.2.2.Continuation ofApproval StatusBased on Reviewof Status Report 3.2.2.a. AmericanMedical Institute inHouston, Texas,Vocational NursingEducationalProgram

    The Board considered the review of thestatus report.

    The board voted to continue initialapproval for the vocational nursingeducational program listed with norecommendations and no requirements tobe met.

    3.2.2.b. St.Michael’s Schoolof Nursing andTechnology inWeslaco, Texas,Vocational NursingEducationalProgram

    The board considered the review of thestatus report.

    The board voted to continue initialapproval for the vocational nursingeducational program listed with norecommendations and no requirements tobe met.

    3.2.2.c. TexasA&M InternationalUniversity inLaredo, Texas,Family NursePractitionerProgram

    The board considered the review of thestatus report.

    The board voted to continue full approvalfor the advanced practice nursingeducational program listed with norecommendations and no requirements assuggested by staff.Texas A&M International University inLaredo, Texas, Family Nurse PractitionerProgram

    3.2.3.Confirmation ofApproval StatusBased on 2007NCLEX-RNExamination PassRates, Review of2007 NrusingEcuation ProgramInformation Survey(NEPIS) and 2007Compliance Auditof NrusingEducation Program(CANEP), andReview of SelfStudy 3.2.3.a. EastTexas BaptistUniversity inMarshall, Texas,

    The Board considered the staffrecommendation concerning the approvalstatus and the requirement to be met forthe East Texas Baptist University (ETBU) in

    The board voted to continue full approvalstatus for the East Texas BaptistUniversity Baccalaureate Degree NursingEducational Program, accept the Self-

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    AGENDA ITEM DISCUSSION ACTION

    BaccalaureateDegree NursingEducationalProgram

    Marshall, Texas, Baccalaureate DegreeNursing (BSN) Educational Program basedon review of the NCLEX-RN® examinationpass rate for 2007, review of the 2007NEPIS and 2007 CANEP, and review of theself-study report.

    Study Report, and issue the requirement tobe met.

    3.2.3.d. SouthPlains College inLevelland, Texas,Associate DegreeNursingEducationalProgram

    The Board considered the staffrecommendation concerning approvalstatus and requirements to be met for theSouth Plains College Associate DegreeNursing Educational Program based onreview of the NCLEX-RN examination passrate for 2007, review of the 2007 NEPISand CANEP, and review of the self-studyreport received on March 25, 2008.

    The board voted to continue full approvalstatus for the South Plains CollegeAssociate Degree Nursing EducationalProgram, accept the Self-Study Repot, andissue requirements.

    3.2.3.e. TarletonState University inStephenville,Texas,BaccalaureateDegree NursingEducationalProgram

    The Boa r d cons i d e r ed s t a f frecommendation concerning approvalstatus and requirements to be met forTarleton State University in Stephenville,Texas Baccalaureate Degree NursingEducation Program based on review of theNCLEX-RN® examination pass rate for2007, review of the 2007 RN-NEPISReport and RN-CANEP, and review of theself study report received May 13, 2008.

    The board voted to continue full approvalstatus for Tarleton State UniversityBaccalaureate Degree Nursing EducationProgram, accept the Self Study Report,and issue the requirement to be met.

    3.2.4.Confirmation ofApproval StatusBased on 2007NCLEX-RN®Examination PassRates,Review of 2007Nursing EducationProgramInformation Survey(NEPIS) and 2007Compliance Auditof NursingEducation Program(CANEP), Reviewof Self Study, andReport of SurveyVisit - Lamar StateCollege in PortArthur, Texas,Associate Degree

    The Board considered the staffrecommendation concerning approvalstatus and requirements to be met for theLamar State College in Port Arthur, Texas,LVN to RN, Upper Mobility AssociateDegree Nursing (ADN) Educational Programbased on review of the 2007 NCLEX-RN®examination pass rate, review of the 2007NEPIS and 2007 CANEP, review of theself-study report, and the report of theroutine six-year survey visit.

    The board voted to continue the fullapproval status of the Lamar State Collegein Port Arthur, LVN to RN, AssociateDegree Nursing Educational Program,accept the self-study report, accept thesurvey visit report, and issue thecommendations, recommendations, andrequirements to be met.

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    AGENDA ITEM DISCUSSION ACTION

    NursingEducationalProgram

    3.2.5.Confirmation ofApproval StatusBased on 2007NCLEX-PN®Examination PassRates, Review of2007 NursingEducation ProgramInformation Survey(NEPIS) and 2007Compliance Auditof NursingEducation Program(CANEP), andReport of SurveyVisit 3.2.5.a.Computer CareerCenter in El Paso,Texas, VocationalNursingEducationalProgram

    The Boa r d con s i d e r ed s t a f frecommendation based on findings of thefocused survey visit to Computer CareerCenter in El Paso, Texas conducted onMay 5, 2008.

    The board voted to accept the report ofthe survey visit and issue thecommendation, recommendation andrequirements to be met.

    3.2.5.b. LamarState College inPort Arthur,Texas, VocationalNursingEducationalProgram

    The Board considered the staffrecommendation concerning approvalstatus and requirements to be met for theLamar State College in Port Arthur, Texas,Vocational Nursing (VN) EducationalProgram based on review of the 2007NCLEX-PN® examination pass rate, reviewof the 2007 NEPIS and 2007 CANEP, andthe report of the routine six-year surveyvisit.

    The board voted to continue the fullapproval status of the Lamar State Collegein Port Arthur, Vocational NursingEducational Program, accept the surveyvisit report, and issue the commendations,recommendations, and requirements to bemet.

    3.2.5.c. Lone StarCollege -Montgomery inConroe, Texas,Vocational NursingEducationalProgram

    The Boa r d con s i d e r ed s t a f frecommendation based on findings of thereport of a routine survey visit to Lone StarCollege-Montgomery Vocational NursingEducational Program in Conroe, Texasconducted on June 10-11, 2008.

    The board voted to accept the report ofthe survey visit and issue the followingcommendations, recommendations andrequirements to be met.

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    AGENDA ITEM DISCUSSION ACTION

    3.2.6. Petition forWaiver of DirectorQualifications -Coastal BendCollege in Beeville,Texas,Associate DegreeNursingEducationalProgram

    The Board considered the request fromCoastal Bend College (CBC) in Beeville,Texas, to approve a waiver of the requireddirector qualifications on behalf of BettySims, MSN, RN, to be appointed directorof the CBC Associate Degree NursingEducat iona l Program and therecommendation from the EducationLiaison Committee (ELC).

    The board voted to approve the waiver ofthe required three years of teachingexperience in a professional nursingeducation program on behalf of BettySims, MSN, RN to be appointed director ofthe Coastal Bend College Associate DegreeNursing Educational Program based on thedocumen ta t i on and the ELCrecommendation.

    3.2.7. Petition forWaiver of InterimDirectorQualifications -East Texas BaptistUniversity inMarshall, Texas,BaccalaureateDegree NursingEducationalProgram

    The Board considered the request fromEast Texas Baptist University (ETBU) inMarshall, Texas, to approve a waiver ofthe required interim dean/directorqualifications on behalf of LeslieBorcherding, MS, RN, to be appointedinterim dean/director of the ETBUBaccalaureate Degree Nursing EducationalProgram and the recommendation from theEducation Liaison Committee (ELC).

    The board voted to approve the waiver ofthe required doctoral degree in order toadminister a baccalaureate nursingeducation program on behalf of LeslieBorcherding, MS, RN, to be appointedinterim dean/director of the East TexasBaptist University Baccalaureate DegreeNursing Educational Program for a periodof one (1) year based on thedocumen ta t i on and the ELCrecommendation, and issue therequirements to be met.

    3.2.8. Petition forExtension ofWaiver of DirectorQualifications -Texas A&MInternationalUniversity inLaredo, Texas,Canseco School ofNursing,BaccalaureateDegree NursingEducationalProgram

    The Board considered the petition fromTexas A&M International UniversityCanseco School of Nursing in Laredo,Texas to extend the waiver of directorqualifications on behalf of NatalieBurkhalter, MSN, RN, FNP and therecommendation from the EducationLiaison Committee (ELC) regarding thepetition.

    The board voted to approve the extensionof the waiver for the appointment ofNatalie Burkhalter, MSN, RN, FNP asInterim Director of the Canseco School ofNursing at Texas A&M InternationalUniversity based on the recommendationfrom the Education Liaison Committee.

    3.2.9. Petition forWaiver of FacultyQualifications -Southwest TexasJunior College inUvalde,Texas, AssociateDegree NursingEducationalProgram

    The Board considered the petition fromSouthwest Texas Junior College (SWTJC)Associate Degree Nursing EducationalProgram to request a faculty waiver onbehalf of Liza Hurtado, BSN, RN and therecommendation from the EducationLiaison Committee (ELC) regarding thepetition.

    The board voted to approve the requestfor faculty waiver on behalf of LizaHurtado, BSN, RN based on therecommendation from the EducationLiaison Committee.

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    AGENDA ITEM DISCUSSION ACTION

    3.2.10. Report ofSurvey Visit 3.2.10.a.Southwest JuniorCollege in Uvalde,Texas, AssociateDegree NursingEducationalProgram

    The Board considered the report of surveyvisit to Southwest Texas Junior College(SWTJC) in Uvalde, Texas to evaluate thephysical resources for the new AssociateDegree Nursing Educational Program tobegin in June 2008.

    The board voted to accept the report ofthe survey visit to Southwest Texas JuniorCollege at Uvalde, Texas and issue thecommendation and recommendation.

    3.2.10.b. TylerCounty Hospital inWoodville, Texas,Vocational NursingEducationalProgram

    The Board considered the staffrecommendation based on findings of thereport of a routine survey visit to TylerCounty Hospital in Woodville, Texasconducted on June 12, 2008.

    The board voted to accept the report ofthe survey visit and issue the followingcommendations, recommendations andrequirements to be met.

    3.2.11.Notification ofClosure of NursingEducationalProgram-SouthwesternAdventistUniversity inKeene, Texas,Associate Degreeof NursingEducationalProgram

    The Board considered the notification fromSouthwestern Adventist University(SWAU) regarding closure of the AssociateDegree Nursing Educational Program atKeene, Texas effective December 2008.

    No Board action required. Thisnotification is for information purposesonly.

    5.1.1. Eligibilityand DisciplinaryCommittee

    Approved on Consent.

    5.1.2. StrategicPlanning/3RD

    Quarter Report

    Approved on Consent.

    6.3. Adoption ofCorrect Title for22 Tex. Admin.Code § 217.20 tobe Safe HarborPeer Review forNurses andWhistleblowerProtections

    The Board reviewed the adoption of thecorrect Title for 22 Tex. Admin. Code §217.20 to be Safe Harbor Peer Review forNurses and Whistleblower Protections.

    No Board action required.

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    AGENDA ITEM DISCUSSION ACTION

    6.4. Adoption ofRule Reviews ofChapter 213,Practice andProcedure; 216,ContinuingEducation; and221, AdvancedPractice Nurses

    The Board reviewed the adoption of RuleReviews of Chapter 213, Practice andProcedure; 216, Continuing Education; and221, Advanced Practice Nurses.

    The board accepted the adoption of theRule Reviews of Chapter 213, Practice andProcedure; 216, Continuing Education; and221, Advanced Practice Nurses.

    6.5. Adoption ofAmendments to §213.12, Relatingto Witness Feesand Expenses and§ 213.1, Relatingto Fees

    The Board reviewed the adoption ofamendments to § 213.12, Relating toWitness Fees and Expenses and § 213.1,Relating to Fees.

    The board accepted the adoption ofamendments to § 213.12, Relating toWitness Fees and Expenses and § 213.1,Relating to Fees.

    6.6. Adoption ofAmendments to§§213.27 -213.30 and§213.33, Relatingto Practice andProcedure

    The Board reviewed the adoption ofAmendments to §§213.27 - 213.30 and§213.33, Relating to Practice andProcedure.

    The board accepted the adoption ofamendments to §§213.27 - 213.30 and§213.33, Relating to Practice andProcedure.

    7.1. Texas PeerAssistanceProgram forNurses 7.1.1. QuarterlyReport

    Approved on Consent.

    8. PROPOSEDBOARD ORDERS

    8.1. ALJProposals forDecision

    The board voted to ratify the Proposals forDecision on Consent with the followingresults:

    Hannah R. Overton, LVN #159430 License Revoked. The proposal fordecision and the findings of fact andconclusions of law of the ALJ wereadopted by the board.

    Carol A. Ritchey, RN #548343 License Revoked. The proposal fordecision and the findings of fact andconclusions of law of the ALJ wereadopted by the board.

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    AGENDA ITEM DISCUSSION ACTION

    Joel Vargas, RN #518448 License Revoked. The proposal fordecision and the findings of fact andconclusions of law of the ALJ wereadopted by the board.

    Jerome M. Wilson, LVN #91203 License Revoked . The proposal fordecision and the findings of fact andconclusions of law of the ALJ wereadopted by the board.

    8.2. AgreedOrders

    The board voted to ratify the AgreedOrders on Consent with the followingresults:

    Heather Shauntelle Barnett, LVN #204037 Warning with Stipulations. Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics.It is further agreed that should Respondentpractice as a LVN in the State of Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the followingstipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall havein-direct supervision with employmentrestrictions for the duration of thestipulation period; Respondent shallabstain from the consumption of alcohol,Nubain, Stadol, Dalgan or other syntheticopiates, and/or the use of controlledsubstances; and Respondent shall submitto periodic screens for controlledsubstances and alcohol.

    Tammy Ann Baudy, LVN #203303 Suspend Probate. Respondent’s license ishereby suspended with said suspensionprobated. Respondent will be placed onProbation for two years with the followingagreed terms of probation: Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;a board approved course in physicalassessment; a board approved course in

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    nursing documentation; and a boardapproved course in Sharpening CriticalThinking Skills. The following terms of thisprobation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for two years of probation: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 ofemployment as a nurse under this order;Respondent shall have in-direct supervisionwith employment restrictions for theremainder of the stipulation period.

    Clare Joyce Bearden, LVN #129252 Suspend Probate. Respondent’s license ishereby suspended with said suspensionstayed and probated. Respondent will beplaced on Probation for two years with thefollowing agreed terms of probation:Within forty-five days of entry of the stayRespondent shall pay a monetary fine inthe amount of $250. Within one year ofentry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;and a board approved course in nursingdocumentation. The following terms ofthis probation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for two years of probation:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall havein-direct supervision with employmentrestrictions for the duration of thestipulation period.

    Ruth Ann Boegli, RN #585200 Warning with Stipulations. Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;a board approved course in nursingdocumentation; and a board approvedcourse in cardiac dysrhythmia recognition..It is further agreed that should Respondent

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    practice as a nurse in the State of Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the followingstipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; and shallprovide employer reports.

    Thomas Marcell Carroll, LVN #131637/RN#723811

    Warning with Stipulations. Within forty-five days of entry of this order Respondentshall pay a monetary fine in the amount of$500. The order of the board issued toRespondent on December 9, 2005 is stillin effect in its entirety and Respondentshall be responsible for completing theterms of that order within six months fromthe date of this order.

    Shanell Nikisha Chatman, LVN #177077 Enforced Suspension. Respondent’slicense is hereby suspended with saidsuspension enforced until Respondentcompletes a treatment program approvedby the Board, provides documentation ofsuccessful completion and has obtainedtwelve consecutive months of sobriety.Any relapse prior to the completion of thetwelve consecutive months of sobriety willresult in an extension of the enforcedsuspension. Upon verification ofsuccessful completion of the approvedtreatment and twelve consecutive monthsof sobriety as set out in this order theSuspension will be STAYED andRespondent will be placed on Probation forthree years with the following agreedterms of probation: Within forty-five daysof the suspension being stayedRespondent shall pay a monetary fine inthe amount of $350. Within one year ofthe stay Respondent shall successfullycomplete a board approved course innursing jurisprudence and ethics. Thefollowing terms of this probation may onlybe served while Respondent is employedas a nurse in a hospital, nursing home, orother clinical practice setting for threeyears of probation: Respondent shall notifypresent/future employers of the boardorder; shall provide notification of

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    employment; shall provide employerreports; Respondent shall have directsupervision with employment restrictionsfor the first year of employment as a nurseunder this order; Respondent shall have in-direct supervision with employmentrestrictions for the remainder of thestipulation period; Respondent shall haveemployment restrictions for the first yearof employment under this order;Respondent shall not practice in anycritical care area for the first year ofemployment under this order; Respondentshall not administer or have any contactwith controlled substances for the firstyear of employment under this order;Respondent shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances;Respondent shall submit to periodicscreens for controlled substances andalcohol; Respondent shall attend at leastfour support group meetings each week,for the first year and at least three supportgroup meetings each week for the durationof this order, one of which shall be forsubstance abuse and shall provideacceptable proof of such attendance; andRespondent shall cause her probationofficer to submit written reports regardingRespondent’s compliance with her courtordered probation until released fromprobation.

    Donna Sue Deaver, LVN #82748 Warning with Stipulations. Within onehundred thirty-five days of entry of thisorder Respondent shall pay a monetaryfine in the amount of $1500. Within oneyear of entry of this order Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics; a board approved course inmedication administration; a boardapproved course in nursing documentation;and a board approved course inSharpening Critical Thinking Skills. It isfurther agreed that should Respondentpractice as a nurse in the State of Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the following

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    stipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; and Respondent shallhave in-direct supervision withemployment restrictions for the duration ofthe stipulation period.

    Charlotte M. G. Drone, RN #429086 Board Member Brenda Jackson recusedherself prior to the consideration and voteon this order.Limited License. Respondent shall notprovide direct patient care while under theterms of this order. While under the termsof this order Respondent may teachnursing as long as such teaching does notinclude supervision of students in a clinicalpracticum setting. Should Respondentdesire to return to a clinical practicesetting, which would require her to providedirect patient care, Respondent shallpetition the Board for such approval.

    Kelvin Lee Grogan, RN #709874 Reprimand with Stipulations. Within oneyear of entry of this order Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics; a board approved course inmedication administration; a boardapproved course in nursing documentation;and a board approved course inSharpening Critical Thinking Skills. It isfurther agreed that should Respondentpractice as a RN in the State of Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the followingstipulations for two years of employment: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 ofemployment under this order; andRespondent shall have in-direct supervisionwith employment restrictions for theduration of the stipulation period.

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    AGENDA ITEM DISCUSSION ACTION

    Larrietta LaDonna Jones, RN #665868 Suspend Probate. Respondent’s license ishereby suspended with said suspensionstayed and probated. Respondent will beplaced on Probation for three years withthe following agreed terms of probation:Within forty-five days of entry of the stayRespondent shall pay a monetary fine inthe amount of $500. Within one year ofentry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics.The following terms of this probation mayonly be served while Respondent isemployed as a nurse in a hospital, nursinghome, or other clinical practice setting forthree years of probation: Respondent shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; Respondent shall have directsupervision with employment restrictionsfor the first year of employment under thisorder; Respondent shall have in-directsupervision with employment restrictionsfor the remainder of the stipulation period;Respondent shall have employmentrestrictions for the first year ofemployment under this order; Respondentshall not practice in any critical care areafor the first year of employment under thisorder; Respondent shall not administer orhave any contact with controlledsubstances for the first year ofemployment under this order; Respondentshall abstain from the consumption ofalcohol, Nubain, Stadol, Dalgan or othersynthetic opiates, and/or the use ofcontrolled substances; Respondent shallsubmit to periodic screens for controlledsubstances and alcohol; and Respondentshall participate in therapy with a boardapproved therapist and shall cause thetherapist to submit quarterly reportsregarding Respondent’s progress intherapy until released from therapy.

    Sarah Katherine Knabe, LVN #185987 Warning with Stipulations. Within forty-five days of entry of this order Respondentshall pay a monetary fine in the amount of$250. Within one year of entry of thisorder Respondent shall successfullycomplete a board approved course in

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    nursing jurisprudence and ethics. ShouldRespondent choose to practice as a nursein Texas, Respondent will provide directpatient care and practice in a hospital,nursing home, or other clinical settingunder the following stipulations for oneyear of employment: Respondent shallnotify present/future employers of theboard order; shall submit notification ofemployment; shall provide employerreports; Respondent shall have in-directsupervision with employment restrictionsfor the duration of the stipulation period;Respondent shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances; andRespondent shall submit to periodicscreens for controlled substances andalcohol.

    Brenda A. Larkins, RN #221060 Board Member Deborah Bell recusedherself prior to the consideration and voteon this board order.Reprimand with Stipulations. Within oneyear of entry of this order Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics; and a board approved course inCritical Thinking Skills. Prior toemployment as a RN in Texas Respondentshall successfully complete a boardapproved course in physical assessment.Should Respondent choose to practice asa RN in Texas, Respondent will providedirect patient care and practice in ahospital, nursing home, or other clinicalsetting under the following stipulations forone year of employment: Respondent shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; Respondent shall have directsupervision with employment restrictionsfor the first six months of employment asa nurse under this order; and Respondentshall have in-direct supervision withemployment restrictions for the remainderof the stipulation period.

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    AGENDA ITEM DISCUSSION ACTION

    Frieda Ruth Maas, LVN #70935/RN#583399

    Board Member Deborah Bell recusedherself prior to the consideration and voteon this board order.Warning with Stipulations. Within forty-five days of entry of this order Respondentshall pay a monetary fine in the amount of$250. Within one year of entry of thisorder Respondent shall successfullycomplete a board approved course innursing jurisprudence and ethics. ShouldRespondent choose to practice as a nursein Texas, Respondent will provide directpatient care and practice in a hospital,nursing home, or other clinical settingunder the following stipulations for oneyear of employment: Respondent shallnotify present/future employers of theboard order; shall submit notification ofemployment; shall provide employerreports; and Respondent shall have in-direct supervision with employmentrestrictions for the duration of thestipulation period.

    Mariamma Joseph Mandavathil, LVN#86548/RN #522045

    Warning with Stipulations. Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;a board approved course in medicationadministration; a board approved course innursing documentation; and a boardapproved course in Sharpening CriticalThinking Skills. Should Respondent chooseto practice as a nurse in Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the followingstipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall submitnotification of employment; shall provideemployer reports; and Respondent shallhave in-direct supervision withemployment restrictions for the duration ofthe stipulation period.

    Christina Lee Matula, RN #709653 Warning with Stipulations. Within forty-five days of entry of this order Respondentshall pay a monetary fine in the amount of$500. Within one year of entry of thisorder Respondent shall successfully

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    complete a board approved course innursing jurisprudence and ethics. ShouldRespondent choose to practice as a nursein Texas, Respondent will provide directpatient care and practice in a hospital,nursing home, or other clinical settingunder the following stipulations for oneyear of employment: Respondent shallnotify present/future employers of theboard order; shall submit notification ofemployment; shall provide employerreports; and Respondent shall have in-direct supervision with employmentrestrictions for the duration of thestipulation period.

    Clifton Richard Poore, RN #72160 Warning with Stipulations. Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;a board approved course in medicationadministration; and a board approvedcourse in nursing documentation. ShouldRespondent choose to practice as a nursein Texas, Respondent will provide directpatient care and practice in a hospital,nursing home, or other clinical settingunder the following stipulations for oneyear of employment: Respondent shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; and Respondent shall have in-direct supervision with employmentrestrictions for the duration of thestipulation period.

    Kay Mignon Roberts, RN #596612 Reprimand with Stipulations. Within oneyear of entry of this order Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics; a board approved course inphysical assessment; and a boardapproved course in nursing documentation.Should Respondent choose to practice asa nurse in Texas, Respondent will providedirect patient care and practice in ahospital, nursing home, or other clinicalsetting under the following stipulations fortwo years of employment: Respondentshall notify present/future employers of

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    AGENDA ITEM DISCUSSION ACTION

    the board order; shall provide notificationof employment; Respondent shall provideemployer reports; Respondent shall havedirect supervision with employmentrestrictions for the first year ofemployment under this order; andRespondent shall have in-direct supervisionwith employment restrictions for theremainder of the stipulation period.

    Jessica Rubio Salazar, LVN #182121 Warning with Stipulations. Within forty-five days of entry of this order Respondentshall pay a monetary fine in the amount of$500. Within one year of entry of thisorder Respondent shall successfullycomplete a board approved course innursing jurisprudence and ethics; and aboard approved course in nursingdocumentation. Should Respondentchoose to practice as a nurse in Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the followingstipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; Respondentshall provide employer reports; andRespondent shall have in-direct supervisionwith employment restrictions for theduration of the stipulation period.

    Tammy Gay Tarrant, LVN #88755 Warning with Stipulations. Within fortyfive five days of entry of this orderRespondent shall pay a monetary fine inthe amount of $250. Within one year ofentry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;and a board approved course in nursingdocumentation. Should Respondentchoose to practice as a nurse in Texas,Respondent will provide direct patient careand practice in a hospital, nursing home,or other clinical setting under the followingstipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; and Respondent shallhave in-direct supervision with

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    employment restrictions for the duration ofthe stipulation period.

    Kandace Ruth Thompson, RN #657245 Suspend Probate. Respondent’s license ishereby suspended for two years with saidsuspension stayed and Respondent isplaced on Probation for two years. Thestipulations outlined and required hereinshall supercede all previous stipulationsrequired by any order entered by the TexasBoard of Nursing. Within forty-five days ofentry of this order Respondent shall pay amonetary fine in the amount of $500.Within one year of entry of this orderRespondent shall successfully complete aboard approved course in nursingjurisprudence and ethics. ShouldRespondent choose to practice as a nursein Texas, Respondent will provide directpatient care and practice in a hospital,nursing home, or other clinical settingunder the following stipulations for twoyears of employment: Respondent shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; Respondent shall have in-directsupervision with employment restrictionsfor the duration of the stipulation period;Respondent shall have employmentrestrictions for the first year ofemployment under this order; Respondentshall not practice in any critical care areafor the first year of employment under thisorder; Respondent shall not administer orhave any contact with controlledsubstances for the first year ofemployment under this order; Respondentshall abstain from the consumption ofalcohol, Nubain, Stadol, Dalgan or othersynthetic opiates, and/or the use ofcontrolled substances; Respondent shallsubmit to periodic screens for controlledsubstances and alcohol; Respondent shallfor the first six month period, attend atleast two support group meetings eachweek, one of which shall be for substanceabuse and shall provide acceptable proofof such attendance; for the second sixmonth period, Respondent shall attend atleast one support group meeting eachweek which shall be for substance abuse

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    and Respondent shall provide acceptableevidence of attendance.

    Candus R. Villarreal, RN #684254 Warning with Stipulations. Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;a board approved course in physicalassessment; and a board approved coursein Sharpening Critical Thinking Skills.Should Respondent choose to practice asa nurse in Texas, Respondent will providedirect patient care and practice in ahospital, nursing home, or other clinicalsetting under the following stipulations forone year of employment: Respondent shallnotify present/future employers of theboard order; shall provide notification ofemployment; and shall provide employerreports.

    Ramon Abel Villarreal, LVN #161913 Reprimand with Stipulations. Within oneyear of entry of this order Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics. Should Respondent choose topractice as a nurse in Texas, Respondentwill provide direct patient care andpractice in a hospital, nursing home, orother clinical setting under the followingstipulations for two years of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; Respondentshall provide employer reports; andRespondent shall have in-direct supervisionwith employment restrictions for theduration of the stipulation period.

    Wendy Dawn Walker (Johnson) LVN#168033/RN #683694

    Enforced Suspension. Respondent’slicense is hereby suspended with saidsuspension enforced until Respondent hassuccessfully completed a treatmentprogram approved by the Board, providesdocumentation of successful completionand has obtained twelve consecutivemonths of sobriety. Upon verification ofsaid treatment and sobriety the suspensionwill be STAYED and Respondent will beplaced on Probation for three years with

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    the following agreed terms of probation:Within forty-five days of the suspensionbeing stayed Respondent shall pay amonetary fine in the amount of $500.Within one year of the stay Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics. The following terms of thisprobation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for three years ofprobation: Respondent shall notifypresent/future employers of the boardorder; shall provide notification ofemployment; shall provide employerreports; Respondent shall have directsupervision with employment restrictionsfor the first year of employment as a nurseunder this order; Respondent shall have in-direct supervision with employmentrestrictions for the remainder of thestipulation period; Respondent shall haveemployment restrictions for the first yearof employment under this order;Respondent shall not practice in anycritical care area for the first year ofemployment under this order; Respondentshall not administer or have any contactwith controlled substances for the firstyear of employment under this order;Respondent shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances;Respondent shall submit to periodicscreens for controlled substances andalcohol; Respondent shall attend at leasttwo support group meetings each week,one of which shall be for substance abuseand shall provide acceptable proof of suchattendance; and Respondent shall causeher probation officer to submit quarterlywritten reports regarding Respondent’scompliance with her court orderedprobation until released from probation.

    Patricia A. Ward, RN #620672 Reprimand with Stipulations. Respondentshall fully comply with all the terms andconditions of the Order of the Board issuedto Respondent on June 11, 2007, by theBoard of Registered Nursing, Department

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    of Consumer Affairs, State of California.Respondent shall cause the Board ofRegistered Nursing Department ofConsumer Affairs, State of California tosubmit written verification of Respondent’ssuccessful completion of that order.Evidence of compliance/completion withthe terms of the order of Board ofRegistered Nursing, Department ofConsumer Affairs, State of California willbe accepted as evidence ofcompliance/completion of the terms of thisorder issued by the Texas Board ofNursing.

    Susan Diane White, RN #244677 Enforced Suspension. Respondent’slicense is hereby suspended with saidsuspension enforced until Respondent hassuccessfully completed a treatmentprogram approved by the Board, providesdocumentation of successful completion &has obtained twelve consecutive monthsof sobriety. Upon verification of saidtreatment & sobriety the suspension willbe STAYED & Respondent will be placedon Probation for three years with thefollowing agreed terms of probation:Within forty-five days of the suspensionbeing stayed Respondent shall pay amonetary fine in the amount of $500.Within one year of the stay Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics. The following terms of thisprobation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for three years ofprobation: Respondent shall notifypresent/future employers of the boardorder; shall provide notification ofemployment; shall provide employerreports; Respondent shall have directsupervision with employment restrictionsfor the first year of employment as a nurseunder this order; Respondent shall have in-direct supervision with employmentrestrictions for the remainder of thestipulation period; Respondent shall haveemployment restrictions for the first yearof employment under this order;Respondent shall not practice in any

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    critical care area for the first year ofemployment under this order; Respondentshall not administer or have any contactwith controlled substances for the firstyear of employment under this order;Respondent shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances;Respondent shall submit to periodicscreens for controlled substances andalcohol; Respondent shall attend at leasttwo support group meetings each week,one of which shall be for substance abuseand shall provide acceptable proof of suchattendance.

    Joy Lynne Zwernemann, LVN#132557/RN #578704

    Suspend Probate. Respondent’s license ishereby suspended with said suspensionstayed and Respondent placed onprobation for two years. Within one yearof entry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics.The following terms of this probation mayonly be served while Respondent isemployed as a nurse in a hospital, nursinghome, or other clinical practice setting fortwo years of probation: Respondent shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; Respondent shall have directsupervision with employment restrictionsfor the first year of employment as a nurseunder this order; Respondent shall have in-direct supervision with employmentrestrictions for the remainder of thestipulation period; Respondent shallabstain from the consumption of alcohol,Nubain, Stadol, Dalgan or other syntheticopiates, and/or the use of controlledsubstances; Respondent shall submit toperiodic screens for controlled substancesand alcohol; and Respondent shall causeher probation officer to submit quarterlywritten reports regarding Respondent’scompliance with her court orderedprobation until released from probation.

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    8.3.REINSTATEMENTAGREED ORDERS

    Tammy Dawn Bertran, LVN #134586 Reinstatement Denied. Denial Stayed withStipulations. Petitioner’s Application forReinstatement shall be denied with thedenial stayed with the followingconditions: Petitioner shall apply for a sixmonth clinical permit for the limitedpurpose of completing a refresher courseand Petitioner shall successfully completea board approved refresher course. Withinone year of relicensure Petitioner shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics.Should Petitioner choose to practice as anurse in Texas, Petitioner will providedirect patient care and practice in ahospital, nursing home, or other clinicalsetting under the following stipulations fortwo years of employment: Petitioner shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; Petitioner shall have directsupervision with employment restrictionsfor the first year of employment under thisorder; Petitioner shall have in-directsupervision with employment restrictionsfor the remainder of the stipulation period;Petitioner shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances; andPetitioner shall submit to periodic screensfor controlled substances and alcohol.

    Janie Dale Brymer, LVN #101337 Reinstatement Denied. Denial Stayed withStipulations. Petitioner’s Application forReinstatement shall be denied with thedenial stayed with the followingconditions: Petitioner shall apply for a sixmonth clinical permit for the limitedpurpose of completing a refresher courseand Petitioner shall successfully completea board approved refresher course. Withinforty-five days of entry of this orderPetitioner shall apply to TPAPN and shallinclude payment of a non-refundableparticipation fee in the amount of $350payable to TPAPN. Upon acceptance into

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    TPAPN, Petit ioner shall waiveconfidentiality and provide a copy of theexecuted TPAPN contract to the TexasBoard of Nursing. Petitioner shall complywith all the requirement of the TPAPNcontract during its term. Petitioner shallcause TPAPN to notify the Texas Board ofNursing of any violation of the TPAPNcontract. Within one year of relicensurePetitioner shall successfully complete aboard approved course in nursingjurisprudence and ethics.

    Syretha A. Thomas, RN #527321 Reinstatement Denied. Denial Stayed withStipulations. Petitioner’s Application forReinstatement shall be denied with thedenial stayed with the followingconditions: Petitioner shall apply for a sixmonth clinical permit for the limitedpurpose of completing a refresher courseand Petitioner shall successfully completea board approved refresher course. Withinforty-five days of entry of this orderPetitioner shall apply to TPAPN and shallinclude payment of a non-refundableparticipation fee in the amount of $350payable to TPAPN. Upon acceptance intoTPAPN, Petit ioner shal l waiveconfidentiality and provide a copy of theexecuted TPAPN contract to the TexasBoard of Nursing. Petitioner shall complywith all the requirement of the TPAPNcontract during its term. Petitioner shallcause TPAPN to notify the Texas Board ofNursing of any violation of the TPAPNcontract. Within one year of relicensurePetitioner shall successfully complete aboard approved course in nursingjurisprudence and ethics.

    Phillip Jeffrey Turner, LVN #144746 Reinstatement Denied. Denial Stayed withStipulations. Petitioner’s Application forReinstatement shall be denied with thedenial stayed with the followingconditions: Within one year of entry of thisorder Petitioner shall apply for a six monthclinical permit for the limited purpose ofcompleting a refresher course andPetitioner shall successfully complete aboard approved refresher course. Withinone year of relicensure Petitioner shall

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    successfully complete a board approvedcourse in nursing jurisprudence and ethics.Should Petitioner choose to practice as anurse in Texas, Petitioner will providedirect patient care and practice in ahospital, nursing home, or other clinicalsetting under the following stipulations fortwo years of employment: Petitioner shallnotify present/future employers of theboard order; shall provide notification ofemployment; shall provide employerreports; Petitioner shall have in-directsupervision with employment restrictionsfor the duration of the stipulation period;Petitioner shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances;Petitioner shall submit to periodic screensfor controlled substances and alcohol;Petitioner shall attend at least two supportgroup meetings each week, one of whichshall be for substance abuse and shallprovide acceptable proof of suchattendance; and Petitioner shall participatein therapy with a board approved therapistand shall cause the therapist to submitwritten reports as to Petitioner’s progressin therapy until released from therapy.

    Phyllis A. Williams, LVN #104089 Re ins ta tement w i th St ipu l a t i ons .Petitioner’s Application for Reinstatementshall be granted with the followingconditions: Petitioner shall apply for a sixmonth clinical permit for the limitedpurpose of completing a refresher courseand Petitioner shall successfully completea board approved refresher course. Withinone year of relicensure Petitioner shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics. Within forty-five days of entry of thisorder Petitioner shall apply to TPAPN andshall include payment of a non-refundableparticipation fee in the amount of $350payable to TPAPN. Upon acceptance intoTPAPN, Petit ioner shall waiveconfidentiality and provide a copy of theexecuted TPAPN contract to the TexasBoard of Nursing. Petitioner shall complywith all the requirement of the TPAPNcontract during its term. Petitioner shall

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    cause TPAPN to notify the Texas Board ofNursing of any violation of the TPAPNcontract.

    8.4 ELIGIBILITYAGREED ORDERS

    Jennifer Lynn Faulk, Petitioner for InitialLicensure (LVN)

    Petitioner for Initial Licensure. Uponmeeting the requirements for graduationand payment of any required fees,Petitioner is hereby Conditionally Eligible tosit for the NCLEX-PN examination withconditions. Petitioner shall not be eligiblefor temporary authorization to practice asa graduate nurse in the State of Texas.Petitioner upon attaining a passing gradeon the NCLEX-PN shall be issued a licenseto practice nursing in Texas which shallbear the appropriate notation. Petitionershall participate in therapy with a boardapproved therapist and shall cause thetherapist to submit quarterly writtenreports regarding Petitioner’s progress intherapy until released from therapy.

    Robert Anthony Nicholson, Petitioner forInitial Licensure

    Petitioner for Initial Licensure. Uponmeeting the requirements for graduationand payment of any required fees,Petitioner is hereby Conditionally Eligible tosit for the NCLEX-RN examination withconditions. Petitioner shall not be eligiblefor temporary authorization to practice asa graduate nurse in the State of Texas.Petitioner upon attaining a passing gradeon the NCLEX-RN shall be issued a licenseto practice nursing in Texas which shallbear the appropriate notation. Within oneyear of initial licensure Petitioner shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics.It is further agreed should Petitionerpractice as a nurse in Texas, Petitioner willprovide direct patient care and practice ina hospital, nursing home or other clinicalsetting under the following stipulations fortwo years of employment: Petitioner shallnotify present/future employers of theboard order; shall cause each employer tosubmit notification of employment forms;

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    Petitioner shall cause employer(s) tosubmit periodic reports; Petitioner shallhave direct supervision with employmentrestrictions for the first year ofemployment under this order; andPetitioner shall have in-direct supervisionwith employment restrictions for theremainder of the stipulation period;Petitioner shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/orthe use of controlled substances; andPetitioner shall submit to periodic screensfor controlled substances and alcohol.

    1.ADMINISTRATION 1.1. ExecutiveDirector’s Report

    Katherine Thomas reviewed her writtenreport to the board.

    No action.

    1.2. Legal 1.2.1. Requestfor AttorneyGeneral Opinion onConfidentiality ofMental HealthDiagnosis andTreatment

    Dusty Johnston reported that Staff filed arequest for an Attorney General Opinion onthe confidentiality of mental healthdiagnosis and treatment.

    No action.

    1.3. BusinessProcess Work Planfrom the Office ofthe Governor

    Katherine Thomas reported No action

    2. OPERATIONS 2.1. FinancialStatement - 3RD

    Quarter, FiscalYear 2008

    Mark Majek reviewed the FinancialStatement - 3RD Quarter, Fiscal Year 2008with the board.

    No action.

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    3. NURSING 3.2. EDUCATION 3.2.3.Confirmation ofApproval StatusBased on 2007NCLEX-RN®Examination PassRates, Review of2007 NursingEducation ProgramInformation Survey(NEPIS) and 2007Compliance Auditof NursingEducation Program(CANEP), andReview of SelfStudy 3.2.3.b.Galveston Collegein Galveston,Texas, AssociateDegree NursingEducationalProgram

    The Board considered the staffrecommendation concerning approvalstatus and requirement to be met for theGalveston College Associate DegreeNursing Education Program based onreview of the NCLEX-RN® examinationpass rate for 2007, review of the 2007RN-NEPIS and RN-CANEP, and review ofthe self-study report received March 24,2008.

    The Board voted to continue full approvalstatus for the Galveston College AssociateDegree Nursing Educational Program,accept the self-study Report, and issue therequirement as indicated.

    3.2.3.c. LeeCollege inBaytown, Texas,Associate DegreeNursingEducationalProgram

    The Boa r d con s i d e r ed s t a f frecommendation concerning approvalstatus and requirements to be met for LeeCollege in Baytown, Texas AssociateDegree Nursing Educational Program basedon review of the NCLEX-RN® examinationpass rate for 2007, review of the 2007RN-NEPIS and RN-CANEP, and review ofthe self study report received March 19,2008.

    The Board voted to continue full approvalstatus for Lee College Associate DegreeNursing Education Program, accept theSelf Study Report, and issue a requirementto be met.

    3.2.7. Petitionfor Waiver ofInterim DirectorQualifications -East Texas BaptistUniversity inMarshall, Texas,BaccalaureateDegree NursingEducational

    The Board considered the request fromEast Texas Baptist University (ETBU) inMarshall, Texas, to approve a waiver ofthe required interim dean/directorqualifications on behalf of LeslieBorcherding, MS, RN, to be appointedinterim dean/director of the ETBUBaccalaureate Degree Nursing EducationalProgram and the recommendation from theEducation Liaison Committee (ELC).

    The Board voted to to approve the waiverof the required doctoral degree in order toadminister a baccalaureate nursingeducation program on behalf of LeslieBorcherding, MS, RN, to be appointedinterim dean/director of the East TexasBaptist University Baccalaureate DegreeNursing Educational Program for a periodof one (1) year based on thedocumen ta t i on and the ELC

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    Program recommendation, and issue therequirements to be met.

    3.2.8. Petitionfor Extension ofWaiver of DirectorQualifications -Texas A&MInternationalUniversity inLaredo, Texas,Canseco School ofNursing,BaccalaureateDegree NursingEducationalProgram

    The Board considered the petition fromTexas A&M International UniversityCanseco School of Nursing in Laredo,Texas to extend the waiver of directorqualifications on behalf of NatalieBurkhalter, MSN, RN, FNP and therecommendation from the EducationLiaison Committee (ELC) regarding thepetition.

    The Board voted to approve the extensionof the waiver for the appointment ofNatalie Burkhalter, MSN, RN, FNP asInterim Director of the Canseco School ofNursing at Texas A&M InternationalUniversity based on the recommendationfrom the Education Liaison Committee asindicated.

    3.2.12.Consideration ofProposed Changeof Approval StatusBased on 2007NCLEX-RN®Examination PassRates, Review of2007 NursingEducation ProgramInformation Survey(NEPIS) and 2007Compliance Auditof NursingEducation Program(CANEP), andReport of SurveyVisit - KilgoreCollege in Kilgore,Texas, AssociateDegree NursingEducationalProgram

    The Board considered the staffrecommendation concerning the approvalstatus and requirements to be met for theKilgore College in Kilgore, Texas,Associate Degree Nursing EducationalProgram based on review of the 2007NCLEX-RN® examination pass rate, reviewof the 2007 NEPIS and 2007 CANEP, andthe report of the focused survey visit dueto the low pass rates.William Holda, President, Kilgore Collegeand Dayna Davidson, Director, KilgoreCollege were present to answer questions.

    The Board voted to change the approvalstatus for the Kilgore College AssociateDegree Nursing Educational Program fromFull to Full with Warning, accept thesurvey visit report, and issuedcommendations, recommendations, andrequirements to be met.

    3.2.13Consideration ofProposed Changeof Approval StatusBased on 2007NCLEX-PN®Examination PassRates and Review

    The Board considered a proposed changein the approval status for the ClarendonCollege Vocational Nursing EducationalProgram based on review of the NCLEX-PN® examination pass rate for 2007 andreview of the 2007 NEPIS and CANEP.Phyllis Norton, Nursing Instructor andRaymond Jaramillo, Dean were present to

    The Board voted to change the approvalstates of the Clarendon College VocationalNursing Educational Program from full tofull with warning and authorize staff toconduct a survey visit in Fall 2008.

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    of 2007 NursingEducation ProgramInformation Survey(NEPIS) and 2007Compliance Auditof NursingEducation Program(CANEP) -Clarendon Collegein Pampa, Texas,Vocational NursingEducationalProgram

    answer questions.

    3.2.14. Reviewof Approval StatusBased on 2007and 2008 NCLEX-RN® ExaminationPass Rates,Review of the2007 NursingEducation ProgramInformation Survey(NEPIS) and the2007 ComplianceAudit of NursingEducation Program(CANEP), andStatus Report andConsideration ofPetition to AdmitStudents - St.Philip’s in SanAntonio, Texas,Associate DegreeNursingEducationalProgram

    The Board considered the approval statusreport for St. Philip’s College (LVN to ADN)Associate Degree Nursing EducationalProgram based upon 2007 and 2008NCLEX-RN® examination pass rates,review of the 2007 NEPIS and 2007CANEP, and review of the status report.Christopher Pate, Dean of Health Sciences;Rose Spruill, RN; Dr. Antoinette Wheeler,Vice President of Academic Affairs; andEdna Robinson, Nurse Consultant werepresent to answer questions.

    The Board voted to grant permission forthe St. Philip’s College Associate DegreeNursing Educational Program to admitstudents beginning with the Fall 2008semester and authorize board staff toconduct a survey visit in Spring 2009.

    3.2.15.Consideration ofRequest to MergeNursingEducationalPrograms - CiscoJunior College inAbilene, Texas,LVN to RN andGeneric AssociateDegree Nursing

    The Board considered the request from theCisco Junior College in Abilene, Texas tomerge the LVN to RN and the genericassociate degree nursing educationalprograms into one associate degreenursing educational program with theTexas Board of Nursing.

    The Board voted to approve the requestfrom Cisco Junior College in Abilene,Texas to merge the LVN to RN and theGeneric Associate Degree NursingEducational Programs into one associatedegree nursing educational program withthe Texas Board of Nursing.

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    EducationalPrograms

    3.2.16. PublicHearing forProposal toEstablish a NewNursingEducationalProgram 3.2.16.a.BrazosportCommunityCollege in LakeJackson, Texas,Associate NursingEducationalProgram

    The Board held a Public Hearing toconsider the proposal to establish a newnursing educational program at BrazosportCommunity College in Lake Jackson,Texas.Ken Tasa, Dean, Educational Programs;and Susan McCormick, Program Directorwere present to answer questions.

    The Board voted to approve a genericassociate degree nursing educationalprogram to be established by BrazosportCollege in Lake Jackson, Texas and grantthe program Initial Approval status andi s s u e d c o m m e n d a t i o n s a n drecommendation.

    3.2.16.c. TexasA&M HealthScience Center,College of Nursing,in College Station,Texas,BaccalaureateDegree NursingEducationalProgram

    The Board held a Public Hearing toconsider the proposal to establish a newnursing educational program at TexasA&M Health Science Center (TAMHSC),College of Nursing, in College Station,Texas.Sharon A. Wilkerson, Professor/ActingDean; Kathryn Cochran, Assistant Dean;and Alicia Dorsey, Vice-President, ProgramDevelopment were present to answerquestions.

    The Board voted to approve aBaccalaureate Degree Nursing EducationalProgram to be established by the TexasA&M Health Science Center, College ofNursing, in College Station, Texas, grantthe program Initial approval status,authorize board staff to conduct surveyvisits as necessary until the program ismoved to Full approval status, and issuecommendation and requirement to be met.

    3.2.16.d.University ofHouston-Victoria,in Sugarland,Texas,BaccalaureateDegree NursingEducationalProgram

    The Board held a Public Hearing toconsider the proposal to establish a newnursing educational program at theUniversity of Houston-Victoria (UH-V).Suzanne LaBrecque, Provost/VicePresident Academic Affairs; Linda Dane,PhD, RN, Asst. Professor, ProposedDirector; and Denise Neill, Asst. Professorof Nursing were present to answerquestions.

    The Board voted to grant initial approvalfor the University of Houston-Victoria toestablish a new Baccalaureate DegreeNursing Educational Program on theircampus in Sugar Land, Texas based uponthe proposal and findings from the surveyvisit and issue the commendation asindicated.

    3.2.17. NursingEducation Update

    Mary Beth Thomas provided updates innursing education including a review ofnew accrediting bodies approved byTHECB; increased vacancies in dean anddirector positions; a list of new programs,active proposals and letters of interest;and a new out of state program interested

    No action.

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    in starting an online RN program in Texas.

    4. ENFORCEMENT 4.1. CriminalBackground CheckUpdate

    The board reviewed the statistical reportprovided regarding criminal backgroundchecks.

    No action.

    4.2. Process toEnsure thatAlleged PracticeViolations ofImpaired Nursesare Reviewed byBoard

    The board reviewed the report. No action.

    5. COMMITTEEREPORTS 5.1. BoardCommittees 5.1.3.Development andEvaluation

    Rachel Gomez discussed training to focuson the following items for BoardDevelopment:1) Forensic Psychological Evaluations withSexual Predator Component;2) Texas Peer Assistance Program forNurses; and3) Executive Sessions.

    No action.

    5.2. AdvisoryCommittees/TaskForces 5.2.1. AdvancedPractice NursesAdvisoryCommittee

    Jolene Zych reported that the committeehas met twice to work on §221 revisionsand APN education issues.

    No action.

    5.2.2. NursingPractice AdvisoryCommittee

    No report. No action.

    5.2.3. AdvisoryCommittee onEducation

    The Board considered the report andRobbin Wilson provided a summary of thereport regarding ACE activities.

    No action.

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    5.2.4. TaskForce onLicensure,Eligibility andDiscipline

    Dusty Johnston provided a summary ofthe task force meetings and minutes. TheBoard considered Mr. Johnston’s requestthat the task force be made a standingadvisory committee of the board.

    The Board voted to approve the requestand re-designation of the Task Force to bea standing “Advisory Committee, which isto be utilized to give analysis and advisethe Board regarding regulatory matters.

    5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.1. TexasPeer AssistanceProgram for NurseAdvisoryCommittee

    No report. No action.

    5.3.2. TexasNurses AssociationCompetency TaskForce/TexasNursingCompetencyInitiatives

    The Board considered the written reportregarding the two initiatives to promote,evaluate and test new models of nursingcompetency in the state of Texas.Dr. Suzy Sportsman was present toanswer questions.

    This report was for informational purposesonly. No action.

    5.3.3. StatewideHealthCoordinatingCouncil TexasCenter for NursingWorkforce StudiesAdvisory Cmte.

    Katherine Thomas reported the committeemet on July 16, 2008 and that data showsthat the nursing shortage continues toexist. There will be an additional 2,700nurses needed by the end of 2011. Thereis also a need for nursing faculty.

    No action.

    5.3.4. TexasHigher EducationCoordinating BoardNursing EducationUpdates

    Mary Beth Thomas and Robbin Wilsonprovided updates and informed the Boardthat the THECB now accepts several newaccrediting agencies including the Councilon Occupational Health (COE), AccreditingCouncil of Independent Colleges andSchools (ACICS), Accrediting Bureau ofHealth Education (ABHES) and AccreditingCommission of Career Schools andColleges of Technology (ACCSCT).

    No action.

    5.3.7. Report ofMeeting with theTexas Departmentof Public SafetyAdvisory

    Jolene Zych reported on the ongoing workof this committee. DPS must be ready toaccept information regarding prescriptionsfor controlled substances in Schedules IIIthrough V by September 1, 2008. A letter

    No action.

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    Committee for theImprovement ofthe TexasPrescriptionProgram

    describing the work of the committee wassubmitted to the legislature on July 1,2008; a copy of the letter was availablefor Board members to review.

    OPEN FORUM: Linda Rounds announced the format andinvited participation from the audience.

    No one came forward and the Open Forumwas closed.

    No action.

    6. OLD BUSINESS 6.1. NurseLicensure CompactUpdate

    Katherine Thomas provided an update onthe Nurse Licensure Compact.

    No action.

    6.2. ReportsRelated to SunsetBill HB2426 6.2.1. StatusReport on theImplementation ofthe JurisprudenceExam

    Mark Majek and Mary Beth Thomasprovided an update on the implementationof the jurisprudence exam.

    This report was for informational purposesonly. No action.

    6.7. Final Reporton Staff Approvalof Applicants withMinor CriminalHistory

    Dusty Johnston presented the final reporton staff approval of applicants with minorcriminal history. Dusty Johnston reviewedwith the board members the list of minorcriminal incidents and what factors staffwill take into consideration before makinga recommendation to close a case withoutfurther disciplinary action.

    The Board voted to approve the staffreview process for minor criminal history.

    6.8. ProposedAmendment to 22Tex. Admin. Code§ 211.7,Executive Director

    The Board considered the proposedamendments to 211.7 outlining theBoard’s current policies that delegateauthority to the Executive Director.

    The Board voted to propose amendmentsto Rule 211.7, in the Texas Register for a30-day comment period and if no negativecomments are received, move to adoptnew amendments to 211.7 as proposed.

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    AGENDA ITEM DISCUSSION ACTION

    6.9.Consideration ofAdoption ofConsensus Modelof APRNRegulations:Licensure,Accreditation,Certification andEducation

    The Board considered the adoption of theConsensus Model of APRN Regulations:Licensure, Accreditation, Certification andEducation.

    The Board voted to approve the adoptionof the Consensus Model of APRNRegulations: Licensure, Accreditation,Certification and Education.

    7. NEW BUSINESS 7.1.2. AnnualTPAPN Audit

    The Board reviewed the Annual TPAPNAudit.Mike VanDoren was present to answerquestions regarding the audit.

    The Board voted to accept the June 28,2008, audit of TPAPN performed by PennyBurt, RN, JD, for the Texas Board ofNursing and accept the AuditRecommendations Nos. 1 through 9.Additionally the Board voted to instructStaff to utilize its best efforts toimplement recommendations Nos. 1through 9, unless SSN’s are determined tobe protected from disclosure asrecommended in No. 9 of the report.

    7.6. .Consideration ofProposedAmendments to22 Tex. Admin.Code § 214,Related toVocational NursingEducation and §215, Related toProfessionalNursing Education

    The Board considered the proposedamendments to §§214.1 & 215.1 GeneralRequirements, 214.2 & 215.2 Definitions,214.3 & 215.3 Program Development,Expansion and Closure, 214.4 & 215.4A p p r o v a l , 2 1 4 . 5 & 2 1 5 . 5P h i l o s o p h y / M i s s i o n a n dObjectives/Outcomes, 214.6 & 215.6Administration and Organization, 214.7 &215.7 Faculty, 214.8 & 215.8 Students,214.9 & 215.9 Program of Study, 214.10& 215.10 Clinical Learning Experiences,214.11 & 215.11 Facilities, Resources,and Services, 214.12 & 215.12 Recordsand Reports, and 214.13 & 215.13 TotalProgram Evaluation relating to Vocationaland Professional Nursing Education

    The Board voted to propose amendmentsto §§214.1 & 215.1 GeneralRequirements, 214.2 & 215.2 Definitions,214.3 & 215.3 Program Development,Expansion and Closure, 214.4 & 215.4A p p r o v a l , 2 1 4 . 5 & 2 1 5 . 5P h i l o s o p h y / M i s s i o n a n dObjectives/Outcomes, 214.6 & 215.6Administration and Organization, 214.7 &215.7 Faculty, 214.8 & 215.8 Students,214.9 & 215.9 Program of Study, 214.10& 215.10 Clinical Learning Experiences,214.11 & 215.11 Facilities, Resources,and Services, 214.12 & 215.12 Recordsand Reports, and 214.13 & 215.13 TotalProgram Evaluation relating to Vocationaland Professional Nursing Education andauthorize staff to publish in the TexasRegister for a 30-day comment period. Ifnegative comments are not received, thenadopt the amendments to Rules 214 and215 as proposed.

    7.8. Request forCharges from the

    The Board considered Staff’s request toissue charges to ACE related to (1) review

    The Board voted to issue charges to ACErelated to: (1) review and revision of the

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    Board to theAdvisoryCommittee onEducation

    and revision of the Differentiated EntryLevel Competencies (DELC), (2) study andrecommendations regarding the issuesinvolved with permitting a student whohas partially completed a professionalnursing educational program or graduatedfrom a professional nursing educationalprogram and then failed the NCLEX-RN®examination, to apply for licensure as avocational nurse in Texas by takingNCLEX-PN® examination, and (3) theaddition of clinical requirements forprograms outside Texas’ jurisdiction thatdo not require clinical learning experiencesto be included in the program of study andare wanting their graduates to be eligiblefor nursing licensure in Texas. The Boardalso discussed an additional charge toReview the revised Board processes foraddressing program’ overall pass rates hatare below 80% in relation to the SunsetAdvisory Commissions recommendation1.9.

    Differentiated Entry Level Competencies(DELC); (2) study and recommendationsregarding the issues involved withpermitting a student who has partiallycompleted a professional nursingeducational program or graduated from aprofessional nursing educational programand then failed the NCLEX-RN®examination, to apply for licensure as avocational nurse in Texas by takingNCLEX-PN® examination; (3) the additionof clinical requirements for programsoutside Texas’ jurisdiction that do notrequire clinical learning experiences to beincluded in the program of study; and (4)Review the revised Board processes foraddressing programs’ overall pass ratesthat are below 80% in relation to theSunset Advisory Commission’srecommendation 1.9.

    8. PROPOSEDBOARD ORDERS

    8.2. AgreedOrders

    The board voted to ratify the Agreed Orderwith the following result:

    Eliodoro Mendoza Rimando, RN #712003 Reprimand with Stipulations. Within oneyear of entry of this order Respondentshall successfully complete a boardapproved course in nursing jurisprudenceand ethics; a board approved course inmedication administration; a boardapproved course in physical assessment; aboard approved course in nursingdocumentation; and a board approvedcourse in Sharpening Critical ThinkingSkills”. Should Respondent choose topractice as a nurse in Texas, Respondentwill provide direct patient care andpractice in a hospital, nursing home, orother clinical setting under the followingstipulations for two years of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall have

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    AGENDA ITEM DISCUSSION ACTION

    direct supervision with employmentrestrictions for the first year ofemployment under t his order; and shallhave in-direct supervision withemployment restrictions for the remainderof the stipulation period.

    ADJOURNMENT Having completed this day’s business themeeting adjourned at 4:53 p.m.

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    TEXAS BOARD OF NURSING

    Regular Meeting

    Friday, July 18, 20088:35 a.m. - 1:24 p.m.333 Guadalupe, Tower II, Room 225Austin, Texas

    Present:Linda RoundsDeborah BellKristin K. BentonSheri CrosbyMarilyn DavisRichard Robert GibbsRachel GomezBrenda JacksonBeverley Nutall

    Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsJames “Dusty” Johnston, General Counsel John Legris, Assistant General CounselVictoria Cox, Assistant General CounselMary Beth Thomas, Director of NursingAllison Hassinger, Administrative AssistantJolene Zych, Nursing ConsultantVirginia Ayars, Nursing ConsultantJanice Hooper, Nursing ConsultantRobbin Wilson, Nursing ConsultantCarol Marshall, Nursing ConsultantKim Williamson, Nursing ConsultantDorothy Joy, Nursing ConsultantDenise Benbow, Nursing ConsultantBruce Holter, Information SpecialistTawnya Smith, Information Technology SpecialistBill Ray, Information Technology Specialist

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    AGENDA ITEM DISCUSSION ACTION

    CALL TO ORDER Linda Rounds called the meeting to orderat 8:35 a.m, Friday, July 18, 2008.

    ROLL CALL Board Members Blanca Rosa Garcia, PattiClapp, George Buchenau, Jr., and MaryJane Salgado were absent, all othermembers were present. A quorum wasestablished.

    1.ADMINISTRATION 1.4. StrategicPlan Update

    Katherine Thomas presented the finalStrategic Plan to the Board.

    The Board voted to approve the finalstrategic plan for fiscal years 2009-2013.

    2. OPERATIONS 2.3. LegislativeAppropriationsRequest for FiscalYears 2010 and2011 - PrioritizeIssues andAssociated Costs

    Mark Majek presented the list of itemsprioritized by the Board at the April, 2008board meeting and provided the costbreakdown within each goal set out in theappropriations. Mark Majek discussed oneaddition to the list of items prioritized atthe April, 2008, board meeting.

    The Board voted to approve staffrecommendations for the list of LARprioritized issues with costs associated forthe 2010 and 2011 LegislativeAppropriations Request which include thecurrent 2008/2009 base funding andrevised exceptional items as presented bystaff.

    5. COMMITTEEREPORTS 5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.5. Taxonomyof Error RootCause analysis ofPracticeResponsibilities(TERCAP)

    Mary Beth Thomas and Skyler Caddellpresented a power point presentation tothe Board on TERCAP.

    This was an informational item only. Noaction.

    5.3.6. HealthAlliance SafetyPartnershipUpdates

    MaryBeth Thomas reviewed the updateson the Health Alliance Safety Partnershipwith the Board.Debora Simmons, RN and Krisanne Graves,RN were present to answer questions.

    This was an informational item only. Noaction.

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    AGENDA ITEM DISCUSSION ACTION

    7. NEW BUSINESS 7.2. ItemsRelated to SunsetBill HB2426 7.2.1.Consideration ofApproval ofNational NursingAccreditingAgencies and anEducationGuideline OutliningSpecificExemptions fromEducation RuleRequirements forNursing EducationPrograms HoldingVoluntary NationalNursingAccreditation

    The Board considered the staffrecommendation concerning approval ofnational nursing accrediting agencies andan education guideline providing specificexemptions from education rulerequirements for nursing educationalprograms holding voluntary nationalnursing accreditation related to NPASection 301.157(b)(5) requiring that theBoard select one or more national nursingaccrediting agencies to accredit nursingprograms.

    The Board voted to accept theCommission on Collegiate NursingEducation (CCNE) and the National Leaguefor Nursing Accrediting Commission(NLNAC) as the nursing accrediting bodiesthat generally have acceptable standardsto accredit schools of nursing andeducation programs, but retain oversightof a limited number of education rulespertaining to patient safety andjurisprudence, and endorse theexemptions outlined in this report andapprove the guideline for specificexemptions from education rulerequirements for nursing educationalprogram holding voluntary national nursingaccreditation to ensure the Board willretain oversight of educationalrequirements related to patient safety andjurisprudence. This guideline will bereviewed periodically and will be subject torevision by board staff as necessary.

    7.2.2.Consideration ofan EducationGuidelineDelineating theOverallResponsibilities ofthe TexasWorkforceCommission,Texas HigherEducationCoordinatingBoard, and TexasBoard of Nursingin the StreamlinedInitial ApprovalProcess forNursingEducationalPrograms

    The Board considered the request forconsideration of approval for an educationguideline delineating the overallresponsibilities of the Texas WorkforceCommission (TWC), Texas HigherEducation Coordinating Board (THECB),and Texas BON in the streamlined initialapproval process for nursing educationalprograms.

    The Board voted to approve the attachededucation guideline delineating the overallresponsibilities of the TWC, THECB, andTexas BON in the initial approval processfor nursing educational programs and postthis education guideline on the Texas BONweb site.

    7.2.3.Consideration of a

    T h e B o a r d c o n s i d e r e d t h eprocess/education guideline allowing for

    The Board voted to approve the TexasBON education guideline, outlining the

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    AGENDA ITEM DISCUSSION ACTION

    Process/EducationGuideline Allowingfor Board Approvalof Hospital-BasedDiploma Programs

    Texas Board of Nursing (BON) approval ofhospital-based diploma programs inresponse to the Sunset AdvisoryC o m m i s s i o n r e c o m m e n d a t i o n ,Management Action 1.8.

    proposal process for approval of hospital-based diploma programs in response to theSunse t Adv i so r y Commis s i onrecommendation, Management Action 1.8.This guideline will be reviewed periodicallyand subject to revision by board staff asnecessary.

    7.3.Consideration ofProposedAmendments to22 Tex. Admin.Code § 221.4,Relating toRequirements forFull Authorizationto Practice;§221.5, Relatingto ProvisionalAuthorization; and§221.6, Relatingto InterimApproval

    The Board considered the request topropose amendments to Rules 221.4,221.5, and 221.6 for the purpose ofaligning Rule 221 with Chapter 305 of theNursing Practice Act [the AdvancedPractice Registered Nurse (APRN)Compact] and national standards.

    The Board voted to approve the proposedamendments to Rules 221.4, 221.5 and221.6 as indicated in the attachment andrequire staff to publish the proposedrevision in the Texas Register with acomment period of 30 days. If no negativecomments are received, staff may publishthe revision as adopted.

    7.4.Consideration ofProposedAmendments to22 Tex. Admin.Code § 217.17,Relating to theJurisprudenceExam

    The Board considered the amendments toRule 217.17 to implement therecommendations made by the SunsetAdvisory Commission regarding the Boardof Nursing Jurisprudence Exam.

    Sheri Crosby abstained from the vote onthis agenda item.The Board voted to propose amendmentsto Rule 217.17 and authorize staff topublish it in the Texas Register with acomment period of 30 days. If no negativecomments are received, adopt and publishthe amendments in the Texas Register.The board authorizes staff legal counsel tomake non-substantive language changes,if necessary, for clarification purposes.

    7.5. Consideration ofProposedAmendment to 22Tex. Admin.