Board Meetings - 2008

Regular Meeting AGENDA- January 17-18, 2008

FIRST SUPPLEMENTAL AGENDA

The Board's agendas, minutes and materials are available in Adobe Acrobat format. The Regular Board Meeting minutes are available for review in the next regular meetings agenda.

CALL TO ORDER - 8:30 a.m.

REVIEW OF AGENDA

REVIEW OF THE MINUTES: October 16-17, 2007 Board Retreat and October 18-19, 2007 Board Meeting

CONSENT AGENDA:

• 2.2. Continuing Education Pre-Renewal Audit Report/1ST Quarter, Fiscal Year 2008 - MM
• 3.2.1. Continuation of Approval Status Based on 2006 NCLEX-PN® Examination Pass Rates, Review of 2006 Annual Report and Review of Self Study - Victoria College at Victoria Evening, Vocational Nursing Educational Program - DJ
• 3.2.2. Notification of Consolidation of Vocational Nursing Educational Programs - Panola College at Carthage and Panola College at Shelby College in Center - JH
• 3.2.3. Report on the Streamlining of the Innovative Professional Education Pilot Programs Application and Approval Process - RW
• 5.1.1. Eligibility and Disciplinary Committee - JS
• 5.1.2. Strategic Planning/1ST Quarter Report - MM/KT
• 6.4. Adoption of Amendment to - 213.12, Relating to Witness Fees and Expenses - JS
• 6.5. Adoption of Amendments to Chapter 216 Relating to Continuing Education - CM/JS
• 6.6. Adoption of Amendments to Chapter 219, Relating to Advanced Practice Nurse Education - JZ
• 6.7. Adoption of Rule Reviews of Chapters 220 (Nurse Licensure Compact), 224 (Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute Care Environments), 225 (Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions), and 226 (Patient Safety Pilot Programs on Nurse Reporting Systems) - JS
• 7.1.1. TPAPN Quarterly Report
• 8.1. ALJ Proposal for Decision
• 8.2. Agreed Orders
• 8.3. Reinstatement Agreed Order
• 8.4. Eligibility Agreed Orders

1. ADMINISTRATION

• *1.1. Executive Director’s Report - KT
• 1.2. Legal - JWJ

*1.2.1. Report on Staff Approval of Applicants with Minor Criminal History - JWJ

*1.2.2. Update on Pending Litigation - Executive Session pursuant to - 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Michael Thompson v. Board of Nursing, Cause No. D-1-GN-07-004236 (Travis County); Tiffany Drake v. Board of Nursing, Cause No. 07-1991-336 (Grayson County); Basil Brown v. Board of Nursing (Petition for Discretionary Review); and Kathleen Davies v. Board of Vocational Nurse Examiners, GN-102115 (Travis County) - JWJ

• 1.3. Business Process Work Plan from the Office of the Governor - KT

2. OPERATIONS

• *2.1. Financial Statement - 1ST Quarter, Fiscal Year 2008 - MM
• C - *2.2. Continuing Education Pre-Renewal Audit Report - 1ST Quarter, Fiscal Year 2008 - MM

3. NURSING

• 3.1. Practice
• *3.1.1. Workshop Report - CM/DB
• 3.2. Education
• C - *3.2.1. Continuation of Approval Status Based on 2006 NCLEX-PN® Examination Pass Rates, Review of 2006 Annual Report and Review of Self Study - Victoria College at Victoria Evening, Vocational Nursing Educational Program - DJ
• C - *3.2.2. Notification of Consolidation of Vocational Nursing Educational Programs - Panola College at Carthage and Panola College at Shelby College in Center - JH
• C - *3.2.3. Report on the Streamlining of the Innovative Professional Education Pilot Programs Application and Approval Process - RW
• *3.2.4. Report on Strategies Utilized by Texas Nursing Educational Programs to Improve Candidates’ Performance on the NCLEX Examination - JH/MBT
• *3.2.5. Report on the Possible Impact of Repeat Test Takers on Nursing Educational Programs NCLEX Pass Rates - JH/RW
• *3.2.6. Petition to Request Extension of Faculty Waiver - Amarillo College, Associate Degree Nursing Educational Program - JH
• *3.2.7. Consideration of Application for Innovative Professional Nursing Education Pilot Program - Victoria College, Associate Degree Nursing Educational Program - DJ/RW
• *3.2.8. Public Hearing for Proposal to Establish a New Nursing Education Program - Galen Health Institute, Associate Degree Nursing Educational Program - DJ/JH

4. ENFORCEMENT

• *4.1. Criminal Background Check Update - TD

5. COMMITTEE REPORTS

• 5.1. Board Committees

C - *5.1.1. Eligibility and Disciplinary Committee - JS

C - *5.1.2. Strategic Planning/1st Quarter Report - MM/KT

5.1.3. Development and Evaluation - RaG

• 5.2. Advisory Committees/Task Forces

*5.2.1. Advanced Practice Nursing Advisory Committee - LR/JZ

5.2.2. Nursing Practice Advisory Committee - CM

*5.2.3. Advisory Committee on Education - BJ/RW

5.2.4. Task Force on Licensure, Eligibility and Discipline - JWJ

• 5.3. Collaboration with Outside Agencies/Stakeholders

5.3.1. Texas Peer Assistance Program for Nurses Advisory Committee - RW

5.3.2. Texas Nurses Association Competency Task Force - MBT

5.3.3. Statewide Health Coordinating Council Texas Center for Nursing Workforce Studies Advisory Committee - KT

*5.3.4. Texas Higher Education Coordinating Board Nursing Education Updates - MBT

5.3.5. Taxonomy of Error Root Cause Analysis of Practice Responsibilities (TERCAP) - MBT

*5.3.6. Health Alliance Safety Partnership Annual Report - MBT/DS

OPEN FORUM: Thursday, 1:30 p.m. - 2:00 p.m.

6. OLD BUSINESS

• *6.1. Nurse Licensure Compact Update - KT
• 6.2. Reports Related to Sunset bill HB2426

6.2.1 Status Report Relating to Selection of National Nursing Accrediting Agencies by the Board- DJ/JH/MBT

6.2.2. Status Report Relating to Streamlining of the Texas Board of Nursing’s Initial Approval Process for Nursing Education Programs - RW/VA/KN/MBT

6.2.3. Status Update Relating to Development of a Process Allowing for Board Approval of Hospital-Based Diploma Programs - RW/DJ/MBT

• 6.3. Rules Related to Sunset Bill HB2426

*6.3.1. Comments and Response to Comments on Proposed New Rule to - 217.13, Relating to Peer Assistance Program - JWJ/JS

*6.3.2. Comments and Response to Comments on Proposed Amendments to - 214.2 (Definitions), and Adoption of Amendments, as Proposed [no comments received], to - 214.3 (Program Development), 214.4 (Approval), 214.6 (Administration and Organization), and 214.12 (Records and Reports), Relating to Vocational Nursing Education - MBT/JH/DJ/RW/JS

*6.3.3. Comments and Response to Comments on Proposed Amendments to - 215.2 (Definitions), 215.3 (Program Development, Expansion and Closure), and 215.4 (Approval), and Adoption of Amendments, as Proposed [no comments received], to - 215.6 (Administration and Organization) and 215.12 (Records and Reports), Relating to Professional Nursing Education - MBT/JH/DJ/RW/JS

• C - *6.4. Adoption of Amendment to - 213.12, Relating to Witness Fees and Expenses - JS
• C - *6.5. Adoption of Amendments to Chapter 216 Relating to Continuing Education - CM/JS
• C - *6.6. Adoption of Amendments to Chapter 219, Relating to Advanced Practice Nurse Education - JZ
• C - *6.7. Adoption of Rule Reviews of Chapters 220 (Nurse Licensure Compact), 224 (Delegation of Nursing Tasks by Registered Professional Nurses to Unlicensed Personnel for Clients with Acute Conditions or in Acute Care Environments), 225 (Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions), and 226 (Patient Safety Pilot Programs on Nurse Reporting Systems) - JS
• *6.8. Withdrawal of Proposed New Rules 217.19 and 217.20 and Re-Proposal of New - 217.19 and 217.20, Relating to Incident-Based and Safe Harbor Peer Review, Respectively - CM/JS

7. NEW BUSINESS

• *7.1. Texas Peer Assistance Program for Nurses (TPAPN)

C - **7.1.1. Quarterly Report - MVD

• *7.2. Review of Position Statements - DB/CM

7.2.1. Current Position Statements with Conforming and Editorial Changes

15.1 Nurses Carrying Out Orders From Physician's Assistants

15.2 Role of the Licensed Vocational Nurse in the Pronouncement of Death

15.3 LVNs Engaging in Intravenous Therapy, Venipuncture, or PICC Lines

15.4 Educational Mobility

15.5 Nurses with the Responsibility for Initiating Physician Standing Orders

15.6 Board Rules Associated With Alleged Patient "Abandonment"

15.7 The Role of LVNs & RNs in Management and/or Administration of Medications via Epidural or Intrathecal Catheter Routes

15.8 The Role of the Nurse in Moderate Sedation

15.9 Performance of Laser Therapy by RNs or LVNs

15.10 Continuing Education: Limitations for Expanding Scope of Practice

15.11 Delegated Medical Acts 15.12 Use of American Psychiatric Association Diagnoses by LVNs, RN or APNs

15.12 Use of American Psychiatric Association Diagnoses by LVNs, RNs, or APNs

15.13 Role of the LVNs & RNs As School Nurses

15.14 Duty of a Nurse in Any Practice Setting

15.15 Board's Jurisdiction Over Nursing Titles and Practice

15.16 Development of Nursing Education Programs

15.17 Board of Nurse Examiners/Board of Pharmacy, Joint Position Statement, Medication Error

15.18 Nurses Carrying out orders from Advance Practice Nurses

15.19 Nurses Carrying Out Orders from Pharmacists for Drug Therapy Management

15.20 Registered Nurses in the Management of an Unwitnessed Arrest in a Resident in a Long Term Care Facility

15.21 Deleted 01/2005

15.22 APNs Providing Medical Aspects of Care for Themselves or Others With Whom There is a Close Personal Relationship

15.23 The RNs Use of Complementary Modalities

15.24 Nurses Engaging In Reinsertion of Permanently Placed Feeding Tubes

15.25 Administration of Medication & Treatments by LVNs

• *7.3. Consideration of Disciplinary Sanction Policies Revisions - JWJ

7.3.1. Disciplinary Sanctions for Sexual Misconduct

7.3.2. Disciplinary Sanctions for Fraud, Theft and Deception

7.3.3. Disciplinary Sanctions for Nurses with Chemical Dependency

7.3.4. Disciplinary Sanctions for Lying and Falsification

• *7.4. Consideration for Adding the Emergency Nurses Association (ENA) to the List of Approved CE Providers on BON’s “1-2-3's of CE” Brochure - CM
• *7.5. Request for a Charge from the Board to the Nursing Practice Advisory Committee Regarding Rule Review and Revision of Rule 217.16, Minor Incidents - DB/CM
• *7.6. Consideration of Proposed Amendment to - 223.1 (Fees), Relating to Reduction in Costs of FBI Criminal Background Checks - MM/JS
• *7.7. Action Items Related to Sunset Bill, HB2426

*7.7.1. Consideration of Policy Related to Practice Violations Related to Chemical Dependency - TD/KT

*7.7.2. Consideration of New Policy on Use of Technological Solutions to Improve Board Functions - TS/MM

8. PROPOSED BOARD ORDERS

• C - *8.1. ALJ Proposal for Decision
• C - *8.2. Agreed Orders

Alvarez, Anthony RN# 598142

Anderson, Donald Leo RN# 734491

Barnes, Vanessa R. RN# 537048

Bennett, James Richard LVN# 148150

Brackin, Anna E. LVN# 206285

Broussard, Mae Anna LVN# 171055

Cecil, Rebecca Joyce RN# 243745

Cohen, Lafonda Denise LVN# 130059

Delgado, Soila LVN# 151199

Devitt-Morgan, Margaret Mary RN# 677449

Ellison, Lorraine E. RN# 516621

Foster, Lori Giselle RN# 588438

Geter, Toleda LVN# 116292

Graham, Janet Lynn RN# 692678

Gray, Matthew Ryan LVN# 205148

Hamlett, Debra Sue LVN# 150277

Hayes, Roger Lee RN# 677385

Henderson, Mattie LVN# 164747

Holmesly, William Robert LVN# 156409

Hutslar, Sandra Lee LVN# 140185

Ketcham, Damian Lane RN# 672290

Lawrence, Geraldine Fay RN# 675719

Lopez-Smith, Dalinda RN# 577876

Lott, Norman Ray LVN# 207410

Martinez, Michael Antonio LVN# 148219

McBee, Terri Lynn LVN# 129474

McClain, Wendy Lee LVN# 184687

Mighty, Sheila Nicole LVN# 190977

Mizell, Vicky Lynn RN# 242473

Molina, Mary Elva LVN# 70101

Munguia, Oralia R. RN# 548097/ LVN# 107238

Nateghi, David Mir RN# 698331

Ohendalski, Susan Marie RN# 453834

Purkhiser, Celeste Patrish RN# 717232/LVN# 151343

Rico, Set Joshua RN# 737509

Rodriguez, Marco RN# 654450

Rogers, Donna Louise LVN# 182562

Ryerson, Norman Eric RN# 724249

Scott-Johnson, Christene RN# 526778

Shelton, Karen Suzanne RN# 249345

Sirtout, Melissa Marie LVN# 188098

Soto, Robin G. RN# 687140

Steagald, Charlene Renae LVN# 171901

Stout, Jeffery Allen RN# 610350

Taylor, Mark Aaron RN# 610028

Terrell, Valerie Jean RN# 573867

Virden, Nicole Danae RN# 702842

Villarreal, Robert LVN# 178463

Zamudio, Linette LVN# 114310

• *8.3. Reinstatement Agreed Orders

Bly, Terry Allison RN# 695077

• *8.4. Eligibility Agreed Orders

Bailey, Staci Deann LVN

Brown, Luisa Sanchez RN

Brown, Pamela Rae LVN

Cooper, Alicia LVN#168287

Fry, Rebecca Anne RN

Hines, Brandy Lorraine LVN

Macias, Myra RN

Pfaff, Sandra Jean RN

Silva Jr., Cristobal RN

Wickware, Tasheina R. LVN

• *8.5. Docket No. 507-07-3735, Petition for Declaratory Order of Tony Carlysle - JWJ

8.5.1. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-07-3735

8.5.2. Consideration of Staff’s Presentation and Recommendations for Disposition of Docket No. 507-07-3735, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law with Modifications Consistent with the Board’s Opinion

8.5.3. Consideration of Presentation and Recommendation by Tony Carlysle, Docket No. 507-07-3735

8.5.4. Executive Session pursuant to - 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; Petition for Declaratory Order of Tony Carlysle

8.5.5. Convene in Open Session to consider recommendations and take action: Petition for Declaratory Order of Tony Carlysle

• *8.6. Docket No. 507-07-3951, In the Matter of Permanent Certificate Number 577854, Issued to Raymond H. Lewis - JWJ

8.6.1. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-07-3951

8.6.2. Consideration of Staff’s Presentation and Recommendations for Disposition of Docket No. 507-07-3951, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law with Modifications Consistent with the Board’s Opinion

8.6.3. Consideration of Presentation and Recommendation by Raymond H. Lewis, Docket No. 507-07-3951

8.6.4. Executive Session pursuant to - 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; In the Matter of Permanent Certificate #577854 Issued to Raymond H. Lewis

8.6.5. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate #577854 Issued to Raymond H. Lewis

9. MISCELLANEOUS

• 9.1. Board Items of Interest for Future Board Meetings
• 9.2. Board Development: Studio 361, Paperless Training
• *9.3. Review of the Board Quarterly Meeting Evaluation - LR
• 9.4. Appointment of Board Member to attend NCSBN Mid-Year Meeting
• *9.5. Appointment of Board Member(s) to attend Informal Conferences for April, July and October, 2008
• *9.6. Appointment of Board Members to BON Committees for 2008

* - Written materials Sent from Office
** - Written materials Sent from third party
C - Item is placed on consent (no discussion of the material(s) required)