Regular Meeting - July 23-24, 2009
MEETING TO BE HELD AT THE DRISKELL HOTEL, LOCATED AT 604 BRAZOS ST., AUSTIN, TEXAS
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: April 23-24, 2009 Board Meeting
CONSENT AGENDA:
- 2.1. Financial Statement - 3RD Quarter, Fiscal Year 2009 - MM
- 2.2. Continuing Education Pre-Renewal Audit Report/3RD Quarter, Fiscal Year 2009 - MM
- 3.1.1. Workshop Report - DB/MH
- 3.2.1. Status Report on Inquiries, Proposals, and Approvals: New Nursing Educational Programs - VA/JH/PW/RW
- 3.2.2. Status Report on 2008 NCLEX Pass Rates for Texas Approved Nursing Educational Programs - RW
- 3.2.3. Notification of Continued Program Approval Status Based on 2008 NCLEX-RN® Examination Pass Rates - VA/JH/PW/RW
- 3.2.4. Notification of Continued Initial Program Approval Status - JH/PW/RW
- 3.2.5. Summary and Analysis of 2008 NEPIS Data Submitted by Texas BON Approved Vocational and Professional Nursing Educational Programs - VA
- 3.2.6. Report on Texas Board of Nursing New Dean, Director and Coordinator Orientation Workshop-VA
- 5.1.1. Eligibility and Disciplinary Committee - JWJ
- 5.1.2. Strategic Planning/3RD Quarter, Fiscal Year 2009 - MM/KT
- 6.2. Adoption of Amendments to - 223.1, Relating to Fees; - 217.2(a)(4)(B), Relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, it Territories, or Possessions; and - 217.4(a)(1)(B) and - 217.4(e), Relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States’ Jurisdictions - JA
- 7.1.1. TPAPN Quarterly Report
- 8.1. Agreed Orders
- 8.2. Reinstatement Agreed Orders
- 8.3. Eligibility Agreed Orders
1. ADMINISTRATION
2. OPERATIONS
3. NURSING
3.1. Practice
3.2. Education
- C - *3.2.1 Status Report on Inquiries, Proposals, and Approvals: New Nursing Educational Programs - VA/JH/PW/RW
- C - *3.2.2. Status Report on 2008 NCLEX Pass Rates for Texas Approved Nursing Educational Programs - RW
- C - *3.2.3. Notification of Continued Program Approval Status Based on 2008 NCLEX-RN® Examination Pass Rates - VA/JH/PW/RW
- C - *3.2.3.a. Full Approval with Commendation
- Associate Degree Nursing Educational Programs
Alvin Community College in Alvin, Texas - JH
Angelina College in Lufkin, Texas - VA
Angelo State University in San Angelo, Texas - JH
Austin Community College in Austin, Texas - RW
Blinn College in Bryan, Texas - RW
Brookhaven College in Farmers Branch, Texas - VA
Central Texas College in Killeen, Texas - JH
College of the Mainland in Texas City, Texas - JH
Collin County Community College in McKinney, Texas - VA
El Centro College in Dallas, Texas - PW
Grayson County College in Denison, Texas - RW
Hill College in Hillsboro, Texas - VA
Houston Baptist University in Houston, Texas - JH
Houston Community College in Houston, Texas - JH
Howard College in Big Springs, Texas - VA
Lamar University in Beaumont, Texas - RW
Laredo Community College in Laredo, Texas - JH
Lee College in Alvin, Texas - PW
Lone Star College - Cy-Fair in Cypress, Texas - RW
Lone Star College - Kingwood in Kingwood, Texas - RW
Lone Star College - Montgomery in Conroe, Texas - PW
Lone Star College - North Harris in Houston, Texas - VA
Lone Star College - Tomball in Tomball, Texas - PW
Navarro College in Corsicana, Texas - JH
North Central Texas College in Gainesville, Texas - RW
Odessa College in Odessa, Texas - VA
Panola College in Carthage, Texas - JH
Paris Junior College in Paris, Texas - PW
San Jacinto College South in Houston, Texas - VA
Tarrant County College in Fort Worth, Texas - JH
Temple College in Temple, Texas - VA
Texarkana College in Texarkana, Texas - VA
Trinity Valley Community College in Kaufman, Texas - PW
Tyler Junior College in Tyler, Texas - RW
University of Texas at Brownsville & Texas Southmost College in Brownsville, Texas - VA
Vernon College in Vernon, Texas - RW
Weatherford College in Weatherford, Texas - VA
Wharton County Junior College in Wharton, Texas - PW
- Baccalaureate Degree Nursing Educational Programs
Baylor University in Dallas, Texas - VA
East Texas Baptist University in Marshall, Texas - RW
Houston Baptist University in Houston, Texas - JH
Lamar University in Beaumont, Texas - RW
Patty Hanks Shelton School of Nursing in Abilene, Texas - JH
Prairie View A&M University in Houston, Texas - JH
Stephen F. Austin State University in Nacogdoches, Texas - PW
Texas Woman’s University in Denton, Texas - VA
University of Mary Hardin - Baylor in Belton, Texas - VA
University of Texas at Arlington in Arlington, Texas - PW
University of Texas at Austin in Austin, Texas - RW
University of Texas at Tyler in Tyler, Texas - RW
University of Texas Health Science Center at Houston in Houston, Texas - RW
University of Texas Pan American in Edinburg, Texas - VA
- Master’s Degree Nursing Educational Program
University of Texas - Austin, Texas Partial MSN
(Alternate Entry MSN Program) - RW
- C - *3.2.3.b. Full Approval
- Diploma Nursing Educational Program
Baptist Health System in San Antonio, Texas - PW
Covenant School of Nursing in Lubbock, Texas - VA
- Associate Degree Nursing Educational Programs
Amarillo College in Amarillo, Texas - JH
Cisco Junior College - Generic ADN in Abilene, Texas - PW
Cisco Junior College - LVN to ADN in Abilene, Texas - PW
Del Mar College in Corpus Christi, Texas - RW
El Paso Community College in El Paso, Texas - VA
Galveston College in Galveston, Texas - JH
Kilgore College in Kilgore, Texas - RW
Lamar State College - Orange in Orange, Texas - RW
Lamar State College - Port Arthur in Port Arthur, Texas - RW
McLennan Community College in Waco, Texas - JH
Midland College in Midland, Texas - PW
Northeast Texas Community College in Mt. Pleasant, Texas - PW
San Antonio College in San Antonio, Texas - VA
San Jacinto College Central in Pasadena, Texas - VA
South Plains College in Levelland, Texas - VA
South Texas College in McAllen, Texas - JH
Southwestern Adventist University in Keene, Texas - PW
Victoria College in Victoria, Texas - PW
- Baccalaureate Degree Nursing Educational Programs
Midwestern State University in Wichita Falls, Texas - RW
Tarleton State University in Stephenville, Texas -PW
Texas A&M International University in Laredo, Texas - JH
Texas A&M University at Corpus Christi in Corpus Christi, Texas - RW
Texas Christian University in Fort Worth, Texas - VA
Texas Tech University Health Science Center in Lubbock, Texas - PW
University of Texas Health Science Center at San Antonio in San Antonio, Texas - RW
University of Texas at El Paso in El Paso, Texas - VA
University of Texas Medical Branch at Galveston in Galveston, Texas - RW
University of the Incarnate Word in San Antonio, Texas - JH
West Texas A&M University in Canyon, Texas - VA
- C - *3.2.3.c. Conditional Approval
- Associate Degree Nursing Educational Program
St. Philip’s College in San Antonio, Texas - JH
- C - *3.2.4. Notification of Continued Initial Program Approval Status - JH/PW/RW
- Associate Degree Nursing Educational Programs
Baptist Health System in San Antonio, Texas - PW
Brazosport College in Lake Jackson, Texas - PW
Coastal Bend College in Beeville, Texas - RW
Dallas Nursing Institute in Dallas, Texas - RW
Galen College of Nursing in San Antonio, Texas - PW
Southwest Texas Junior College in Uvalde, Texas - JH
Texas State Technical College West Texas in Sweetwater, Texas - JH
- Baccalaureate Degree Nursing Educational Programs
Texas A&M University System Health Science Center in College Station, Texas - RW
University of Houston Victoria in Victoria and Sugarland, Texas - JH
Wayland Baptist University in San Antonio, Texas - JH
- C - *3.2.5. Summary and Analysis of 2008 NEPIS Data Submitted by Texas BON Approved Vocational and Professional Nursing Educational Programs - VA
- C - *3.2.6. Report on Texas Board of Nursing New Dean, Director, and Coordinator Orientation Workshop - VA
- 3.2.7. Proposed Change of Program Approval Status Based on 2008 NCLEX-PN Examination Pass Rate and Review of the 2008 NEPIS and CANEP
- *3.2.8. Proposed Change of Approval Status Based on 2008 NCLEX-PN Examination Pass Rate, Review of the 2008 NEPIS and CANEP, and Report of Survey Visit - American Medical Institute in Houston, Texas, Vocational Nursing Educational Program - RW
- *3.2.9. Petition for Waiver of Director Qualifications, Houston Community College in Houston, Texas, Associate Degree Nursing Educational Program - JH
- 3.2.10. Petition for Waiver of Faculty Qualifications
- 3.2.11. Public Hearings on Proposals to Establish New Nursing Educational Programs
4. ENFORCEMENT
5. COMMITTEE REPORTS
- 5.1. Board Committees
- 5.2. Advisory Committees/Task Forces
- *5.2.1. Advanced Practice Nursing Advisory Committee - LR/JZ
- 5.2.2. Nursing Practice Advisory Committee - BN/MD/DB/MH
- 5.2.3. Advisory Committee on Education - RW
- 5.2.3.a. Advisory Committee on Education - Differentiated Entry Level Competencies (DELC) Work Group-VA/PW
- 5.2.4. Advisory Committee 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. Nursing Competency Initiatives - DB/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 Updates - MBT
- 5.3.5. Taxonomy of Error Root Cause Analysis of Practice Responsibilities (TERCAP) - MBT
- 5.3.6. Texas Team Report, Robert Wood Johnson Nursing Education Capacity Expansion - KT
OPEN FORUM: Thursday, 1:30 p.m. - 2:00 p.m.
6. OLD BUSINESS
- *6.1. Nurse Licensure Compact Update - KT
- C - *6.2. Adoption of Amendments to - 223.1, Relating to Fees; - 217.2(a)(4)(B), Relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, it Territories, or Possessions; and - 217.4(a)(1)(B) and - 217.4(e), Relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States’ Jurisdictions - JA
- *6.3. Proposed Adoption of Repeal of 22 Tex. Admin. Code, Chapter 216, Pertaining to Continuing Education and New 22 Tex. Admin. Code, Chapter 216, Pertaining to Continuing Competency and Consideration of Written Comments Received, Oral Comments Received during Public Hearing Held on July 9, 2009, and Board Responses to Comments - JA
- *6.4. Commitment to Ongoing Regulatory Excellence (CORE) 2008 Report - KT
7. NEW BUSINESS
- 7.1. Texas Peer Assistance Program for Nurses (TPAPN)
- *7.2 Consideration of Peer Assistance Program for Nurses Contract - JWJ
- *7.3. Consideration of Modification of the Guideline of Specific Exemptions Pertaining to Administration and Organization from Education Rule Requirements for Nursing Educational Programs Holding Voluntary National Nursing Accreditation - JH
- *7.4. Consideration of Proposed Amendments to 22 Tex. Admin. Code - 213.23, Related to Decision of the Board - JA
- *7.5. Consideration of Rule Review for Chapter 227, Pertaining to Pilot Programs - JA
- *7.6. Consideration of Proposed Amendments to 22 Tex. Admin. Code - 213.20, Pertaining to Informal Proceedings and Alternate Dispute Resolution (ADR); - 213.29, Pertaining to Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters; - 213.30, Pertaining to Declaratory Order of Eligibility for Licensure; and - 213.33, Pertaining to Factors Considered for Imposition of Penalties/Sanctions and/or Fines - JA
- *7.7. Consideration of Proposed Amendments to 22 Tex. Admin. Code - 213.32, Pertaining to Schedule of Administrative Fine(s) and - 211.7, Pertaining to Executive Director; and Consideration For Authorizing Emergency Adoption of Amendments to 22 Tex. Admin. Code - 213.32, Pertaining to Schedule of Administrative Fine(s) and - 211.7, Pertaining to Executive Director, if Proposed Amendments Cannot Be Adopted by September 1, 2009 - JA
- 7.8. Consideration of Proposed Amendments to 22 Tex. Admin. Code - 223.1, Related to Fees - MM
8. PROPOSED BOARD ORDERS
- C - *8.1. Agreed Orders
- Adams, Adriana LVN# 192743
- Allmon, Jean E. RN# 643553
- Anderson (Estes), Becky Marie LVN# 132641
- Argo, Jo Ann RN# 559062
- Ash, Jeanne RN# 661406 / LVN# 161494
- Bailey, Patricia Ann RN# 641634 / LVN# 139776
- Becerra Christina D. LVN# 84264
- Bell, Carolyn Sue LVN# 157933
- Bishop, Phillip Brad LVN# 170879
- Ceballos, Beatriz LVN# 162935
- Christian, Robert RN# 676651
- Clement, Carol Ann RN# 598192
- Collier, Janice Faye RN# 639634 / LVN# 137100
- Dormier, Susan Denise LVN# 139988
- Felipe (Cua), Ma Elizabeth L. RN# 569620 / LVN# 120318
- Freeman, Vera Kathryn RN# 571847 / LVN# 77070
- Fuentes, Angelita M. LVN# 87996
- Gonzalez, Terry Rose RN# 582568
- Griego, Miguel Angel RN# 732624 / LVN# 203701
- Hargrave, Sarah Melissa RN# 683576
- Henley, Anastasia Katharen RN# 695774
- Hernandez, Francisco A. LVN# 157478
- Hester, Crystal Carleen LVN# 191278
- Hodge, Bridgett Phana LVN# 219180
- Hughes, Kelly J. RN# 687569
- Hunking, Mary Fohey RN# 689375
- Johnson, Penny Candy RN# 671368
- Kelly, Jacqueline Marie RN# 547115
- Lopez, Mario B. RN# 522161 / LVN# 102147
- Marquez, Irene Calanche RN# 667794 / LVN# 174435
- Martinez, Anthony RN# 652063
- Mayberry, Fredda Anette LVN# 120524
- McMahan, Jack Thomas RN# 632168
- McRaven, Tracy Neal RN# 636604
- Mesch, Lisa Ann RN# 254432
- Montague, Candice Denise LVN# 192335
- Moody, Ashlee Ruth LVN# 195005
- Moreno, Alfredo RN# 508425
- Murillo, Ginny Carmen LVN# 174352
- Norman, Mary Diane RN# 676224
- Osborne, Jennifer Morgan RN# 649633
- Perrine, Sheila Sue LVN# 178420
- Pevehouse, Christina RN# 696295 / LVN# 126784
- Ray, Melissa Lynn RN# 667711
- Reed, Christina Nacole LVN# 206513
- Salinas, Veronica Michelle LVN# 164027
- Shearin, Judy Elaine RN# 691851 / LVN# 177557
- Sodia, Carol Lynn LVN# 126170
- Soler, Jessica Christine LVN# 184553
- Sprayberry, Gregory Scott RN# 653469
- Strickland, Debra Kaye LVN# 103935
- Torres, Diana Lynn LVN# 168064
- Trigg, Kemberly Celeste LVN# 161284
- Usher, Tonye Teressa RN# 529163
- Wever, Kelly Jean RN# 739167
- Wickware, Monica Charlotte LVN# 178170
- White, Kris Alan LVN# 196449
- Williams, Kelly Johnson RN# 731923
- Willis, Jason M. RN# 619375
- C - *8.2. Reinstatement Agreed Orders
- Ballentine, Sally Lyn RN# 603237
- Bushing, Tracie Elaine LVN# 129943
- Henderson, Mavis Navay RN# 567862 / LVN# 127652
- Hicks, Anita RN# 630084
- C - *8.3. Eligibility Agreed Orders
- Abbie, Laurinda Rashelle RN / LVN# 201942
- Decas, Anne Marie LVN
- Dolivera, Therese Marie RN
- Getman, Kimberly Matocha RN
- Gonzalez-Camarillo, Roberto LVN
- Graham, Donnice Evon LVN
- Kroen, Harry Robert RN / LVN# 144558
- Ledesma Jr., Jesus RN
- Michaels, Judy Chaney LVN
- Shepard, Michelle Kay LVN
- Peters, Sara Louise LVN
- Wheelen, Aimee Rebecca RN
- Wright, Tonya Evette LVN
- 8.4. ALJ Proposals for Decision
- *8.4.1. Docket No. 507-09-3505, In the Matter of Permanent Certificate LVN #115319, Issued to ARACELI GARCES - JA
- 8.4.1.a. Consideration of the Administrative Law Judge’s Order Granting Summary Disposition in Docket No. 507-09-3505
- 8.4.1.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-3505, Including Adoption of the Findings of Fact and Conclusions of Law contained in the Administrative Law Judge’s Order Granting Summary Disposition without Modifications
- 8.4.1.c. Consideration of Recommendation by ARACELI GARCES, Docket No. 507-09-3505
- 8.4.1.d. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; In the Matter of Permanent Certificate LVN #115319 Issued to ARACELI GARCES
- 8.4.1.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate LVN #115319 Issued to ARACELI GARCES
- *8.4.2. Docket No. 507-09-2053, In the Matter of Permanent Certificate LVN #146637, Issued to PAMELA R. JOHNSON - JA
- 8.4.2.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-09-2053
- 8.4.2.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-2053, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law without Modifications
- 8.4.2.c. Consideration of Recommendation by PAMELA R. JOHNSON, Docket No. 507-09-2053
- 8.4.2.d. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; In the Matter of Permanent Certificate LVN #146637 Issued to PAMELA R. JOHNSON
- 8.4.2.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate LVN #146637 Issued to PAMELA R. JOHNSON
- *8.4.3. Docket No. 507-09-3315, In the Matter of Permanent Certificate RN #611907, Issued to KAREN L. DAVIS- JA
- 8.4.3.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-09-3315
- 8.4.3.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-3315, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law without Modifications
- 8.4.3.c. Consideration of Recommendation by KAREN L. DAVIS, Docket No. 507-09-3315
- 8.4.3.d. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; In the Matter of Permanent Certificate RN #611907 Issued to KAREN L. DAVIS
- 8.4.3.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate RN #611907 Issued to KAREN L. DAVIS
- *8.4.4. Docket No. 507-08-2496, In the Matter of Permanent Certificate RN #243478, Issued to CATHY ANN ANDERSON- JA
- 8.4.4.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-08-2496
- 8.4.4.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-08-2496, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law with Clarifications
- 8.4.4.c. Consideration of Recommendation by CATHY ANN ANDERSON, Docket No. 507-08-2496
- 8.4.4.d. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; In the Matter of Permanent Certificate RN #243478 Issued to CATHY ANN ANDERSON
- 8.4.4.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate RN #243478 Issued to CATHY ANN ANDERSON
9. MISCELLANEOUS
- 9.1. Board Items of Interest for Future Board Meetings
- 9.2. Board Development: Just Culture Presentation by Scott Griffith, Chief Operating Officer, Outcome Engineering
- *9.3. Review of the Board Quarterly Meeting Evaluation - LR
- *9.4. Consideration of Delegates Appointed and Discussion of Action Items for the NCSBN Annual Meeting, August 12-14, 2009, Philadelphia, PA - LR/KT
- *9.5. Executive Session Pursuant to Tex. Gov’t Code Ann. - 551.074 (Texas Open Meetings Act) Regarding Personnel Matters: Annual Performance Evaluation of Katherine Thomas, Executive Director - DHB
- *9.6. Executive Session Pursuant to Tex. Gov’t Code Ann. - 551.074 (Texas Open Meetings Act) Regarding Personnel Matters: Annual Board Self-Evaluation - DHB
- *9.7. Appointment of Board Members to BON Advisory Committees for 2009-2010 - LR
- 9.8. Consideration of Proposed Dates and Topics for Board Retreat - KT/LR
* - Written materials Sent from Office
** - Written materials Sent from third party
C - Item is placed on consent (no discussion of the material(s) required)
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