Regular Meeting - April 22-23, 2010
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: January 21-22, 2010, Board Meeting
CONSENT AGENDA:
- 2.1. Financial Statement - 2ND Quarter, Fiscal Year 2010 - MMajek
- 2.2. Continuing Education Pre-Renewal Audit Report/2ND Quarter, Fiscal Year 2010 - MMajek
- 3.1.1. Workshop Report - BCone/MHester
- 3.2.1. Status Report on Inquiries, Proposals, and Approval Status of New Nursing Educational Programs and Status Report on Changed Approval Status of Existing Programs - JHooper/MBThomas
- 3.2.2. Confirmation of Continued Program Approval Status Based on 2009 NCLEX-RN® Examination Pass Rates and Review of 2009 Nursing Educational Program Information Survey (NEPIS), 2009 Compliance Audit of Nursing Educational Program (CANEP), and Accreditation Status - VAyars/RCaldwell/JHooper/PWaller
- 3.2.3. Proposed Change of Program Approval Status Based on 2009 NCLEX-RN® Examination Pass Rate - Baptist Health System in San Antonio, Texas - Associate Degree Nursing Educational Program - PWaller
- 5.1.1. Eligibility and Disciplinary Committee - JWJohnston
- 5.1.2. Strategic Planning/2ND Quarter, Fiscal Year 2010 - MMajek/KThomas
- 6.2. Adoption of Proposed Amendments to 22 Tex. Admin. Code - 213.33, Pertaining to Factors Considered for Imposition of Penalties/Sanctions - JAbel
- 6.3. Adoption of Proposed Amendments to 22 Tex. Admin. Code Chapter 222, Pertaining to Advanced Practice Nurses with Prescriptive Authority - JAbel
- 7.1.1. TPAPN Quarterly Report
- 8.1. Agreed Orders
- 8.2. Reinstatement Agreed Orders
- 8.3. Eligibility Agreed Orders
1. ADMINISTRATION
- *1.1. Executive Director's Report - KThomas
- 1.2. Legal - JWJohnston
- *1.2.1. General Counsel Report Regarding Issues Raised at Prior Board Meeting Including Propriety of Executive Sessions for State Office of Administrative Hearings Proposals for Decision; Best Practices for Board Member Recusals from Deliberations; and Authority of the Board to Police Attorney Decorum During Board Meetings - JWJohnston
- *1.2.2. Update on Pending Litigation - Executive Session pursuant to - 551.071(1) Texas Government Code, to discuss pending or contemplated litigation in the Matters of: Amy Bagley Krenek and Victor Lara v. Texas Board of Nursing, Cause No. D-1-GN-08-002763, In the 419th Judicial District, Travis County, TX; Amy Bagley Krenek RN, v. Texas Board of Nursing, Cause No. D-1-GN-09-001195, In the 419th Judicial District, Travis County, TX; Amy Bagley Krenek, RN, Robin Higgins, LVN v. Texas Board of Nursing, Cause No. D-1-GN-09-001195; In the 419th Judicial District, Travis County, TX; Greg Abbott, Attorney General of Texas v. Texas Board of Nursing, Cause No. 03-09-001540CV, In the Third Court of Appeals, Austin, TX (Appealed from the 345th District Court of Travis County, TX, Cause No. D-1-GN-07-002685); Texas Board of Nursing v. Greg Abbott, Attorney General of Texas, Cause No. D-1-GN-09-003960, In the 353rd Judicial District, Travis County, TX; Brian Zalesky v. Texas Board of Nursing, Cause No. D-1-GN-09-004403; In the 250th Judicial District, Travis County, TX; and Bonafacio Espinoza v. Texas Board of Nursing, Cause No. 219-05095-2009, In the 219th Judicial District, Collin County, TX - JWJohnston
- *1.3. Strategic Plan for Fiscal Years 2011-2015 - KThomas/MMajek
2. OPERATIONS
3. NURSING
- 3.1. Practice
- 3.2. Education
- C *3.2.1. Status Report on Inquiries, Proposals, and Approval Status of New Nursing Educational Programs and Status Report on Changed Approval Status of Existing Programs - JHooper/MBThomas
- C 3.2.2. Confirmation of Continued Program Approval Status Based on 2009 NCLEX-RN® Examination Pass Rates and Review of 2009 Nursing Educational Program Information Survey (NEPIS), 2009 Compliance Audit of Nursing Educational Program (CANEP), and Accreditation Status - VAyars/RCaldwell/JHooper/PWaller
- C *3.2.2.a. Full Approval with Commendation
Associate Degree Nursing Educational Programs
Alvin Community College in Alvin, Texas - JHooper
Angelina College in Lufkin, Texas - VAyars
Austin Community College in Austin, Texas - VAyars
Blinn College in Bryan, Texas - RCaldwell
Brookhaven College in Farmers Branch, Texas - PWaller
Central Texas College in Killeen, Texas - JHooper
College of the Mainland in Texas City, Texas - JHooper
Collin County Community College in McKinney, Texas - VAyars
El Centro College in Dallas, Texas - PWaller
Grayson County College in Denison, Texas - RCaldwell
Hill College in Hillsboro, Texas -VAyars
Houston Baptist University in Houston, Texas - JHooper
Houston Community College in Houston, Texas - JHooper
Howard College in Big Spring, Texas - VAyars
Kilgore College in Kilgore, Texas - RCaldwell
Lamar State College in Orange, Texas - RCaldwell
Lamar State College in Port Arthur, Texas - RCaldwell
Lamar University in Beaumont, Texas - RCaldwell
Laredo Community College in Laredo, Texas - PWaller
Lee College in Baytown, Texas - PWaller
Lone Star College - Cyfair in Cypress, Texas- PWaller
Lone Star College - Kingwood in Kingwood, Texas - PWaller
Lone Star College - Montgomery in Conroe, Texas - PWaller
Lone Star College - North Harris in Houston, Texas - PWaller
Lone Star College - Tomball in Tomball, Texas - PWaller
Navarro College in Corsicana, Texas - JHooper
North Central Texas College in Gainesville, Texas - RCaldwell
Northeast Texas Community College in Mt. Pleasant, Texas - RCaldwell
Paris Junior College in Paris, Texas - VAyars
San Jacinto College South in Houston, Texas - VAyars
South Plains College in Levelland, Texas - RCaldwell
Tarrant County College in Fort Worth, Texas - JHooper
Temple College in Temple, Texas - VAyars
Texarkana College in Texarkana, Texas - VAyars
Trinity Valley Community College in Kaufman, Texas - RCaldwell
University of Texas at Brownsville & Texas Southmost College in Brownsville, Texas - VAyars
Vernon College in Vernon, Texas - RCaldwell
Victoria College in Victoria, Texas - JHooper
Weatherford College in Weatherford, Texas - VAyars
Wharton County Junior College in Wharton, Texas - PWaller
Baccalaureate Degree Nursing Educational Programs
Baylor University in Dallas, Texas - VAyars
East Texas Baptist University in Marshall, Texas - VAyars
Houston Baptist University in Houston, Texas - JHooper
Lamar University in Beaumont, Texas - RCaldwell
Patty Hanks Shelton School of Nursing in Abilene, Texas - JHooper
Prairie View A&M University in Houston, Texas - JHooper
Southwestern Adventist University in Keene, Texas - PWaller
Stephen F. Austin State University in Nacogdoches, Texas - PWaller
Texas A&M International University in Laredo, Texas - JHooper
Texas A&M University in Corpus Christi, Texas - RCaldwell
Texas Christian University in Fort Worth, Texas - VAyars
Texas Woman’s University in Denton, Texas - VAyars
University of Mary Hardin - Baylor in Belton, Texas - VAyars
University of Texas at Arlington in Arlington, Texas - PWaller
University of Texas at Austin in Austin, Texas - RCaldwell
University of Texas at El Paso in El Paso, Texas - VAyars
University of Texas Health Science Center at Houston in Houston, Texas - RCaldwell
University of Texas Pan American in Edinburg, Texas - VAyars
University of Texas at Tyler in Tyler, Texas - RCaldwell
University of Texas Medical Branch at Galveston in Galveston, Texas - RCaldwell
Wayland Baptist University in San Antonio, Texas - JHooper
Master's Degree Nursing Education Program
University of Texas at Austin in Austin, Texas Partial MSN (Alternate Entry MSN Program) - RCaldwell
- C *3.2.2.b. Full Approval with No Recommendations and No Requirements
Diploma Nursing Educational Programs
Covenant School of Nursing in Lubbock, Texas - VAyars
Associate Degree Nursing Educational Programs
Amarillo College in Amarillo, Texas - JHooper
Angelo State University in San Angelo, Texas - JHooper
Del Mar College in Corpus Christi, Texas - RCaldwell
El Paso Community College in El Paso, Texas - VAyars
Galveston College in Galveston, Texas - JHooper
McLennan Community College in Waco, Texas - JHooper
Midland College in Midland, Texas - PWaller
Odessa College in Odessa, Texas - VAyars
Panola College in Carthage, Texas - JHooper
San Antonio College in San Antonio, Texas - VAyars
San Jacinto College Central in Pasadena, Texas - VAyars
South Texas College in McAllen, Texas - RCaldwell
Tyler Junior College in Tyler, Texas - RCaldwell
Baccalaureate Degree Nursing Educational Programs
Midwestern State University in Wichita Falls, Texas - PWaller
Tarleton State University in Stephenville, Texas - PWaller
Texas Tech University Health Science Center in Lubbock, Texas - PWaller
University of Texas Health Science Center at San Antonio in San Antonio, Texas - PWaller
University of the Incarnate Word in San Antonio, Texas - JHooper
- C *3.2.2.c. Continuing Initial Approval
Associate Degree Nursing Educational Programs
Brazosport College in Lake Jackson, Texas - PWaller
Coastal Bend College in Beeville, Texas - RCaldwell
Dallas Nursing Institute in Dallas, Texas - RCaldwell
Galen College of Nursing in San Antonio, Texas - PWaller
Southwest Texas Junior College in Uvalde, Texas - JHooper
Texas State Technical College West Texas in Brownwood, Texas - JHooper
Baccalaureate Degree Nursing Educational Program
Texas State University in Round Rock, Texas - PWaller
University of Houston-Victoria in Sugar Land, Texas - JHooper
Western Governors University in Houston, Texas - JHooper
- C *3.2.2.d. Continuing Conditional Approval
Associate Degree in Nursing Educational Program
St. Philip's College in San Antonio, Texas - JHooper
- C *3.2.3. Proposed Change of Program Approval Status Based on 2009 NCLEX-RN® Examination Pass Rate - Baptist Health System in San Antonio, Texas - Associate Degree Nursing Educational Program - PWaller
- *3.2.4. Report of Collaborative Survey Visit with the National League for Nursing Accrediting Commission (NLNAC) to Texas A&M International University Canseco School of Nursing in Laredo, Texas - JHooper
- *3.2.5. Report on a Partnership Between Covenant School of Nursing and Lubbock Christian University in Lubbock, Texas, Entitling Graduates of Covenant School of Nursing to Receive a Degree - VAyars/JHooper
- *3.2.6. Proposed Change of Program Approval Status Based on Preliminary 2010 NCLEX-RN® Examination Pass Rate and National Nursing Accreditation - Texas A&M Health Science Center in College Station, Texas - Baccalaureate Degree Nursing Educational Program - RCaldwell
- *3.2.7. Public Hearing on Proposal to Establish a New Nursing Educational Program - Concordia University Texas in Austin, Texas - Baccalaureate Degree Nursing Educational Program - VAyars/PWaller
- 3.2.8. Proposed Change of Program Approval Status Based on NCLEX-PN® Examination Pass Rate and Review of Survey Visit
- 3.2.9. Petition for Waiver of Director Qualifications
- 3.2.10. Proposed Change of Program Approval Status Based on 2009 NCLEX-RN® Examination Pass Rate and Review of 2009 NEPIS and CANEP
- 3.2.11. Report of Survey Visit
- *3.2.12. Discussion of Issues Related to Maintaining Standards in the Changing Environment of Nursing Education - JHooper/MBThomas
- *3.2.13. Consideration of Request for Expansion from Western Governors University - MBThomas/JHooper
- 3.2.14. Report on Communication Activities by Board Staff - RCaldwell
4. ENFORCEMENT
5. COMMITTEE REPORTS
- 5.1. Board Committees
- 5.2. Advisory Committees/Task Forces
- *5.2.1. Advanced Practice Nursing Advisory Committee - LRounds/JZych
- *5.2.2. Nursing Practice Advisory Committee - KLHorn/MDavis/BCone/MHester
- 5.2.3. Advisory Committee on Education - VAyars
- 5.2.4. Advisory Committee on Licensure, Eligibility and Discipline - JWJohnston/JAbel
- 5.3. Collaboration with Outside Agencies/Stakeholders
- 5.3.1. Texas Peer Assistance Program for Nurses Advisory Committee - DBenbow
- 5.3.2. Statewide Health Coordinating Council Texas Center for Nursing Workforce Studies Advisory Committee - KThomas
- 5.3.3. Texas Higher Education Coordinating Board Updates - MBThomas
- 5.3.4. Taxonomy of Error Root Cause Analysis of Practice Responsibilities (TERCAP) - MBThomas
- 5.3.5. Texas Team Report, Robert Wood Johnson Nursing Education Capacity Expansion - KThomas
- 5.3.6. National Council of State Boards of Nursing - KThomas
- 5.3.7. Center for Nursing Workforce Studies Selection Committee for House Bill 3961 - LRounds
OPEN FORUM: Thursday, 1:30 p.m. - 2:00 p.m.
6. OLD BUSINESS
7. NEW BUSINESS
- 7.1. Texas Peer Assistance Program for Nurses (TPAPN)
- *7.2. Consideration of Proposed Amendments to 22 Tex. Admin Code - 211.6, Pertaining to Committees of the Board and Proposed New - 213.34, Pertaining to Deferred Disciplinary Action Pilot Program - JAbel
- *7.3. Consideration of Proposed Amendments to 22 Tex. Admin Code - 223.1, Pertaining to Fees - JAbel
- *7.4. Consideration of Proposed Amendments to 22 Tex. Admin. Code - 213.30, Pertaining to Declaratory Order of Eligibility for Licensure; - 217.2, Pertaining to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions; - 217.4, Pertaining to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States’ Jurisdiction; and - 217.5, Pertaining to Temporary License and Endorsement - JAbel
- *7.5. Consideration of Proposed Amendments to 22 Tex. Admin. Code - 221.1, Pertaining to Definitions and - 221.3, Pertaining to Education - JAbel
- 7.6. Review of Position Statement - DBenbow
- *7.7. Discussion of Staff's Review Process for Minor Criminal History and Consideration of Incorporating Additional Criminal Behavior Into Current Policy - JAbel
- *7.8. Health Professions Council Annual Report - KThomas
8. PROPOSED BOARD ORDERS
- C *8.1. Agreed Orders
Aguilar, Rachel T. LVN# 199807
Andrade, Elizabeth Savage RN# 704307
Bridges, Kenneth RN# 629915
Burleson, Donna Marie RN# 723113
Chappell, Mickey Reynolds RN# 571371
Clayton, Bonnie L. LVN# 203637
Davis, Kimberly Dawn LVN# 198751
Fly, Martha Riley MSR - Mississippi RN# R858580
Galasso, Linda Rogers RN# 658349
Garcia, Amy Christine RN# 779214 / LVN# 162845
Jimenez, Andrea Luisa RN# 737441
Lewis, John William LVN# 191680
Madrid, Mandy Elizabeth LVN# 165333
Magro, Debra Lee RN# 625005
Miller, Lillian Carmen RN# 253081 / LVN# 84476
Moczygemba, Diana Lynn RN# 670500
Montes, Carl Ian RN# 655981
Nwanko, Okechukwu Matthew LVN# 189495
Riccard, Lois Helms LVN# 67667
Smith, Martin Lynn RN# 772845 / LVN# 194317
Sowell, Tina Gaye LVN# 127007
Stephens, Valesha RN# 642147
Vasandani, Kamal Ken RN# 676955
Watson, Rebecca Ann LVN# 167185
Williams, Cindi Stovall (aka Webb, Cynthia Gaye) RN# 660242 / LVN# 94114
- *8.1.1. Consideration of Agreed Order for Christine Morrison, CRNA, RN #644485, Currently Subject to a Temporary Suspension Order Entered by the Eligibility and Disciplinary Committee on February 9, 2010 - JWJohnston
- C *8.2. Reinstatement Agreed Orders
Bellamy, Carl J. RN# 245318 / LVN# 44869
Pyle, Mandy RN# 651777
Tuggle, Toni Leigh RN# 714102
- C *8.3. Eligibility Agreed Orders
Barrera, Francisco LVN
Perkins, Adrian Dwayne RN
Ramos, Mirejildo Trey RN
Stark, Heath Warren RN
- 8.4. ALJ Proposals for Decision
- *8.4.1. Docket No. 507-10-1302, In the Matter of Permanent Certificate LVN #168402, Issued to MADELINE M. GORDON - JAbel
- 8.4.1.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-10-1302
- 8.4.1.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-10-1302, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law without Modifications
- 8.4.1.c. Consideration of Recommendation by MADELINE M. GORDON, Docket No. 507-10-1302
- 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 #168402 Issued to MADELINE M. GORDON
- 8.4.1.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate LVN #168402 Issued to MADELINE M. GORDON
- *8.4.2. Docket No. 507-10-0211, In the Matter of Permanent Certificate RN #541423, Issued to ROSEANNE BONEWITZ DUNCAN - JAbel
- 8.4.2.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-10-0211
- 8.4.2.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-10-0211, 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 ROSEANNE BONEWITZ DUNCAN, Docket No. 507-10-0211
- 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 RN #541423 Issued to ROSEANNE BONEWITZ DUNCAN
- 8.4.2.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate RN #541423 Issued to ROSEANNE BONEWITZ DUNCAN
- *8.4.3. Docket No. 507-10-1300, In the Matter of Permanent Certificate RN #713310, Issued to ANITA MAXINE MITCHELL - JAbel
- 8.4.3.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-10-1300
- 8.4.3.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-10-1300, 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 ANITA MAXINE MITCHELL, Docket No. 507-10-1300
- 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 #713310 Issued to ANITA MAXINE MITCHELL
- 8.4.3.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate RN #713310 Issued to ANITA MAXINE MITCHELL
- *8.4.4. Docket No. 507-10-0109, In the Matter of Permanent Certificate LVN #169745, Issued to CRYSTAL J. CRITTENDEN - JAbel
- 8.4.4.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-10-0109
- 8.4.4.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-10-0109, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law without Modifications
- 8.4.4.c. Consideration of Recommendation by CRYSTAL J. CRITTENDEN, Docket No. 507-10-0109
- 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 LVN #169745 Issued to CRYSTAL J. CRITTENDEN
- 8.4.4.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate LVN #169745 Issued to CRYSTAL J. CRITTENDEN
9. MISCELLANEOUS
- 9.1. Board Items of Interest for Future Board Meetings
- 9.2. Board Development: State Office of Administrative Hearings - JWJohnston
- *9.3. Review of the Board Quarterly Meeting Evaluation - LRounds
- 9.4. Presentation of Results from the Texas Board of Nursing Employee Engagement Survey: Dr. Noel Landuyt, The University of Texas School of Social Work
- 9.5. Report of the Mid-Year Meeting of the National Council State Boards of Nursing - KThomas
- 9.6. Appointment of Board Member(s) and Designation of Delegates to Attend National Council Annual Meeting, August 10-13, 2010, Portland, OR - LRounds
- 9.7. Executive Director and Board Evaluation Process - LRounds
- *9.8. Appointment of Board Members to BON Committees for 2010 - LRounds
* - 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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