Board Meetings - 2010

Regular Meeting - January 21-22, 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: October 21, 2009 Board Retreat and October 22-23, 2009 Board Meeting

CONSENT AGENDA:

2.2. Continuing Education Pre-Renewal Audit Report/1st Quarter, Fiscal Year 2010 - MMajek
3.1.1. Workshop Report - BCone
3.2.2. Report on Texas Board of Nursing New Dean, Director, and Coordinator Orientation Workshop - RCaldwell
5.1.1. Eligibility and Disciplinary Committee - JWJohnston
6.2. Adoption of Amendments to 22 Tex. Admin. Code - 213.23, Pertaining to Decision of the Board - JAbel
6.3. Adoption of 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 - JAbel
6.4. Adoption of Amendments to 22 Tex. Admin. Code - 213.32, Pertaining to Schedule of Administrative Fine(s) and - 211.7, Pertaining to Executive Director - 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

*1.1.1. Follow Up Data and Information Requested at the October 2009 Board Meeting - KThomas

1.2. Legal - JWJohnston

1.2.1. Update on Pending Litigation - Executive Session pursuant to - 551.071(1), Texas Government Code, to discuss pending or contemplated litigation in the Matters of: Sandra Hernandez Meza, RN v. The Texas Board of Nursing and Katherine A. Thomas, Cause No. D-1-GN-08-003575, In the District Court 201st Judicial District, Travis County, TX; Amy Bagley Krenek and Victor Lara v. Texas Board of Nursing, Cause No. D-1-GN-08-002763, In the District Court 419th Judicial District, Travis County, TX; Amy Bagley Krenek RN, v. Texas Board of Nursing, Cause No. D-1-GN-09-001195, In the District Court 419th Judicial District, Travis County, TX; Greg Abbot, Attorney General of Texas v. Texas Board of Nursing, No. 03-09-00154-CV, 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); and Texas Board of Nursing v. Greg Abbott, Attorney General of Texas, In the District Court of Travis County, TX, 353rd Judicial District, Cause No. D-1-GN-09-003960 - JWJohnston

*1.3. Strategic Plan for Fiscal Years 2011-2015 - KThomas/MMajek

2. OPERATIONS

*2.1. Financial Statement - 1st Quarter, Fiscal Year 2010 - MMajek
C - *2.2. Continuing Education Pre-Renewal Audit Report - 1st Quarter, Fiscal Year 2010 - MMajek
*2.3. Request to Exceed Full Time Equivalent Employee Cap - MMajek

3. NURSING

3.1. Practice

C - *3.1.1. Workshop Report - BCone

3.2. Education

*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. Report on Texas Board of Nursing New Dean, Director, and Coordinator Orientation Workshop - RCaldwell
*3.2.3. Proposed Change of Program Approval Status Based on 2009 NCLEX-RN Examination Pass Rate and Impending Accreditation from the National League for Nursing Accrediting Commission - Wayland Baptist University Baccalaureate Degree Program - JHooper
**3.2.4. Public Hearing on Proposal to Establish a New Vocational Nursing Educational Program - Career Quest in San Antonio, Texas - VAyars/RCaldwell/JHooper
*3.2.5. Proposed Change of Approval Status Based on 2009 NCLEX-PN Examination Pass Rate and Report of Survey Visit - Universal Health Care in Fort Worth, Texas, Vocational Nursing Educational Program - VAyars/RCaldwell
*3.2.6. Notice of Closure of Baptist Health System Diploma Program in San Antonio, Texas - PWaller

4. ENFORCEMENT

*4.1. Criminal Background Check Update - TDiggs
*4.2. Texas Peer Assistance Program for Nurses Third Party Referral Report - TDiggs

5. COMMITTEE REPORTS

5.1. Board Committees

C - *5.1.1. Eligibility and Disciplinary Committee - JWJohnston
*5.1.2. Strategic Planning/1st Quarter, Fiscal Year 2010 - MMajek/KThomas
5.1.3. Development and Evaluation - RGibbs

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
5.2.3. Advisory Committee on Education - JHooper

5.2.3.a. Advisory Committee on Education - Differentiated Entry Level Competencies (DELC) Work Group - VAyars/PWaller
*5.2.3.b. Request for Charges from the Board Pertaining to the use of the HESI Exam; Rules 214.6(f) and 214.7(c); and Revision of Education Guideline 3.4.1.c. - JHooper/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. Attorney General 2009 Government Law and Liability Conference - LRounds
5.3.8. 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

*6.1. Nurse Licensure Compact Update - KThomas
C - *6.2. Adoption of Amendments to 22 Tex. Admin. Code - 213.23, Pertaining to Decision of the Board - JAbel
C - *6.3. Adoption of 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 - JAbel
C - *6.4. Adoption of Amendments to 22 Tex. Admin. Code - 213.32, Pertaining to Schedule of Administrative Fine(s) and - 211.7, Pertaining to Executive Director - JAbel
*6.5. Consideration of Adoption of Proposed Amendments to 22 Tex. Admin. Code - 213.33, Pertaining to Factors Considered for Imposition of Penalties/Sanctions and/or Fines, including the Adoption of the Disciplinary Matrix in Rule, Written Comments Received and Board Responses to Comments - JAbel
*6.6. Consideration of Adoption of Proposed Amendments to 22 Tex. Admin. Code Chapter 222, Pertaining to Advanced Practice Nurses with Prescriptive Authority, Written Comments Received and Board Responses to Comments - JAbel
*6.7. Review of SB 1415, Enacted by the 81st Legislature, Regular Session, Effective September 1, 2009, and Pilot Program on Deferral of Final Disciplinary Actions, Including Recommendations Regarding the Feasibility of Conducting a Pilot Program to Determine the Efficacy of Deferring Disciplinary Actions - JAbel/JWJohnston
6.8. Update on the Plan to Address Implications of Commitment to Ongoing Regulatory Excellence (CORE) 2008 Report - KThomas

7. NEW BUSINESS

7.1. Texas Peer Assistance Program for Nurses (TPAPN)

C - **7.1.1. Quarterly Report - MVanDoren
**7.1.2. Annual TPAPN Audit - JWJohnston/TDiggs/MVanDoren

*7.2. 2011 NCLEX-PN® Test Plan for the National Council Licensure Examination for Licensed Practical/Vocational Nurses - KThomas
*7.3. Department of Aging and Disability Services (DADS) Proposed Collaboration on Printed Distribution Media - BCone
7.4. Review of Position Statements - DBenbow

*7.4.1. Current Position Statements with No Changes

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
15.7 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
15.11 Delegated Medical Acts
15.13 Role of 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 Educational Programs
15.17 Texas Board of Nursing/ Board of Pharmacy, Joint Position Statement, Medication Error
15.18 Nurses Carrying out orders from Advance Practice Registered 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 APRNs Providing Medical Aspects of Care for Themselves or Others With Whom There is a Close Personal Relationship
15.24 Nurses Engaging in Reinsertion of Permanently Placed Feeding Tubes
15.25 Administration of Medication & Treatments by LVNs

*7.4.2. Current Position Statements with Editorial Changes

15.1 Nurses Carrying Out Orders From Physician’s Assistants
15.6 Board Rules Associated with Alleged Patient "Abandonment"
15.10 Continuing Education: Limitations for Expanding Scope of Practice
15.12 Use of American Psychiatric Associations Diagnoses by LVNs, RNs, or APRNs

7.5. Review and Discussion of House Bill 3961, Enacted by the 81ST Legislature, Regular Session, Effective June 19, 2009, Including Discussion and Review of the Occupations Code - 301.4551 and Board Policies and Procedures for Implementing a Temporary License Suspension Pursuant to - 301.4551 - JWJohnston/JAbel

8. PROPOSED BOARD ORDERS

C - *8.1. Agreed Orders

Balraj, Malathi Glorin RN# 724201
Bauersfeld, Jane P. RN# 544058
Boling, Dorothy Lynn RN# 707570
Brown, Jessie Gale RN# 622528 / LVN# 142953
Brown, Vicki Cheryl RN# 579847
Burton, Amanda Machelle LVN# 171287
Canton, Suzi Jo LVN# 165193
Cappadona, Jenna Cecilia LVN# 200244
Coulter, Celina Melissa LVN# 147592
Davis, Eddie Dean RN# 718009
Delope-Diaz, Lori Diaz RN# 629985
Fairchild, Cozetta Cheryl RN# 606269
Graham, Daniel Thomas RN# 729861
Gonzalez, Maria O. RN# 569578
Hoffman, Lynn Marie RN# 715231
Jackson, Mary Carolyn RN# 511047
Jones, Christi Dianne LVN# 178645
Jones, Kelli Lynn RN# 660668
Leal, Dina Ann LVN# 140272
McElroy, Robert W. RN# 615131
Molinar, Gilbert James RN# 245648 / LVN# 74609
Moore, Christie Brook RN# 702828
Morgan, Stephen Houston RN# 608696
Nivens, Janice Louise LVN# 176348
Perkins, E. Denise RN# 667925
Stewart, Angie Rachele LVN# 157523
Tynes, Angela Sue LVN# 204678
Vacante, Diane T. RN# 690211
Voss, Dacia Dorothea RN# 670393
Walburg, Theresa Joann RN# 718820

C - *8.2. Reinstatement Agreed Orders

Justice, Jo Ann LVN# 136700
Winkler, Veronica (Lindsey) RN# 657430 / LVN# 161084

C - *8.3. Eligibility Agreed Orders

Buckholt, Robert Thomas RN / LVN# 155515
Caraway, Lawrencya Evette LVN
Derrick, Tenisha Renee LVN
Donald, Hilary Monique RN
James, Bobby Allan LVN
Kelly, Amy Loretta RN
Kirton, Darla Corinne RN
Ramirez, Javier Alberto LVN
Steagald, Charlene Renea RN / LVN# 171901

8.4. ALJ Proposals for Decision

*8.4.1. Docket No. 507-09-3693, In the Matter of Multi-State Compact Privilege Associated with Virginia Registered Nurse License No. 0001136823, Issued to MARY GOLDEN GRAVATT - JAbel

8.4.1.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-09-3693
8.4.1.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-3693, Including Adoption of the Findings of Fact and Conclusions of Law contained in the Administrative Law Judge’s Proposal for Decision without Modifications
8.4.1.c. Consideration of Recommendation by MARY GOLDEN GRAVATT, Docket No. 507-09-3693
8.4.1.d. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation; In the Matter of Multistate Compact Privilege Associated with Virginia Registered Nurse License No. 0001136823, Issued to MARY GOLDEN GRAVATT
8.4.1.e. Convene in Open Session to consider recommendations and take action: In the Matter of Multistate Compact Privilege Associated with Virginia Registered Nurse License No. 0001136823, Issued to MARY GOLDEN GRAVATT

*8.4.2. Docket No. 507-09-3624, In the Matter of Permanent Certificate RN #712727, Issued to JESSE R. RODRIGUEZ- JAbel

8.4.2.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-09-3624
8.4.2.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-3624, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law with Modifications
8.4.2.c. Consideration of Recommendation by JESSE R. RODRIGUEZ, Docket No. 507-09-3624
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 #712727 Issued to JESSE R. RODRIGUEZ
8.4.2.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate RN #712727, Issued to JESSE R. RODRIGUEZ

*8.4.3. Docket No. 507-09-2374, In the Matter of Permanent Certificate LVN #168740, Issued to ROBIN R. HIGGINS- JAbel

8.4.3.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-09-2374
8.4.3.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-2374, Including Adoption of the Proposal for Decision’s Findings of Fact and Conclusions of Law with Modifications
8.4.3.c. Consideration of Recommendation by ROBIN R. HIGGINS, Docket No. 507-09-2374
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 LVN #168740 Issued to ROBIN R. HIGGINS
8.4.3.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate LVN #168740 Issued to ROBIN R. HIGGINS

*8.4.4. Docket No. 507-09-4669, In the Matter of Permanent Certificate RN #508055 and LVN#98387, Issued to DIANE L. DUNN- JAbel

8.4.4.a. Consideration of the Administrative Law Judge’s Proposal for Decision in Docket No. 507-09-4669
8.4.4.b. Consideration of Staff’s Recommendations for Disposition of Docket No. 507-09-4669, Including Adopting the Proposal for Decision’s Findings of Fact and Conclusions of Law without Modifications
8.4.4.c. Consideration of Recommendation by DIANE L. DUNN, Docket No. 507-09-4669
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 #508055 and LVN#98387, Issued to DIANE L. DUNN
8.4.4.e. Convene in Open Session to consider recommendations and take action: In the Matter of Permanent Certificate RN #508055 and LVN#98387, Issued to DIANE L. DUNN

9. MISCELLANEOUS

9.1. Board Items of Interest for Future Board Meetings
9.2. Board Development: Seton Clinical Education Center Clinical Simulation Demonstration
*9.3. Review of the Board Quarterly Meeting Evaluation - LRounds
9.4. Appointment of Board Member(s) to Attend National Council Mid-Year Meeting, March 8-10, 2010, Chicago, IL - 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)