Board Meetings

Regular Meeting - April 20-21, 2017

Agenda

Section 46.035 of the Texas Penal Code prohibits handgun licensees from carrying their
handguns at government meetings such as this one. This prohibition applies to both concealed
carry and open carry by handgun licensees. Handgun licensees are required by law to refrain
from carrying their handguns at this meeting.
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All related meeting materials are available in Adobe Acrobat format

CALL TO ORDER - 8:30 a.m.

REVIEW OF AGENDA pdf

REVIEW OF THE MINUTES: January 19-20, 2017 Board Meeting

CONSENT AGENDA:

1.2.1. Update of Pending Litigation in the Matters of:

Ex Parte Brian Zalesky, Cause No. D-1-EX-09-000516, 427th Judicial District Court, Travis County, Texas; Valerie Green vs. Texas Board of Nursing; Katherine Thomas, Executive Director; James W. Johnson, General Counsel; Anthony L. Diggs, Director of Enforcement Division and Theft; Jenna Able, Assistant General Counsel; Kara Holsinger; Cause No. D-1-GN-15-005628, in the 53rd Judicial District Court, Travis County, Texas;
Stanley Payne, Plaintiff, vs. Texas Board of Nurse Examiners a/k/a Texas Board of Nursing,
Defendant, Cause No. D-1-GN-12-003072, in the 126th Judicial District Court, Travis County, Texas;
Davina Danielle Moore vs. Texas Board of Nursing, D-1-GN-14-002109, In the 126th District Court,
Travis County, Texas;
Rosemary Hall, BSN, RN v. Texas Board of Nursing and State Office of Administrative Hearings, Cause
No. D-1-GN-15-002832, 126th District Court of Travis County; and
Amy Jeanette Banda vs. Texas Board of Nursing, Cause No. D-1-GN-15-005691; In the 98th Judicial
District, Travis County, Texas.
The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to §551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in these Matters. The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to §551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in these Matters

2.1. Financial Statement – 2ND Quarter, Fiscal Year 2017 - MMajek/LPerez
3.2.1. Status Report on New Nursing Education Programs and Currently Active and Potential Proposals - JHooper
3.2.2. Status Report on Programs with Sanctions - JHooper
3.2.3. Report on Communication Activities with Nursing Education Programs - SLee
3.2.4. Consideration of Reports of Survey Visits

3.2.4.a. Galen College of Nursing in San Antonio, Texas – Baccalaureate Degree Nursing Education Program– VAyars
3.2.4.b. Lamar State College in Port Arthur, Texas – Associate Degree Nursing Education Program – SLee
3.2.4.c. Lamar State College in Port Arthur, Texas–Vocational Nursing Education Program - SLee
3.2.4.d. Ranger College in Early, Texas – Associate Degree Nursing Education Program – SLee
3.2.4.e. Ranger College in Early, Texas – Vocational Nursing Education Program – SLee

3.2.5. Consideration of Change in Approval Status from Initial with Warning To Full Approval and Consideration of Report of Survey Visit – Vocational Nursing Institute in Houston, Texas - VAyars
3.2.6. Consideration of Change in Approval Status from Full Approval to Full Approval with Warning
- 3.2.6.a. Fortis Institute in Grand Prairie, Texas – Vocational Nursing Education Program - GVarnell
- 3.2.6.b. Joe G. Davis in Huntsville, Texas – Vocational Nursing Education Program - SLee
- 3.2.6.c. Schreiner University in Kerrville, Texas – Vocational Nursing Education Program - VAyars
- 3.2.6.d. Valley Grande Institute for Academic Studies in Weslaco, Texas – Vocational Nursing Education Program - JHooper
- 3.2.6.e. Vernon College in Wichita Falls, Texas – Vocational Nursing Education Program – SLee
4.1. Criminal Background Check Update – TDiggs
4.2. Complaint Status Report - TDiggs
5.1.1. Eligibility and Disciplinary Committee - JWJohnston
5.1.2. Quarterly Statistical Report – 2ND Quarter, Fiscal Year 2017 - MMajek/KThomas
6.1. Nurse Licensure Compact Update - KThomas
7.1. Texas Peer Assistance Program for Nurses (TPAPN)

7.1.1. TPAPN Quarterly Report - CZolnierek
7.1.2 Texas Peer Assistance Program for Nurses Third Part Referral Report – TDiggs

7.2. Review of the Health Professions Council Annual Report for Fiscal Year 2016 - KThomas
7.3. Adoption of Rule Review of 22 Tex. Admin. Code Chapters 214, 215, and 222 - JVanderford
8.1. Agreed Orders
8.2. Agreed Orders - KSTAR Program
8.3. Deferred Agreed Orders
8.4. Reinstatement Agreed Orders
8.5. Eligibility Agreed Orders
8.7. Default ALJ Proposals for Decision

8.7.1. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
agreements, if any, and Board action: In the Matter of Permanent Certificate RN# 701528, Issued to
DEAN RUBIALES LAQUI, SOAH Docket No. 507-17-0281 – JAbel
8.7.2. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#323087, Issued to
TIFFANY SUMMER PHELPS, SOAH Docket No. 507-15-5350 – JAbel

1. ADMINISTRATION

*1.1. Executive Director’s Report - KThomas
1.2. Legal - JWJohnston

C *1.2.1. Update of Pending Litigation in the Matters of:

Ex Parte Brian Zalesky, Cause No. D-1-EX-09-000516, 427th Judicial District Court, Travis
County, Texas;
Valerie Green vs. Texas Board of Nursing; Katherine Thomas, Executive Director; James W.
Johnson, General Counsel; Anthony L. Diggs, Director of Enforcement Division and Theft;
Jenna Able, Assistant General Counsel; Kara Holsinger; Cause No. D-1-GN-15-005628, in
the 53rd Judicial District Court, Travis County, Texas;
Stanley Payne, Plaintiff, vs. Texas Board of Nurse Examiners a/k/a Texas Board of Nursing,
Defendant, Cause No. D-1-GN-12-003072, in the 126th Judicial District Court, Travis County,
Texas;
Davina Danielle Moore vs. Texas Board of Nursing, D-1-GN-14-002109, In the 126th District
Court, Travis County, Texas;
Rosemary Hall, BSN, RN v. Texas Board of Nursing and State Office of Administrative
Hearings, Cause No. D-1-GN-15-002832, 126th District Court of Travis County; and
Amy Jeanette Banda vs. Texas Board of Nursing, Cause No. D-1-GN-15-005691; In the 98th
Judicial District, Travis County, Texas.
The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to
§551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in
these Matters.

*1.3. Legislative Update - KThomas/BHolter

2. OPERATIONS

C *2.1. Financial Statement – 1ST Quarter, Fiscal Year 2017 - MMajek/LPerez

3. NURSING

3.1 Practice
- *3.1.1. Promoting Competency Report – LLaws
- *3.1.2. Report on Implementation of the Knowledge Skills Training Assessment and Research (KSTAR) Pilot - KBenton/SCaddell
3.2. Education
- *3.2.1. Report on New Nursing Education Programs and Active and Potential Proposals -JHooper
  C *3.2.2. Status Report on Programs with Sanctions - JHooper
- C *3.2.3. Report on Communication Activities with Nursing Education Programs - SLee
- 3.2.4. Consideration of Reports of Survey Visit
- C *3.2.5. Consideration of Change in Approval Status from Initial with Warning To Full Approval and Consideration of Report of Survey Visit – Vocational Nursing Institute in Houston, Texas - VAyars
- 3.2.6. Consideration of Reports of Survey Visits:
  - C *3.2.6.a. Fortis Institute in Grand Prairie, Texas – Vocational Nursing Education Program - GVarnell
  - C *3.2.6.b. Joe G. Davis in Huntsville, Texas – Vocational Nursing Education Program - SLee
  - C *3.2.6.c. Schreiner University in Kerrville, Texas – Vocational Nursing Education Program - VAyars
  - C *3.2.6.d. Valley Grande Institute for Academic Studies in Weslaco, Texas – Vocational Nursing Education Program - JHooper
  - C *3.2.6.e. Vernon College in Wichita Falls, Texas – Vocational Nursing Education Program - SLee
- *3.2.7.Consideration of Change in Approval Status from Initial/Full Approval with Warning to Conditional Approval
- 3.2.8. Consideration of Summary of Self-Study Reports for Vocational Nursing Education Programs for 2016– VAyars
- *3.2.9. Report of 2016 NCLEX-PN® Examination Pass Rates for Vocational Nursing Education Programs - JHooper
- 3.2.10. Consideration of Proposal to Establish a New Nursing Education Program
  - *3.2.10.a. Stephen F. Austin State University in Nacogdoches, Texas – Family Nursing Practitioner Program – GVarnell
  - *3.2.10.b. Tarrant County College in Fort Worth, Texas – Vocational Nursing Education Program – GVarnell
  - *3.2.10.c. American Medical Institute in Houston, Texas – Vocational Nursing Education Program – JHooper/SLee

4. ENFORCEMENT

C *4.1. Criminal Background Check Update - TDiggs
C*4.2. Report on Enforcement's Initiative to Address Complaint Backlog - TDiggs

5. COMMITTEE REPORTS

5.1. Board Committees
- C *5.1.1. Eligibility and Disciplinary Committee - JWJohnston
- C *5.1.2. Quarterly Statistical Report – 2ND Quarter, Fiscal Year 2017 - MMajek/KThomas
- 5.1.3. Development and Evaluation - PClapp/DJackson

5.2. Advisory Committees/Task Forces
- 5.2.1. Advanced Practice Nursing Advisory Committee - KShipp/JZych/NBuckingham
- 5.2.2. Nursing Practice Advisory Committee - KLHorn/DFlores/DBenbow
- 5.2.3. Advisory Committee on Education - NAlmasy/APEdwards/DJackson/KBenton/VAyars
- 5.2.4. Advisory Committee on Licensure, Eligibility and Discipline - PClapp/JWJohnston/JAbel
- 5.2.5. Task Force to Study Implications of Growth of Texas Nursing Education Programs -
  APEdwards/LDisque/KBenton

5.3. Collaboration with Outside Agencies/Stakeholders
- 5.3.1. Statewide Health Coordinating Council Texas Center for Nursing Workforce Studies Advisory Committee - KThomas
- 5.3.2. Updates Related to the Texas Higher Education Coordinating Board, the Texas Workforce Commission, and the Texas Education Agency – KBenton/JHooper
- 5.3.3. National Council of State Boards of Nursing - Taxonomy of Error Root Cause Analysis of Practice Responsibility (TERCAP) - SCaddell
- 5.3.4. Texas Team Report - Robert Wood Johnson Initiative - SLee
- 5.3.5. National Council of State Boards of Nursing
- 5.3.6. Texas Health and Human Services Commission Individuals with Intellectual and Developmental Disabilities Stakeholder Workgroup on Nursing Scope of Practice- NAlmasy/KBenton/SCropley
- 5.3.7. Texas Health and Human Services Commission e-Health Advisory Committee - SCropley

Open Forum:

6. OLD BUSINESS

C *6.1. Nurse Licensure Compact Update - KThomas

7. NEW BUSINESS

7.1. Texas Peer Assistance Program for Nurses (TPAPN)
- C **7.1.1. Texas Peer Assistance Program for Nurses Quarterly Report – CZolnierek
- C *7.1.2. Texas Peer Assistance Program for Nurses Third Party Referral Report - TDiggs
- 7.1.3. Texas Peer Assistance Program for Nurses Advisory Committee - DBenbow
C *7.2. Review of the Health Professions Council Annual Report for Fiscal Year 2016 - KThomas
C *7.3. Adoption of Rule Review of 22 Tex. Admin. Code Chapters 214, 215, and 222 - JVanderford
*7.4. Consideration of Proposed Amendments to 22 Tex. Admin. Code §223.1, Relating to Fees – MMajek/JAbel
*7.5. Consideration of Proposed Amendments to 22 Tex. Admin. Code §213.34, relating to Deferred Discipline – JAbel
*7.6. Acknowledgement of Acceptance of Gift from the Estate of Anita Palmer Hackley – JWJohnston / JVanderford
*7.7. Consideration of Report #2017-1–Human Resource Management Audit–JStepp/MMajek/DBell/ KThomas
*7.8. Consideration of the National Council of State Boards of Nursing 2016 Commitment to Ongoing Regulatory Excellence CORE) Report - KThomas/MBThomas

8. PROPOSED BOARD ORDERS

C *8.1. Agreed Orders
Aguayo, Agustin Sierra RN# 561602 (DBell)

C *8.2. Agreed Orders-KSTAR Program
Scarber, Kimberly RN# 824504/ LVN# 207953
C *8.3. Deferred Agreed Orders
Palmer, Jeanette Yvonne LVN# 140453
Williams, Jeshanah LVN# 329827
C *8.4. Reinstatement Agreed Orders
Armendariz, Jennifer Nicole LVN# 198989
Farthing, Robbie Leann LVN# 157197
Harvey, Lana Gayle LVN# 164463
Joseph-Agnant, Duhamelle LVN# 222609
Porter, Deidre Williams RN# 815506
Walters, Christopher Michael LVN# 231368
C *8.5. Eligibility Agreed Orders
Ayers, Jacqueline Rosha LVN Exam Petitioner
Grant, Porsche Rena RN Exam Petitioner
Johnson, Rosie Lee RN Exam Petitioner
Willard (Torres), Crystal Jane LVN Exam Petitioner
Williams, Elbony Lashay RN Exam Petitioner
8.6. ALJ Proposals for Decision
- *8.6.1. Consideration of Proposal For Decision, Recommendations, Proposed Settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate RN# 811103 and LVN#206275, Issued to OLAJUWON AKINOLA, SOAH Docket No. 507-15-4403 - JAbel
- *8.6.2. Consideration of Proposal For Decision, Recommendations, Proposed Settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate RN#828174 and LVN#220704, Issued to DEBORAH OYOMA AKUNU, SOAH Docket No.507-16-3710 - JAbel
- **8.6.3. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate RN#743190, Issued to LISA LARUE BURCH, SOAH Docket 507-16-5703 - JAbel
- *8.6.4.Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate RN#798949, Issued to THAI L. RAMSEY, SOAH Docket 507-16-1941 - JAbel
- *8.6.5. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate RN#719413, Issued to CYNTHIA V. WILLIAMS, SOAH Docket 507-17-0104 - JAbel
8.7. Default ALJ Proposals for Decision
- C *8.7.1. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate RN# 701528, Issued to DEAN RUBIALES LAQUI, SOAH Docket No. 507-17-0281 - JAbel
- C *8.7.2. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#323087, Issued to TIFFANY SUMMER PHELPS, SOAH Docket No. 507-15-5350 – JAbel (DBell/NAlmasy/KLHorn)

9. MISCELLANEOUS

9.1. Board Items of Interest for Future Board Meetings
9.2. Board Development: Approval Process for New Nursing Education Programs - JHooper
*9.3. Review of the Board Quarterly Meeting Evaluation – KShipp
*9.4. Appointment of Board Members to the Eligibility and Disciplinary Committee for 2017 - KShipp/KThomas
9.5. Executive Director and Board Evaluations - KShipp/KThomas

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