Board Meetings

Regular Meeting - July 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.
____________________________________________________________________________________

All related meeting materials are available in Adobe Acrobat format

CALL TO ORDER - 8:30 am
REVIEW OF AGENDA pdf
REVIEW OF THE MINUTES: April 20-21, 2017 Board Meeting Minutes
CONSENT AGENDA:

OPEN FORUM: Thursday, July 20, 2017, 1:30 p.m. - 2:00 p.m.

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;
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; 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 - 3rd Quarter, Fiscal Year 2017 - MMajek/LPerez
3.1.1. Promoting Competency Report - LLaws
3.2.1. Status Report on New Nursing Education Programs and 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. Bell Tech Career Institute in Houston, Texas- Vocational Nursing Education Program - BSkloss/SLee
- 3.2.4.b. Cephas Center for Health Sciences in Dallas, Texas – Vocational Nursing Education Program – GVarnell
- 3.2.4.c. Concorde Career Institute in Grand Prairie, Texas – Vocational Nursing Education Program – GVarnell
- 3.2.4.d. Midland College in Midland, Texas – Associate Degree Nursing Education Program – BSkloss/VAyars
- 3.2.4.e. University of Texas Rio Grande Valley in Edinburg, Texas –Baccalaureate Degree Nursing Education
  Program–BSkloss/VAyars
3.2.5. Consideration of Notification of Voluntary Closing of a Nursing Education Program – Sul Ross University in
Alpine, Texas – Vocational Nursing Education Program - VAyars
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 – 3RD Quarter, Fiscal Year 2017 - MMajek/KThomas
6.1. Nurse Licensure Compact Update - KThomas
6.2. Update regarding Proposed Amendments to 22 Tex. Admin. Code §223.1, relating to Fees–JAbel
6.3. Adoption of Proposed Amendments to 22 Tex. Admin. Code §213.34, relating to Deferred Discipline–JAbel
7.1 Texas Peer Assistance Program for Nurses (TPAPN)

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

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#233576, Issued to SUZANNE
  ATKINSON, SOAH Docket No. 507-17-1178- 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 RN#740952, Issued to BROOKE BARRY,
  SOAH Docket No. 507-17-2773- JAbel
- 8.7.3. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate LVN#200068, Issued to APRIL MISHANE
  COSLETT, SOAH Docket No. 507-17-2659- JAbel
- 8.7.4. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate LVN#178976, Issued to SHERRY ANN
  HARDEO, SOAH Docket No. 507-17-0973- JAbel
- 8.7.5. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate LVN#227059, Issued to LAKRESHIA
  DESHUN HARMON, SOAH Docket No. 507-17-3015- JAbel
- Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate LVN#90358, Issued to TONA SUE JACKSON,
  SOAH Docket No. 507-17-0821- JAbel
- 8.7.7. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate RN#633959, Issued to CHANTEL LASHURN
  JILES, SOAH Docket No. 507-17-1774- JAbel
- 8.7.8. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate RN#681062, Issued to MARY NABILA MUMA,
  SOAH Docket No. 507-17-3197- JAbel
- 8.7.9. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate LVN#126862, Issued to ROBERT JOSEPH
  PALMA, SOAH Docket No. 507-17-0820- JAbel
- 8.7.10. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate RN#819758, Issued to JESUS MARTIN
  SANCHEZ, SOAH Docket No. 507-17-2772- JAbel
- 8.7.11. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if
  any, and Board action: In the Matter of Permanent Certificate RN#809957, Issued to DAKELIA SHANTA
  SIMPSON, SOAH Docket No. 507-17-0936- 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;
- 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; 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 – 3RD Quarter, Fiscal Year 2017 - MMajek/LPerez

3. NURSING

3.1. Practice
- C *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
- C *3.2.1. Status 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 Visits
  - C *3.2.4.a. Bell Tech Career Institute in Houston, Texas- Vocational Nursing Education Program - BSkloss/SLee
  - C *3.2.4.b. Cephas Center for Health Sciences in Dallas, Texas – Vocational Nursing Education Program – GVarnell
  - C *3.2.4.c. Concorde Career Institute in Grand Prairie, Texas – Vocational Nursing Education Program – GVarnell
  - C *3.2.4.d. Midland College in Midland, Texas – Associate Degree Nursing Education Program – BSkloss/VAyars
  - C *3.2.4.e. University of Texas Rio Grande Valley in Edinburg, Texas –Baccalaureate Degree Nursing Education Program–BSkloss/VAyars
  C *3.2.5. Consideration of Notification of Voluntary Closing of a Nursing Education Program – Sul Ross University in Alpine, Texas – Vocational Nursing Education Program - VAyars
- C *3.2.6. Report of Status of Teach-Out Agreement for Career Point College Students by National American University and Consideration of Report of Survey Visit to San Antonio, Texas and Austin, Texas Associate Degree and Vocational Nursing Education Programs - SLee/VAyars
- 3.2.7. Consideration of Proposal to Establish a New Nursing Education Program
  - *3.2.7.a. Texas State Technical College Harlingen in Harlingen, Texas – Associate Degree Nursing Education Program – JHooper/SLee
  - *3.2.7.b. Houston Baptist University in Houston, Texas – Master’s Degree in Nursing with Tracks in Pediatric Nurse Practitioner in Primary Care and in Family Nursing Practitioner – JHooper/GVarnell/JZych
- *3.2.8. Consideration of the Proposal to Establish a New Military Track Baptist Health System School of Health Professions in San Antonio, Texas Vocational Nursing Education Program – VAyars/JHooper/KBenton

4. ENFORCEMENT

C *4.1. Criminal Background Check Update - TDiggs
C *4.2. Complaint Status Report - TDiggs

5. COMMITTEE REPORTS

5.1. Board Committees
- C *5.1.1. Eligibility and Disciplinary Committee - JWJohnston
- C *5.1.2. Quarterly Statistical Report – 3RD 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 the 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
  - 5.3.3.a. Texas-Taxonomy of Error Root Cause Analysis of Practice Responsibility (TERCAP) Update- DBenbow/MTietze/MBThomas/KBento
- 5.3.4. Texas Team Report - Robert Wood Johnson Initiative - SLee
- 5.3.5. National Council of State Boards of Nursing
  - *5.3.5.a. Report on Annual NCSBN Delegate Assembly, to be held August 16-18, 2017, in Chicago, IL - KShipp
- 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

6. OLD BUSINESS

C *6.1. Nurse Licensure Compact Update - KThomas
C *6.2. Update Regarding Proposed Amendments to 22 Tex. Admin. Code §223.1, Relating to Fees – JAbel
C *6.3. Adoption of Proposed Amendments to 22 Tex. Admin. Code §213.34, relating to Deferred Discipline –JAbel>

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
*7.2. Consideration of Additional Proposed Board Approved Certifications- SCropley
*7.3. Consideration of Internal Audit Report #2017-2, Ethics Evaluation - JStepp / MMajek / DBell /
KThomas
*7.4. Consideration of the Appointee Invitation for the Government Law & Liability Conference 2017 –
KShipp/KThomas

8. PROPOSED BOARD ORDERS

C *8.1. Agreed Orders
- Akers, Christopher Matthew RN# 883460
  Akins, Qunnie Laverne LVN# 157127
  Aririele, Maureen Ifeoma LVN# 308679
  Ayers, Ceddric Duirden LVN# 196038
  Ayompe, Lesley Kalle LVN# 319107
  Balderson, Brenda Jean RN# 738511
  Bartgis, Evelyn Marie RN# 674262/ LVN# 170878
  Bouldin, Katresea Lafondra RN# 806101
  Burks, Tonya Rachelle RN# 786795/ LVN# 187018 (DBell)
  Campos, Delia LVN# 57791
  Cohn, Betty Opal RN# 782728
  Collins, Allyn Christine APRN# AP112446 / RN# 438946
  Estrada, Julio LVN# 219492 / RN Exam Petitioner
  Everett, Patrick James APRN# AP118779/ RN# 686982
  Felder, Donald RN# 644090
  Felder, Makinzie Marie LVN# 327502
  Flores, Patricia June LVN# 110487
  Fry, Farrah Elizabeth RN# 845624
  Gaona, Gloria RN# 746300
  Garcia, Chelsea Lynn LVN# 324927
  Garcia, Sixto Borja RN# 826339
  Green, Rachel Morgan LVN# 321443
  Honeysett, Bruce Lee RN# 828080/ LVN# 221173 (DBell)
  Johnson, Christy Leigh RN# 660011
  Jones, Kimberly RN# 687026
  Lofman, Sheryl RN# 612988
  McCoig, Stacy Lynn RN# 718625
  McElroy, Kent Lee LVN# 311345
  McLaughlin, Jami Nicole RN# 768815
  Martens, Chris E. RN# 618351
  Martin, Concetta D. PTP MD RN# R224355
  Martinez, Gretchen Maria RN# 768710/ LVN# 176888
  Martinez, Monica LVN# 320276
  Mefford, Becky Jo RN# 838829
  Mendelson, Gina Lynn RN# 581957/ LVN# 135166
  Montoya, Matthew RN# 794570/ LVN# 193053
  Nielsenii, Larry Von LVN# 304335
  Pesina, Holley Michelle RN# 738581
  Quinones, Jose RN# 739064
  Rodriguez, Carmen V. LVN# 35035
  Seltzer, Jacqueyln Denise LVN# 303290
  Sosa, Charlotte Rachelle LVN# 160126
  Spiller, Latoya Vashon RN# 769928/ LVN# 203299>
  Thornton, Tanya LVN# 325456
  Tubbleville, Vicky Lyn LVN# 151363
  Vazquez, Jamie C. RN# 823073
  Williamson, Dorothy Marie APRN# AP111316/ RX Auth# 9924/ RN# 444081
  Willis, Beverly Markeata LVN# 209275/ RN Exam Petitioner
  Wyllie, Cynthia Theresa APRN# AP106683/ RX Auth# 4830/ RN# 442292

C *8.2. Agreed Orders-KSTAR Program

Chiuri, Grace RN# 883144 / LVN# 317310

C *8.3. Deferred Agreed Orders
- Benepe, Virginia Lynn RN# 537063
C *8.4. Reinstatement Agreed Orders
- Austin, Kathy D. APRN# AP115505
  Brown, Angela Yvette LVN# 315235
  Cortes, Lisa Fay LVN# 138346
  Davenport, Jeremy Charles RN# 774414/ LVN# 162682
  Gary, Michelle Merritt LVN# 192179
  Johnson (Brandon), Anita Marie LVN# 193717
  Lester, John Brian RN# 809018
  Mahaffey, Nicole Rae LVN# 305425
  Pace, Diane Michelle RN# 187146
  Pittman (Obannon), Angela Sue LVN# 195007
  Poyner, Amanda Gay RN# 666296
  Smith Jr., Donnie Wayne LVN# 221547
C *8.5. Eligibility Agreed Orders
- Amare, Issam RN Exam Petitioner
  Carter, Victor Lee RN Exam Petitioner
  Clemens (Clark), Julie Anne LVN Exam Petitioner
  Dillon, Brandy Lea RN Exam Petitioner
  Duren, Tomi Lynn RN Endorsement Petitioner
  Johnpier, Cynthia F. RN Endorsement Petitioner
  Mims, Miesha Anika RN Endorsement Petitioner
  Salazar (Christian), Allyssa Raeann RN Exam Petitioner
  Williams, Natalie Michelle LVN Exam Petitioner
8.6. ALJ Proposals for Decision
- C *8.6.1. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements,
  if any, and Board action: In the Matter of Permanent Certificate AP#123599 and RN#753758,
  Issued to JUSTINA UKAMAKA EWOH, SOAH Docket No. 507-16-2069- 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#706387, Issued to TAMMY
  JEANETTE MARCOM, SOAH Docket No. 507-15-0748- JAbel
- *8.6.3. Consideration of Proposal for Decision, Recommendations, proposed settlement agreements,
  if any, and Board action: In the Matter of Permanent Certificate LVN#229475, Issued to MOLLY
  DAWN MEADOWS, SOAH Docket No. 507-17-2004- 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#781113, Issued to JASMIN
  O’NEAL, SOAH Docket No. 507-16-1568- 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#233576,
  Issued to SUZANNE ATKINSON, SOAH Docket No. 507-17-1178- JAbel
  - 8.7.1.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending
    or contemplated litigation: In the Matter of Permanent Certificate RN#233576, Issued to
    SUZANNE ATKINSON, SOAH Docket No. 507-17-1178
- 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 RN#740952,
  Issued to BROOKE BARRY, SOAH Docket No. 507-17-2773- JAbel
- C *8.7.3. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#200068,
  Issued to APRIL MISHANE COSLETT, SOAH Docket No. 507-17-2659- JAbel
- C *8.7.4. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#178976,
  Issued to SHERRY ANN HARDEO, SOAH Docket No. 507-17-0973- JAbel
- C *8.7.5. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#227059,
  Issued to LAKRESHIA DESHUN HARMON, SOAH Docket No. 507-17-3015- JAbel
- *8.7.6. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#90358,
  Issued to TONA SUE JACKSON, SOAH Docket No. 507-17-0821- JAbel
- C *8.7.7. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate RN#633959,
  Issued to CHANTEL LASHURN JILES, SOAH Docket No. 507-17-1774- JAbel
- C *8.7.8. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate RN#681062,
  Issued to MARY NABILA MUMA, SOAH Docket No. 507-17-3197- JAbel
- C *8.7.9. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate LVN#126862,
  Issued to ROBERT JOSEPH PALMA, SOAH Docket No. 507-17-0820- JAbel
- C *8.7.10. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate RN#819758,
  Issued to JESUS MARTIN SANCHEZ, SOAH Docket No. 507-17-2772- JAbel
- C *8.7.11. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement
  agreements, if any, and Board action: In the Matter of Permanent Certificate RN#809957,
  Issued to DAKELIA SHANTA SIMPSON, SOAH Docket No. 507-17-0936- JAbel

9.MISCELLANEOUS

9.1. Board Items of Interest for Future Board Meetings
9.2. Board Development: Video on the Regulatory Aspects of Prescription Drug Abuse, as presented by Colleen LaBelle, MSN, RN-BC, CARN, Program Director, STATE OBAT, Nurse Manager, BMC OBAT, at the National Council of State Boards of Nursing August, 2016 Annual Meeting
*9.3. Review of the Board Quarterly Meeting Evaluation - KShipp
9.4. Consideration of Proposed Date and Topics for October, 2017 Board Retreat - KShipp/KThomas
*9.5. Board Meeting, Eligibility and Disciplinary Committee Meeting and Informal Conference Dates for 2018
*9.6. Executive Session Pursuant to Tex. Gov't Code Ann. §551.074 (Texas Open Meetings Act) Regarding Personnel Matters: Annual Performance Evaluation of Katherine A. Thomas, MN, RN, FAAN, Executive Director - Convene in Open Session to consider recommendations and take action - KShipp/PClapp
9.7. Executive Session Pursuant to Tex. Gov’t Code Ann. §551.074 (Texas Open Meetings Act) Regarding Personnel Matters: Annual Board Self-Evaluation - KShipp/PClapp

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

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.