Welcome to the Texas Board of Nursing

TEXAS BOARD OF NURSING Regular Meeting

October 24-25, 2019

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.

CALL TO ORDER - 8:30 am

REVIEW OF AGENDA October Agenda PDF Document

REVIEW OF THE MINUTES: July 25-26, 2019 Board Meeting Minutes PDF Document

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; Dykstra Freeman Freeman vs. Texas Board of Nursing, Cause No. J5-CV-19-253578, the Justice Court, Pet. 5,Travis County, Texas; and Adaku Charity Abakwue vs. Texas Board of Nursing, Cause No. D-1-GN-19002934, 250TH Judicial District Court, 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

2.1. Financial Statement – 4TH Quarter, Fiscal Year 2019 - MMajek/LPerez


3.1.1. 3-1-1.pdf Promoting Competency Report - LLaws

3.2.1. 3-2-1.pdf Status Report on New Nursing Education Programs and Currently Active and Potential Proposals - JHooper

3.2.2. 3-2-2.pdf Status Report on Programs with Sanctions - JHooper

3.2.3. 3-2-3.pdf Report on Communication Activities with Nursing Education Programs - JHooper

3.2.4. Consideration of Reports of Survey Visits

3.2.4.a. 3-2-4-a.pdf Dallas Nursing Institute in Richardson, Texas – Vocational Nursing Education Program – GVarnell

3.2.4.b. 3-2-4-b.pdf Texas State Technical College in Harlingen, Texas – Associate Degree Nursing Education Program -BSkloss

3.2.5 3-2-5.pdf. Consideration of Change in Approval Status from Conditional to Full Approval – McLennan Community College in Waco, Texas – Associate Degree Nursing Education Program – GVarnell

3.2.6 3-2-6.pdf. Report of Ongoing Data from Self-Study Reports for Professional Nursing Education Programs – JHooper

3.2.7 3-2-7.pdf. Notification of Closure of a Nursing Education Program – Carrington College in Mesquite, Texas – Associate Degree Nursing Education Progam - GVarnell

4.1. 4-1.pdf Criminal Background Check Update – TDiggs


4.2. 4-2.pdf Complaint Status Report - TDiggs

5.1.1. 5-1-1.pdf Eligibility and Disciplinary Committee - JWJohnston

5.1.2. 5-1-2.pdf Quarterly Statistical Report – 4TH Quarter, Fiscal Year 2019 - MMajek/KThomas

6.4. 6-4.pdf Adoption of Amendments to 22 Tex. Admin. Code §222.5, relating to Prescriptive Authority Agreement– JAbel


6.5. 6-5.pdf Adoption of Amendments to 22 Tex. Admin. Code §217.12, relating to Unprofessional Conduct-JAbel

6.6. 6-6.pdf Adoption of Amendments to 22 Tex. Admin. Code §217.20, relating to Safe Harbor Nursing Peer Review and Whistleblower Protections-JAbel

7.1. 7-1-1.pdf Texas Peer Assistance Program for Nurses (TPAPN)

7.1.2. 7-1-2.pdf 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

1.ADMINISTRATION *1.1. 1-1.pdf 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; Dykstra Freeman Freeman vs. Texas Board of Nursing, Cause No. J5-CV-19-253578, the Justice Court, Pet. 5,Travis County, Texas; and Adaku Charity Abakwue vs. Texas Board of Nursing, Cause No. D-1-GN-19002934, 250TH Judicial District Court, 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. 1-3.pdf Notification of Governor’s Request on Occupational Licensing Rules - KThomas

2.OPERATIONS C *2.1. 2-1.pdfFinancial Statement – 4TH Quarter, Fiscal Year 2019 - MMajek/LPerez

3.NURSING

3.1. Practice C *3.1.1. 3-1-1.pdfPromoting Competency Report – LLaws

*3.1.2. 3-1-2.pdf Report on Implementation of the Knowledge Skills Training Assessment and Research (KSTAR) Nursing Program - KBenton/SCaddell

3.2. Education

C *3.2.1. 3-2-1.pdfStatus Report on New Nursing Education Programs and Currently Active and Potential Proposals – JHooper

C *3.2.2. 3-2-2.pdfStatus Report on Programs with Sanctions - JHooper

C *3.2.3. 3-2-3.pdfReport on Communication Activities with Nursing Education Programs – JHooper/VAyars

3.2.4. Consideration of Reports of Survey Visits C *3.2.4.a. 3-2-4-a.pdfDallas Nursing Institute in Richardson, Texas – Vocational Nursing Education Program – GVarnell

C *3.2.4.b 3-2-4-b.pdf. Texas State Technical College in Harlingen, Texas – Associate Degree Nursing Education Program -BSkloss

C *3.2.5. 3-2-5.pdf Consideration of Change in Approval Status from Conditional to Full Approval – McLennan Community College in Waco, Texas – Associate Degree Nursing Education Program –

GVarnell

C *3.2.6. 3-2-6.pdf Report of Ongoing Data from Self-Study Reports for Professional Nursing Education Programs

JHooper

C *3.2.7. 3-2-7.pdf Notification of Closure of a Nursing Education Program – Carrington College in Mesquite, Texas – Associate Degree Nursing Education Progam - GVarnell

3.2.8. Report of Application for a New Baccalaureate Degree Nursing Education Program in a Public

Junior College *3.2.8.a. 3-2-8-a.pdfWeatherford College in Weatherford, Texas – AAmaefule/Ayars

4.ENFORCEMENT C *4.1. 4-1.pdfCriminal Background Check Update – TDiggs

C *4.2. 4-2.pdf Complaint Status Report – TDiggs

5.COMMITTEE REPORTS

5.1. Board Committees C *5.1.1. 5-1-1.pdfEligibility and Disciplinary Committee - JWJohnston C *5.1.2. 5-1-2.pdfQuarterly Statistical Report – 4TH Quarter, Fiscal Year 2019 - MMajek/KThomas

5.1.3. Board Development and Items of Interest for Future Meetings – DJackson/KWright

5.2. Advisory Committees/Task Forces

5.2.1. Advanced Practice Nursing Advisory Committee - KShipp/JZych

5.2.2. Nursing Practice Advisory Committee - DFlores/MSchat/KSinay

5.2.3. Advisory Committee on Education - NAlmasy/APEdwards/DJackson/KBenton/VAyars

5.2.4. Advisory Committee on Licensure, Eligibility and Discipline – KLHorn/MJamison/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 – AAmaefule

5.3.3. Taxonomy of Error Root Cause Analysis of Practice Responsibility (TERCAP)

5.3.3.a. 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 -KBenton

5.3.5. National Council of State Boards of Nursing

*5.3.5.a. 5-3-5-a.pdf Report on the NCSBN Annual Meeting, held August 21-23, 2019 in Chicago, IL – KShipp/KThomas

5.3.6. Texas Health and Human Services Commission e-Health Advisory Committee - EMcDermott *5.3.7. 5-3-7.pdf Nursing Peer Review Evaluation of Practice-Breakdown (NPREP) –EMcDermott/DGreen

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

6.OLD BUSINESS *6.1. 6-1.pdf Nurse Licensure Compact Update - KThomas

*6.2. 6-2-PUBLIC.pdf Re-scheduled Presentation and Consideration of Proposal to Establish a New Nursing Education Program -West Coast University in Dallas, Texas – Associate Degree Nursing Education Program

-GVarnell

*6.3. 6-3.pdf Consideration of Adoption of Amendments to 22 Tex. Admin. Code §216.3, relating to Continuing Competency Requirements, including Written Comments Received –JAbel

C *6.4. 6-4.pdfAdoption of Amendments to 22 Tex. Admin. Code §222.5, relating to Prescriptive Authority Agreement– JAbel

C *6.5. 6-5.pdfAdoption of Amendments to 22 Tex. Admin. Code §217.12, relating to Unprofessional Conduct-JAbel

C *6.6. 6-6.pdfAdoption of Amendments to 22 Tex. Admin. Code §217.20, relating to Safe Harbor Nursing Peer Review and Whistleblower Protections-JAbel

7.NEW BUSINESS

7.1. Texas Peer Assistance Program for Nurses (TPAPN) **7.1.1. 7-1-1.pdf Texas Peer Assistance Program for Nurses Quarterly Report–CZolnierek

*7.1.2. 7-1-2.pdf 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. 7-2-PUBLIC.pdf TNF/TPAPN Enhanced Contract and Performance Monitoring Report (Quarterly and Annual Report) -ALiwanag/JWJohnston

*7.3. 7-3.pdf Consideration of Selection of Vendor for Applicant/Licensee Drug Testing Services ­ALiwanag/JWJohnston

*7.4. 7-4-PUBLIC.pdf Consideration of Selection of Vendor for Internal Auditing Services - ALiwanag/JWJohnston

*7.5. 7-5.pdf Review of New and Renewed Contracts for FY 2020 - ALiwanag/JWJohnston

*7.6. 7-6.pdf Adoption of Rule Review of 22 Tex. Admin. Code Chapters 211, 217, and 219 - JAbel

*7.7. 7-7.pdf Consideration of Proposed Amendments to 22 Tex. Admin. Code §217.5, Relating to Temporary License and Endorsement-JAbel,

*7.8. 7-8.pdf Consideration of Proposed Amendments to 22 Tex. Admin. Code §216.8, Relating to Re-licensure Process-JAbel

*7.9. 7-9.pdf Consideration of Proposed Amendments to 22 Tex. Admin. Code §217.3, Relating to Temporary Authorization to Practice/Temporary Permit - JAbel

8. PROPOSED BOARD ORDERS

C *8.1. Agreed Orders

Alejandro, Maria RN# 883804
Alpha, Meagan Leana APRN# AP125809/RN# 737954/RX Auth# 15926
Anthony, Patricia Sibley RN# 714398
Asonye, Nneoma Stacey RN# 908824
Bahr, Linda Suzanne RN# 927749
Berotte, Iran Clayton RN# 654875
Birmingham, Delia Christine LVN# 211552
Brandt, Stephanie Ann RN# 667118
Cantu, Jennifer Marie LVN# 210232
Cavazos, Rebecca LVN# 134797
Clanton, Joan A LVN# 198036
Coker, Trudy Aberewah RN# 459697
Coleman, Dona Nicole RN# 863801
Crawford, Emily Lianne LVN# 217784
Cuyugan, Raquel Jurado RN# 890690
Delancy, Patience Yolanda APRN# AP133212/RN# 910545/RX Auth# 22442
Dugenio, Wolfreza Velez RN# 720739
Durham, Jennifer Lepeka RN# 724682
Eggleston, Brandon Royse RN# 946759
English, Marlo R. RN# 857865
Finley, Khristian Roshell RN# 893203/ LVN# 209261
Flores, Cynthia Ann RN# 785324/ LVN# 127865
Hauck, Stephanie Anne RN# 752283/ LVN# 202235
Helm, Cindy Gail LVN# 123952
Herriage, Teressa RN# 850116
Hildreth, Tracy Michelle RN# 597835
Holloway, Mikey Lynn LVN# 178166
Hudson, Nichawndra Danette LVN# 174867
Ivie, Ronda Machele LVN# 311681
Kenneth, Daoud B. RN# 758194/ LVN# 200651
Lambert, Theresa Ricks RN# 618302
Larry, Dericka Sharmay LVN# 329660
McClung, Lane Patrick RN# 819677
McIntyre, Cassaundra Robin RN# 874725
McKeon, Jacqueline Rae LVN# 211817/ RN Exam Petitioner
Murray, Amanda Maurine LVN# 326524
Mwangi, Alice Njambi LVN# 202848
Perkins, Janine Villanueva RN# 864683
Purgahn, Christina Leigh LVN# 188187
Reagan, Kari Ellen LVN# 343366
Reed (Fernandez), Renaye Kristen LVN# 232926
Rogers, Paula G. RN# 618537
Sackett, Gary Dale APRN# AP122956/RN# 720249/RX Auth# 13553
Seavers, Robin Gail RN# 619814
Smith, Brea Chauntiva RN# 342442
Stavena, Kimberly Dianna RN# 769930
Tripp, Thomas Lee RN# 868678
Ugoala, Chika APRN# AP128030/RN# 779496/RX Auth# 17867
Whiteside, Paulette Renee LVN# 179682
Williams, Steven Michael LVN# 301723
Worrell, Jeffery Lynn RN# 463732
Zekan, Bryan Thomas LVN# 199379

C *8.2. Agreed Orders-KSTAR Program

Aguila, Cristina Olano RN# 666431/ LVN# 137644
Cernosek Jr, Edward John RN# 937247
Guillory, Amber Simone LVN# 339276
Guzaitis, Merri Lou RN# 914209

C *8.3. Deferred Agreed Order

None

C *8.4. Reinstatement Agreed Orders

Davidson, Jonathan Clayton LVN# 208195
Hernandez, Yvonne LVN# 177753
Rodriguez (Floyd), Ashley Lynn LVN# 218159

C *8.5. Eligibility Agreed Orders

None

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 #842647, Issued to CLISTELL

B. FIELDS, SOAH Docket No. 507-19-2618- JAbel

8.6.1.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #842647, Issued to CLISTELL B. FIELDS, SOAH Docket No. 507-19-2618

*8.6.2. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #191045, Issued to ROBIN HILLIARY GARDEA, SOAH Docket No. 507-19-5923-JAbel

8.6.2.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #191045, Issued to ROBIN HILLIARY GARDEA, SOAH Docket No. 507-19-5293

*8.6.3. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #108343, Issued to BRENDA KAYE GATES, SOAH Docket No. 507-19-5290- JAbel

8.6.3.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #191045, Issued to BRENDA KAYE GATES, SOAH Docket No. 507-19-5290

*8.6.4. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #872119, Issued to MARIA BEATRICE SALAS, SOAH Docket No. 507-19-5317- JAbel

8.6.4.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #872119, Issued to MARIA BEATRICE SALAS, SOAH Docket No. 507-19-5317

*8.6.5. Consideration of Proposal For Decision, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #725088, Issued to DOVIE LAVETTE WILLIAMS, SOAH Docket No. 507-19-1666- JAbel

8.6.5.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #725088, Issued to DOVIE LAVETTE WILLIAMS, SOAH Docket No. 507-19-1666

8.7. ALJ Default Proposals for Decision Remands

*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 #319484, Issued to ASHLEY NICOLE COOPER, SOAH Docket No. 507-19-4957- 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 #319484, Issued to ASHLEY NICOLE COOPER, SOAH Docket No. 507-19-4957

*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 #800269, Issued to OLUFUNMI OMOTUNDE FAJIMOLU, SOAH Docket No. 507-19-6061- JAbel

8.7.2.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #800269, Issued to OLUFUNMI OMOTUNDE FAJIMOLU, SOAH Docket No. 507-19-6061

*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 #725101, Issued to JESSICA JOAN HIZAK, SOAH Docket No. 507-19-5433- JAbel

8.7.3.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #725101, Issued to JESSICA JOAH HIZAK, SOAH Docket No. 507-19-5433

*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 #187571, Issued to ANGELA KAY LAIRD, SOAH Docket No. 507-19-4561- JAbel

8.7.4.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #187571, Issued to ANGELA KAY LAIRD, SOAH Docket No. 507-19-4561

*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 #641564, Issued to DANNY CHARLES JACKSON, SOAH Docket No. 507-19-4958- JAbel

8.7.5.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #641564, Issued to DANNY CHARLES JACKSON, SOAH Docket No. 507-19-4958

*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 #144086, Issued to ALEJANDRO ALEX RAMOS, SOAH Docket No. 507-19-5556- JAbel

8.7.6.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #144086, Issued to ALEJANDRO ALEX RAMOS, SOAH Docket No. 507-19-5556

*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 #184051, Issued to ALFONZO RIDDICK, SOAH Docket No. 507-19-0801- JAbel

8.7.7.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #184051, Issued to ALFONZO RIDDICK, SOAH Docket No. 507-19-0801

*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 #955595, Issued to KEEGAN STILES STOKES, SOAH Docket No. 507-19-3727-JAbel

(DSaucedo/KLHorn/APEdwards)

8.7.8.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #955595, Issued to KEEGAN STILES STOKES, SOAH Docket No. 507-19-3727

*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 #755364 & 206907, Issued to NICOLAS JAMES TWEEDEL, SOAH Docket No. 507-19-5014- JAbel

8.7.9.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #755364 & 206907, Issued to NICOLAS JAMES TWEEDEL, SOAH Docket No. 507-19-5014

9.MISCELLANEOUS

9.1. Board Development:

*9.2. Review of the Board Quarterly Meeting Evaluation – KShipp

*9.3. 9-3.pdf Board Meeting, Eligibility and Disciplinary Committee Meeting and Informal Conference Dates for 2020 – KThomas/PVCabrera

*9.4. 9-4.pdf Appointment of Board Members to BON Committees for 2020 - KShipp

9.5. Report on Governor’s Training Seminar for New Board Member Appointees– KWright/FStokes/RWilliams/CHawkins/TRhodes

October 11, 2019 (12:44PM)

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