CHAPTER 301. NURSES
OCCUPATIONS CODE
TITLE 3. HEALTH PROFESSIONS
SUBTITLE E. REGULATION OF NURSING
CHAPTER 301. NURSES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 301.001. SHORT TITLE. This chapter may be cited as the
Nursing Practice Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.002. DEFINITIONS. In this chapter:
(1) "Board" means the Texas Board of Nursing.
(1-a) "Chief nursing officer" means the registered nurse who is
administratively responsible for the nursing services at a
facility.
(1-b) "Patient safety committee" has the meaning assigned by
Section 303.001.
(2) "Professional nursing" means the performance of an act that
requires substantial specialized judgment and skill, the proper
performance of which is based on knowledge and application of the
principles of biological, physical, and social science as
acquired by a completed course in an approved school of
professional nursing. The term does not include acts of medical
diagnosis or the prescription of therapeutic or corrective
measures. Professional nursing involves:
(A) the observation, assessment, intervention, evaluation,
rehabilitation, care and counsel, or health teachings of a person
who is ill, injured, infirm, or experiencing a change in normal
health processes;
(B) the maintenance of health or prevention of illness;
(C) the administration of a medication or treatment as ordered
by a physician, podiatrist, or dentist;
(D) the supervision or teaching of nursing;
(E) the administration, supervision, and evaluation of nursing
practices, policies, and procedures;
(F) the requesting, receiving, signing for, and distribution of
prescription drug samples to patients at sites in which a
registered nurse is authorized to sign prescription drug orders
as provided by Subchapter B, Chapter 157;
(G) the performance of an act delegated by a physician under
Section 157.052, 157.053, 157.054, 157.0541, 157.0542, 157.058,
or 157.059; and
(H) the development of the nursing care plan.
(3) 'Nurse' means a person required to be licensed under this
chapter to engage in professional or vocational nursing.
(4) 'Nursing' means professional or vocational nursing.
(5) "Vocational nursing" means a directed scope of nursing
practice, including the performance of an act that requires
specialized judgment and skill, the proper performance of which
is based on knowledge and application of the principles of
biological, physical, and social science as acquired by a
completed course in an approved school of vocational nursing.
The term does not include acts of medical diagnosis or the
prescription of therapeutic or corrective measures. Vocational
nursing involves:
(A) collecting data and performing focused nursing assessments
of the health status of an individual;
(B) participating in the planning of the nursing care needs of
an individual;
(C) participating in the development and modification of the
nursing care plan;
(D) participating in health teaching and counseling to promote,
attain, and maintain the optimum health level of an individual;
(E) assisting in the evaluation of an individual's response to a
nursing intervention and the identification of an individual's
needs; and
(F) engaging in other acts that require education and training,
as prescribed by board rules and policies, commensurate with the
nurse's experience, continuing education, and demonstrated
competency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 112, Sec. 4, eff. May 11,
2001; Acts 2003, 78th Leg., ch. 553, Sec. 1.002, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
113, Sec. 3, eff. May 20, 2005.
Acts 2007, 80th Leg., R.S., Ch.
803, Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 1, eff. September 1, 2007.
Sec. 301.003. APPLICATION OF SUNSET ACT. The Texas Board of
Nursing is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the board is abolished September 1, 2017.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.003, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 2, eff. September 1, 2007.
Sec. 301.004. APPLICATION OF CHAPTER. (a) This chapter does
not apply to:
(1) gratuitous nursing care of the sick that is provided by a
friend;
(2) nursing care provided during a disaster under the state
emergency management plan adopted under Section 418.042,
Government Code, if the person providing the care does not hold
the person out as a nurse unless the person is licensed in
another state;
(3) nursing care in which treatment is solely by prayer or
spiritual means;
(4) an act performed by a person under the delegated authority
of a person licensed by the Texas Medical Board;
(5) an act performed by a person licensed by another state
agency if the act is authorized by the statute under which the
person is licensed;
(6) the practice of nursing that is incidental to a program of
study by a student enrolled in a nursing education program
approved under Section 301.157(d) leading to an initial license
as a nurse; or
(7) the practice of nursing by a person licensed in another
state who is in this state on a nonroutine basis for a period not
to exceed 72 hours to:
(A) provide care to a patient being transported into, out of, or
through this state;
(B) provide nursing consulting services; or
(C) attend or present a continuing nursing education program.
(b) This chapter does not authorize the practice of medicine as
defined by Chapter 151.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.004, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 3, eff. September 1, 2007.
Sec. 301.005. REFERENCE IN OTHER LAW. A reference in any other
law to the former Board of Nurse Examiners means the Texas Board
of Nursing.
Added by Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 4, eff. September 1, 2007.
SUBCHAPTER B. TEXAS BOARD OF NURSING
Sec. 301.051. BOARD MEMBERSHIP. (a) The Texas Board of Nursing
consists of 13 members appointed by the governor with the advice
and consent of the senate as follows:
(1) six nurse members, including:
(A) one advanced practice nurse;
(B) two registered nurses who are not advanced practice nurses
or members of a nurse faculty; and
(C) three vocational nurses who are not members of a nurse
faculty;
(2) three members who are nurse faculty members of schools of
nursing:
(A) one of whom is a nurse faculty member of a school of nursing
offering a baccalaureate degree program in preparing registered
nurses;
(B) one of whom is a nurse faculty member of a school of nursing
offering an associate degree program in preparing registered
nurses; and
(C) one of whom is a nurse faculty member of a school of nursing
at an institution of higher education preparing vocational
nurses; and
(3) four members who represent the public.
(b) Appointments to the board shall be made without regard to
the race, color, disability, sex, religion, age, or national
origin of the appointee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.006, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 6, eff. September 1, 2007.
Sec. 301.052. MEMBER ELIGIBILITY. (a) A person is not eligible
for appointment as a registered nurse or vocational nurse member
of the board unless the person has practiced nursing in the role
for which the member was appointed for at least three of the five
years preceding the date of appointment.
(b) A person is not eligible for appointment as a public member
of the board if the person or the person's spouse:
(1) is registered, certified, or licensed by an occupational
regulatory agency in the field of health care;
(2) is employed by or participates in the management of a
business entity or other organization that:
(A) provides health care services;
(B) sells, manufactures, or distributes health care supplies or
equipment; or
(C) is regulated by or receives money from the board;
(3) owns or controls, directly or indirectly, more than a 10
percent interest in a business entity or other organization that:
(A) provides health care services;
(B) sells, manufactures, or distributes health care supplies or
equipment; or
(C) is regulated by or receives money from the board; or
(4) uses or receives a substantial amount of tangible goods,
services, or funds from the board, other than compensation or
reimbursement authorized by law for board membership, attendance,
or expenses.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.007, eff. Sept.
1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 7, eff. September 1, 2007.
Sec. 301.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
this section, "Texas trade association" means a cooperative and
voluntarily joined statewide association of business or
professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual
business or professional problems and in promoting their common
interest.
(b) A person may not be a member of the board and may not be a
board employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used
for the purposes of establishing an exemption to the overtime
provisions of the federal Fair Labor Standards Act of 1938 (29
U.S.C. Section 201 et seq.), if:
(1) the person is an officer, employee, or paid consultant of a
Texas trade association in the field of health care; or
(2) the person's spouse is an officer, manager, or paid
consultant of a Texas trade association in the field of health
care.
(c) A person may not be a member of the board or act as the
general counsel to the board if the person is required to
register as a lobbyist under Chapter 305, Government Code,
because of the person's activities for compensation on behalf of
a profession related to the board's operation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 8, eff. September 1, 2007.
Sec. 301.054. TERMS. Members of the board serve staggered
six-year terms, with the terms of as near to one-third of the
members as possible expiring on January 31 of each odd-numbered
year.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.008, eff. Sept.
1, 2003.
Sec. 301.055. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualifications required by Section 301.051(a);
(2) does not maintain during service on the board the
qualifications required by Section 301.051(a);
(3) is ineligible for membership under Section 301.053;
(4) cannot, because of illness or disability, discharge the
member's duties for a substantial part of the member's term; or
(5) is absent from more than half of the regularly scheduled
board meetings that the member is eligible to attend during a
calendar year unless the absence is excused by majority vote of
the board.
(b) The validity of an action of the board is not affected by
the fact that the action is taken when a ground for removal of a
board member exists.
(c) If the executive director has knowledge that a potential
ground for removal exists, the executive director shall notify
the presiding officer of the board of the potential ground. The
presiding officer shall then notify the governor and the attorney
general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
executive director shall notify the next highest ranking officer
of the board, who shall then notify the governor and the attorney
general that a potential ground for removal exists.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 9, eff. September 1, 2007.
Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board member
is entitled to receive a per diem as set by the General
Appropriations Act for each day the member engages in the
business of the board.
(b) A board member is entitled to reimbursement for travel
expenses incurred while conducting board business, including
expenses for transportation, meals, and lodging, as provided by
the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 10, eff. September 1, 2007.
Sec. 301.057. OFFICERS. (a) The governor shall designate a
member of the board as presiding officer to serve in that
capacity at the pleasure of the governor.
(b) The board shall elect other officers from its members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.058. MEETINGS. The presiding officer shall call a
special board meeting on the written request of at least two
board members.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.059. TRAINING. (a) A person who is appointed to and
qualifies for office as a member of the board may not vote,
deliberate, or be counted in attendance at a meeting of the board
until the person completes a training program that complies with
this section.
(b) The training program must provide the person with
information regarding:
(1) the legislation that created the board and the board's
programs, functions, rules, and budget;
(2) the results of the most recent formal audit of the board;
(3) the requirements of laws relating to open meetings, public
information, administrative procedure, and conflicts of interest;
and
(4) any applicable ethics policies adopted by the board or the
Texas Ethics Commission.
(c) A person appointed to the board is entitled to
reimbursement, as provided by the General Appropriations Act, for
the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before
or after the person qualifies for office.
(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(1),
eff. September 1, 2007.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 11, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 74(1), eff. September 1, 2007.
SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL
Sec. 301.101. EXECUTIVE DIRECTOR. (a) The board shall employ
an executive director. The executive director may not be a member
of the board.
(b) Under the direction of the board, the executive director
shall perform the duties required by this chapter or designated
by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.103. PUBLIC RECORDS; REGISTRY. (a) The executive
director shall keep:
(1) a record of each meeting of the board; and
(2) a registry of the name of each nurse registered under this
chapter.
(b) Information maintained under this section is open to public
inspection at all times.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.104. PERSONNEL; EMPLOYMENT PRACTICES. The board shall
employ persons as necessary to carry on the work of the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.105. DIVISION OF RESPONSIBILITIES. (a) The board
shall develop and implement policies that clearly define the
respective responsibilities of the board and the staff of the
board.
(b) The board shall determine the salaries and compensation to
be paid to employees and persons retained by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.106. QUALIFICATIONS AND STANDARDS OF CONDUCT
INFORMATION. The board shall provide, as often as necessary, to
its members and employees information regarding their:
(1) qualifications for office or employment under this chapter;
and
(2) responsibilities under applicable laws relating to standards
of conduct for state officers or employees.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.
(a) The executive director or the executive director's designee
shall develop an intra-agency career ladder program. The program
must require intra-agency posting of all nonentry level positions
concurrently with any public posting.
(b) The executive director or the executive director's designee
shall develop a system of annual performance evaluations based on
measurable job tasks. All merit pay for board employees must be
based on the system established under this subsection.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)
The executive director or the executive director's designee shall
prepare and maintain a written policy statement to ensure
implementation of an equal employment opportunity program under
which all personnel transactions are made without regard to race,
color, disability, sex, religion, age, or national origin. The
policy statement must include:
(1) personnel policies, including policies relating to
recruitment, evaluation, selection, application, training, and
promotion of personnel that are in compliance with the
requirements of Chapter 21, Labor Code;
(2) a comprehensive analysis of the board workforce that meets
federal and state guidelines;
(3) procedures by which a determination can be made of
significant underuse in the board workforce of all persons for
whom federal or state guidelines encourage a more equitable
balance; and
(4) reasonable methods to appropriately address those areas of
underuse.
(b) A policy statement prepared under Subsection (a) must:
(1) cover an annual period;
(2) be updated annually;
(3) be reviewed by the Commission on Human Rights for compliance
with Subsection (a)(1); and
(4) be filed with the governor.
(c) The governor shall deliver a biennial report to the
legislature based on the information received under Subsection
(b). The report may be made separately or as part of other
biennial reports to the legislature.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
SUBCHAPTER D. GENERAL POWERS AND DUTIES OF BOARD
Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may adopt
and enforce rules consistent with this chapter and necessary to:
(1) perform its duties and conduct proceedings before the board;
(2) regulate the practice of professional nursing and vocational
nursing;
(3) establish standards of professional conduct for license
holders under this chapter; and
(4) determine whether an act constitutes the practice of
professional nursing or vocational nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.009, eff. Sept.
1, 2003.
Sec. 301.152. RULES REGARDING SPECIALIZED TRAINING. (a) In
this section, "advanced practice nurse" means a registered nurse
approved by the board to practice as an advanced practice nurse
on the basis of completion of an advanced educational program.
The term includes a nurse practitioner, nurse midwife, nurse
anesthetist, and clinical nurse specialist. The term is
synonymous with "advanced nurse practitioner."
(b) The board shall adopt rules to:
(1) establish:
(A) any specialized education or training, including
pharmacology, that a registered nurse must have to carry out a
prescription drug order under Section 157.052; and
(B) a system for assigning an identification number to a
registered nurse who provides the board with evidence of
completing the specialized education and training requirement
under Subdivision (1)(A);
(2) approve a registered nurse as an advanced practice nurse;
and
(3) initially approve and biennially renew an advanced practice
nurse's authority to carry out or sign a prescription drug order
under Chapter 157.
(c) At a minimum, the rules adopted under Subsection (b)(3)
must:
(1) require completion of pharmacology and related pathology
education for initial approval;
(2) require continuing education in clinical pharmacology and
related pathology in addition to any continuing education
otherwise required under Section 301.303; and
(3) provide for the issuance of a prescription authorization
number to an advanced practice nurse approved under this section.
(d) The signature of an advanced practice nurse attesting to the
provision of a legally authorized service by the advanced
practice nurse satisfies any documentation requirement for that
service established by a state agency.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.121(a), eff.
Sept. 1, 2001.
Sec. 301.153. RULES REGARDING ADVERTISING AND COMPETITIVE
BIDDING. (a) The board may not adopt rules restricting
advertising or competitive bidding by a person except to prohibit
false, misleading, or deceptive practices by the person.
(b) The board may not include in its rules to prohibit false,
misleading, or deceptive practices by a person regulated by the
board a rule that:
(1) restricts the person's use of any medium for advertising;
(2) restricts the person's personal appearance or use of the
person's voice in an advertisement;
(3) relates to the size or duration of an advertisement by the
person; or
(4) restricts the use of a trade name in advertising by the
person.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.154. RULES REGARDING DELEGATION OF CERTAIN MEDICAL
ACTS. (a) The board may recommend to the Texas State Board of
Medical Examiners the adoption of rules relating to the
delegation by physicians of medical acts to registered nurses and
vocational nurses licensed by the board. In making a
recommendation, the board may distinguish between nurses on the
basis of special training and education.
(b) A recommendation under Subsection (a) shall be treated in
the same manner as a petition for the adoption of a rule by an
interested party under Chapter 2001, Government Code.
(c) The board in recommending a rule and the Texas State Board
of Medical Examiners in acting on a recommended rule shall, to
the extent allowable under state and federal statutes, rules, and
regulations, act to enable the state to obtain its fair share of
the federal funds available for the delivery of health care in
this state.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.010, eff. Sept.
1, 2003.
Sec. 301.1545. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR
DEFERRED ADJUDICATION. (a) The board shall adopt rules and
guidelines necessary to comply with Chapter 53, except to the
extent the requirements of this subtitle are stricter than the
requirements of that chapter.
(b) In its rules under this section, the board shall list the
offenses for which a conviction would constitute grounds for the
board to take action under Section 53.021 or for which placement
on deferred adjudication community supervision would constitute
grounds for the board to take action under this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 12, eff. September 1, 2007.
Sec. 301.155. FEES. (a) The board by rule shall establish fees
in amounts reasonable and necessary to cover the costs of
administering this chapter. The board may not set a fee that
existed on September 1, 1993, in an amount less than the amount
of that fee on that date.
(b) The board may adopt a fee in an amount necessary for a
periodic newsletter to produce and disseminate to license holders
the information required under Section 301.158.
(c) The board shall assess a surcharge of not less than $3 or
more than $5 for a registered nurse and a surcharge of not less
than $2 or more than $3 for a vocational nurse to the fee
established by the board under Subsection (a) for a license
holder to renew a license under this chapter. The board may use
nine cents of the registered nurse surcharge and six cents of the
vocational nurse surcharge to cover the administrative costs of
collecting and depositing the surcharge. The board quarterly
shall transmit the remainder of each surcharge to the Department
of State Health Services to be used only to implement the nursing
resource section under Section 105.002, Health and Safety Code.
The board is not required to collect the surcharge if the board
determines the funds collected are not appropriated for the
purpose of funding the nursing resource section.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 728, Sec. 12, eff. June 20,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
113, Sec. 4, eff. May 20, 2005.
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 1, eff. June 19, 2009.
Sec. 301.156. GIFTS AND GRANTS. The board may receive gifts,
grants, or other funds or assets.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
For expiration of Subsections (d-8), (d-9), (d-10), and (d-11),
see Subsection (d-11).
Sec. 301.157. PROGRAMS OF STUDY AND APPROVAL. (a) The board
shall prescribe three programs of study to prepare a person to
receive an initial license as a registered nurse under this
chapter as follows:
(1) a baccalaureate degree program that is conducted by an
educational unit in nursing that is a part of a senior college or
university and that leads to a baccalaureate degree in nursing;
(2) an associate degree program that is conducted by an
educational unit in nursing within the structure of a college or
a university and that leads to an associate degree in nursing;
and
(3) a diploma program that is conducted by a single-purpose
school, usually under the control of a hospital, and that leads
to a diploma in nursing.
(a-1) A diploma program of study in this state that leads to an
initial license as a registered nurse under this chapter and that
is completed on or after December 31, 2014, must entitle a
student to receive a degree on the student's successful
completion of a degree program of a public or private institution
of higher education accredited by an agency recognized by the
Texas Higher Education Coordinating Board.
(b) The board shall:
(1) prescribe two programs of study to prepare a person to
receive an initial vocational nurse license under this chapter as
follows:
(A) a program conducted by an educational unit in nursing within
the structure of a school, including a college, university, or
proprietary school; and
(B) a program conducted by a hospital;
(2) prescribe and publish the minimum requirements and standards
for a course of study in each program that prepares registered
nurses or vocational nurses;
(3) prescribe other rules as necessary to conduct approved
schools of nursing and educational programs for the preparation
of registered nurses or vocational nurses;
(4) approve schools of nursing and educational programs that
meet the board's requirements;
(5) select one or more national nursing accrediting agencies,
recognized by the United States Department of Education and
determined by the board to have acceptable standards, to accredit
schools of nursing and educational programs; and
(6) deny or withdraw approval from a school of nursing or
educational program that:
(A) fails to meet the prescribed course of study or other
standard under which it sought approval by the board;
(B) fails to meet or maintain accreditation with the national
nursing accrediting agency selected by the board under
Subdivision (5) under which it was approved or sought approval by
the board; or
(C) fails to maintain the approval of the state board of nursing
of another state and the board under which it was approved.
(b-1) The board may not require accreditation of the governing
institution of a school of nursing. The board shall accept the
requirements established by the Texas Higher Education
Coordinating Board for accrediting the governing institution of a
school of nursing. The governing institution of a professional
nursing school, not including a diploma program, must be
accredited by an agency recognized by the Texas Higher Education
Coordinating Board or hold a certificate of authority from the
Texas Higher Education Coordinating Board under provisions
leading to accreditation of the institution in due course.
(c) A program approved to prepare registered nurses may not be
less than two academic years or more than four calendar years.
(d) A person may not be certified as a graduate of any school of
nursing or educational program unless the person has completed
the requirements of the prescribed course of study, including
clinical practice, of a school of nursing or educational program
that:
(1) is approved by the board;
(2) is accredited by a national nursing accreditation agency
determined by the board to have acceptable standards; or
(3) is approved by a state board of nursing of another state and
the board, subject to Subsection (d-4).
(d-1) A school of nursing or educational program is considered
approved by the board and, except as provided by Subsection
(d-7), is exempt from board rules that require ongoing approval
if the school or program:
(1) is accredited and maintains accreditation through a national
nursing accrediting agency selected by the board under Subsection
(b)(5); and
(2) maintains an acceptable pass rate as determined by the board
on the applicable licensing examination under this chapter.
(d-2) A school of nursing or educational program that fails to
meet or maintain an acceptable pass rate on applicable licensing
examinations under this chapter is subject to review by the
board. The board may assist the school or program in its effort
to achieve compliance with the board's standards.
(d-3) A school or program from which approval has been withdrawn
under this section may reapply for approval.
(d-4) The board may recognize and accept as approved under this
section a school of nursing or educational program operated in
another state and approved by a state board of nursing or other
regulatory body of that state. The board shall develop policies
to ensure that the other state's standards are substantially
equivalent to the board's standards.
(d-5) The board shall streamline the process for initially
approving a school of nursing or educational program under this
section by identifying and eliminating tasks performed by the
board that duplicate or overlap tasks performed by the Texas
Higher Education Coordinating Board or the Texas Workforce
Commission.
(d-6) The board, in cooperation with the Texas Higher Education
Coordinating Board and the Texas Workforce Commission, shall
establish guidelines for the initial approval of schools of
nursing or educational programs. The guidelines must:
(1) identify the approval processes to be conducted by the Texas
Higher Education Coordinating Board or the Texas Workforce
Commission;
(2) require the approval process identified under Subdivision
(1) to precede the approval process conducted by the board; and
(3) be made available on the board's Internet website and in a
written form.
(d-7) A school of nursing or educational program approved under
Subsection (d-1) shall:
(1) provide the board with copies of any reports submitted to or
received from the national nursing accrediting agency selected by
the board;
(2) notify the board of any change in accreditation status; and
(3) provide other information required by the board as necessary
to evaluate and establish nursing education and workforce policy
in this state.
(d-8) For purposes of Subsection (d-4), a nursing program is
considered to meet standards substantially equivalent to the
board's standards if the program:
(1) is part of an institution of higher education located
outside this state that is approved by the appropriate regulatory
authorities of that state;
(2) holds regional accreditation by an accrediting body
recognized by the United States secretary of education and the
Council for Higher Education Accreditation;
(3) holds specialty accreditation by an accrediting body
recognized by the United States secretary of education and the
Council for Higher Education Accreditation, including the
National League for Nursing Accrediting Commission;
(4) requires program applicants to be a licensed practical or
vocational nurse, a military service corpsman, or a paramedic, or
to hold a college degree in a clinically oriented health care
field with demonstrated experience providing direct patient care;
and
(5) graduates students who:
(A) achieve faculty-determined program outcomes, including
passing criterion-referenced examinations of nursing knowledge
essential to beginning a registered nursing practice and
transitioning to the role of registered nurse;
(B) pass a criterion-referenced summative performance
examination developed by faculty subject matter experts that
measures clinical competencies essential to beginning a
registered nursing practice and that meets nationally recognized
standards for educational testing, including the educational
testing standards of the American Educational Research
Association, the American Psychological Association, and the
National Council on Measurement in Education; and
(C) pass the National Council Licensure Examination for
Registered Nurses at a rate equivalent to the passage rate for
students of approved in-state programs.
(d-9) A graduate of a clinical competency assessment program
operated in another state and approved by a state board of
nursing or other regulatory body of another state is eligible to
apply for an initial license under this chapter if:
(1) the board allowed graduates of the program to apply for an
initial license under this chapter continuously during the
10-year period preceding January 1, 2007;
(2) the program does not make any substantial changes in the
length or content of its clinical competency assessment without
the board's approval;
(3) the program remains in good standing with the state board of
nursing or other regulatory body in the other state; and
(4) the program participates in the research study under Section
105.008, Health and Safety Code.
(d-10) In this section, the terms "clinical competency
assessment program" and "supervised clinical learning experiences
program" have the meanings assigned by Section 105.008, Health
and Safety Code.
(d-11) Subsections (d-8), (d-9), (d-10), and (d-11) expire
December 31, 2017. As part of the first review conducted under
Section 301.003 after September 1, 2009, the Sunset Advisory
Commission shall:
(1) recommend whether Subsections (d-8) and (d-9) should be
extended; and
(2) recommend any changes to Subsections (d-8) and (d-9)
relating to the eligibility for a license of graduates of a
clinical competency assessment program operated in another state.
(e) The board shall give each person, including an organization,
affected by an order or decision of the board under this section
reasonable notice of not less than 20 days and an opportunity to
appear and be heard regarding the order or decision. The board
shall hear each protest or complaint from a person affected by a
rule or decision regarding:
(1) the inadequacy or unreasonableness of any rule or order the
board adopts; or
(2) the injustice of any order or decision of the board.
(f) Not later than the 30th day after the date an order is
entered and approved by the board, a person is entitled to bring
an action against the board in a district court of Travis County
to have the rule or order vacated or modified, if that person:
(1) is affected by the order or decision;
(2) is dissatisfied with any rule or order of the board; and
(3) sets forth in a petition the principal grounds of objection
to the rule or order.
(g) An appeal under this section shall be tried de novo as if it
were an appeal from a justice court to a county court.
(h) The board, in collaboration with the nursing educators, the
Texas Higher Education Coordinating Board, and the Texas Health
Care Policy Council, shall implement, monitor, and evaluate a
plan for the creation of innovative nursing education models that
promote increased enrollment in this state's nursing programs.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.011, 1.012, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 13, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 2, eff. June 19, 2009.
Sec. 301.158. DISSEMINATION OF INFORMATION. The board shall
disseminate, at least twice a year and at other times the board
determines necessary, information that is of significant interest
to nurses and employers of nurses in this state, including
summaries of final disciplinary action taken against nurses by
the board since its last dissemination of information.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.013, eff. Sept.
1, 2003.
Sec. 301.1581. INFORMATION PROVIDED TO LICENSE HOLDERS. At
least once each biennium, the board shall provide to license
holders information on:
(1) prescribing and dispensing pain medications, with particular
emphasis on Schedule II and Schedule III controlled substances;
(2) abusive and addictive behavior of certain persons who use
prescription pain medications;
(3) common diversion strategies employed by certain persons who
use prescription pain medications, including fraudulent
prescription patterns; and
(4) the appropriate use of pain medications and the differences
between addiction, pseudo-addiction, tolerance, and physical
dependence.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 4, eff. Sept. 1,
2003.
Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The board
shall provide to license holders information regarding the
services provided by poison control centers.
Added by Acts 2003, 78th Leg., ch. 1163, Sec. 4, eff. Sept. 1,
2003.
Sec. 301.159. BOARD DUTIES REGARDING COMPLAINTS. (a) The board
by rule shall:
(1) adopt a form to standardize information concerning
complaints made to the board; and
(2) prescribe information to be provided to a person when the
person files a complaint with the board.
(b) The board shall provide reasonable assistance to a person
who wishes to file a complaint with the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.1595. ADVISORY COMMITTEES. (a) The board may appoint
advisory committees to perform the advisory functions assigned by
the board.
(b) An advisory committee shall provide independent expertise on
board functions and policies, but may not be involved in setting
board policy.
(c) The board shall adopt rules regarding the purpose,
structure, and use of advisory committees, including rules on:
(1) the purpose, role, responsibility, and goal of an advisory
committee;
(2) the size and quorum requirements for an advisory committee;
(3) the composition and representation of an advisory committee;
(4) the qualifications of advisory committee members, such as
experience or area of residence;
(5) the appointment procedures for advisory committees;
(6) the terms of service for advisory committee members;
(7) the training requirements for advisory committee members, if
necessary;
(8) the method the board will use to receive public input on
issues addressed by an advisory committee; and
(9) the development of board policies and procedures to ensure
advisory committees meet the requirements for open meetings under
Chapter 551, Government Code, including notification
requirements.
(d) A board member may not serve as a member of an advisory
committee, but may serve as a liaison between an advisory
committee and the board. A board member liaison that attends
advisory committee meetings may attend only as an observer and
not as a participant. A board member liaison is not required to
attend advisory committee meetings. The role of a board member
liaison is limited to clarifying the board's charge and intent to
the advisory committee.
(e) To the extent of any conflict with Chapter 2110, Government
Code, this section and board rules adopted under this section
control.
Added by Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 14, eff. September 1, 2007.
Sec. 301.160. PILOT PROGRAMS. (a) In this section:
(1) "Proactive nursing peer review" means peer review that is
not initiated to determine culpability with respect to a
particular incident.
(2) "Targeted continuing nursing education" means continuing
education focusing on a skill that would likely benefit a
significant proportion of nurses in a particular practice area.
(b) The board may develop pilot programs to evaluate the
effectiveness of mechanisms, including proactive nursing peer
review and targeted continuing nursing education, for maintenance
of the clinical competency of a nurse in the nurse's area of
practice and the understanding by nurses of the laws, including
regulations, governing the practice of nursing.
(c) A pilot program under Subsection (b) must be designed to
test the effectiveness of a variety of mechanisms in a variety of
practice settings.
(d) The board may approve a pilot program under Subsection (b)
that is to be conducted by a person other than the board.
(e) The board may spend funds to develop or fund a pilot program
and may contract with, make grants to, or make other arrangements
with an agency, professional association, institution,
individual, or other person to implement this section.
(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(2),
eff. September 1, 2007.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(2),
eff. September 1, 2007.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(2),
eff. September 1, 2007.
(i) Except as provided by this subsection, in developing or
approving a pilot program under this section the board may exempt
the program from rules adopted under this chapter. Subchapter I
and Chapter 303 apply to pilot programs, except that Sections
303.002(e), 303.003, and 303.008(b) do not apply to a pilot
program using proactive peer review. The board may establish
alternative criteria for nursing peer review committees
conducting proactive peer review.
(j) The board shall issue an annual report regarding any pilot
programs developed or approved and a status report on those
programs, including preliminary or final findings concerning
their effectiveness. The board shall mail the report to
statewide associations of nurses and educators and employers of
nurses that request a copy.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 74(2), eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 3, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 4, eff. June 19, 2009.
Sec. 301.1605. PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS. (a)
The board may approve and adopt rules regarding pilot programs
for innovative applications in the practice and regulation of
nursing.
(b) The board shall specify the procedures to be followed in
applying for approval of a pilot program. The board may condition
approval of a program on compliance with this section and rules
adopted under this section.
(c) In approving a pilot program, the board may grant the
program an exception to the mandatory reporting requirements of
Sections 301.401-301.409 or to a rule adopted under this chapter
or Chapter 303 that relates to the practice of nursing, including
education and reporting requirements for nurses. The board may
not grant an exception to:
(1) the education requirements of this chapter unless the
program includes alternate but substantially equivalent
requirements; or
(2) the mandatory reporting requirements unless the program:
(A) is designed to evaluate the efficiency of alternative
reporting methods; and
(B) provides consumers adequate protection from nurses whose
continued practice is a threat to public safety.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 5, eff. June 19, 2009.
Sec. 301.1606. PILOT PROGRAMS ON NURSE REPORTING SYSTEMS. (a)
The board may solicit proposals for pilot programs designed to
evaluate the efficacy and effect on protection of the public of
reporting systems designed to encourage identification of system
errors.
(b) The board may grant a pilot program approved under this
section an exception to the mandatory reporting requirements of
Sections 301.401-301.409 or to a rule adopted under this chapter
or Chapter 303 that relates to the practice of nursing, including
education and reporting requirements for nurses. If the board
grants an exception, the board may require that the program:
(1) provide for the remediation of the deficiencies of a nurse
who has knowledge or skill deficiencies that unless corrected may
result in an unreasonable risk to public safety;
(2) provide for supervision of the nurse during remediation of
deficiencies under Subdivision (1);
(3) require reporting to the board of a nurse:
(A) who fails to satisfactorily complete remediation, or who
does not make satisfactory progress in remediation, under
Subdivision (1);
(B) whose incompetence in the practice of nursing would pose a
continued risk of harm to the public; or
(C) whose error contributed to a patient death or serious
patient injury; or
(4) provide for a nursing peer review committee to review
whether a nurse is appropriate for remediation under Subdivision
(1).
(c) The board may require that the entity conducting a pilot
program under this section reimburse the board for the cost of
monitoring and evaluating the pilot program.
(d) The board may contract with a third party to perform the
monitoring and evaluation.
(e) The board may limit the number of pilot programs that it
approves under this section.
Added by Acts 2003, 78th Leg., ch. 876, Sec. 1, eff. June 20,
2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 6, eff. June 19, 2009.
For expiration of this section, see Subsection (i).
Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL DISCIPLINARY
ACTION. (a) In this section, "deferred disciplinary action"
means a final disciplinary action against a person licensed or
regulated under this chapter that is deferred by the board as
provided by this section.
(b) Not later than February 1, 2010, the board shall determine
the feasibility of conducting a pilot program designed to
evaluate the efficacy and effect on the public's protection of
board deferral of disciplinary action against a person licensed
or regulated under this chapter in cases in which the board
proposes to impose a sanction other than a reprimand or a denial,
suspension, or revocation of a license. If the board determines
the pilot program is feasible, the board shall develop and
implement the pilot program not later than February 1, 2011. The
pilot program must conclude not later than January 1, 2014.
(c) The pilot program may not include cases in which the board
proposes to issue a reprimand or to deny, suspend, or revoke a
license.
(d) During the time the pilot program is implemented and for any
action or complaint for which the board proposes to impose a
sanction other than a reprimand or a denial, suspension, or
revocation of a license, the board may:
(1) defer final disciplinary action the board has proposed
against a person licensed or regulated under this chapter if the
person conforms to conditions imposed by the board, including any
condition the board could impose as a condition of probation
under Section 301.468; and
(2) if the person successfully meets the imposed conditions,
dismiss the complaint.
(e) Except as otherwise provided by this subsection, a deferred
disciplinary action by the board under the pilot program is not
confidential and is subject to disclosure in accordance with
Chapter 552, Government Code. If the person successfully meets
the conditions imposed by the board in deferring final
disciplinary action and the board dismisses the action or
complaint, the deferred disciplinary action of the board is
confidential to the same extent as a complaint filed under
Section 301.466.
(f) The board may treat a deferred disciplinary action taken
against a nurse under this section as a prior disciplinary action
against the nurse when considering the imposition of a sanction
for a subsequent violation of this chapter or a rule or order
adopted under this chapter.
(g) The board may contract with a third party to evaluate the
pilot program established under this section.
(h) The board shall appoint an advisory committee to assist the
board in overseeing the pilot program and its evaluation. The
committee must include representatives of public advocacy
organizations.
(i) This section expires September 1, 2014.
Added by Acts 2009, 81st Leg., R.S., Ch.
144, Sec. 1, eff. September 1, 2009.
Sec. 301.161. ENFORCEMENT. (a) The board shall aid in the
enforcement of this chapter.
(b) The board may:
(1) issue a subpoena;
(2) compel the attendance of a witness;
(3) administer an oath to a person giving testimony at hearings;
and
(4) cause the prosecution of each person violating this chapter.
(c) The attorney general shall provide legal assistance
necessary to enforce this chapter. This subsection does not
relieve a local prosecuting officer of any duty under the law.
(d) The board may establish a criminal investigations unit to
investigate suspected criminal acts relating to the practice of
nursing as authorized by this chapter.
(e) The board may assist federal, state, or local law
enforcement agencies in the investigation and prosecution of
crimes related to the practice of nursing.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch.
1058, Sec. 1, eff. September 1, 2005.
Sec. 301.1615. OBTAINING CRIMINAL HISTORY RECORD INFORMATION;
HEARING. (a) In addition to the information to which the board
is entitled under Section 411.125, Government Code, the board may
request and receive criminal history record information from the
Federal Bureau of Investigation as provided by Section 411.087,
Government Code.
(b) Criminal history record information received by the board
may be used only by the board and is privileged. The information
may not be disclosed to any person other than:
(1) as required under a court order; or
(2) to a nursing board that is a member of the nurse licensure
compact under Chapter 304.
(c) If, on the basis of criminal history record information
obtained by the board, the board proposes to deny an application
for a license, refuse to renew a license, or suspend or revoke a
license or temporary permit, the applicant or license holder is
entitled to a hearing under Section 301.454.
Added by Acts 2003, 78th Leg., ch. 1102, Sec. 1, eff. Sept. 1,
2003.
Sec. 301.162. LEGAL COUNSEL. The board may retain legal counsel
to represent the board if first:
(1) the board requests the attorney general to represent the
board; and
(2) the attorney general certifies to the board that the
attorney general cannot provide those services.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.163. RECORD OF PROCEEDINGS; REPORT. The board shall
keep a record of its proceedings under this chapter and make an
annual report to the governor.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.164. ASSISTANCE OF PROSECUTOR. A board member may
present to a prosecuting officer a complaint relating to a
violation of this chapter. The board, through its members,
officers, counsel, or agents, shall assist in the trial of a case
involving an alleged violation of this chapter, subject to the
control of the prosecuting officers.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.165. ANNUAL REPORT. (a) The board shall file annually
with the governor and the presiding officer of each house of the
legislature a complete and detailed written report accounting for
all funds received and disbursed by the board during the
preceding fiscal year.
(b) The report must be in the form and reported in the time
provided by the General Appropriations Act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.166. USE OF TECHNOLOGY. The board shall implement a
policy requiring the board to use appropriate technological
solutions to improve the board's ability to perform its
functions. The policy must ensure that the public is able to
interact with the board on the Internet.
Added by Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 15, eff. September 1, 2007.
Sec. 301.167. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE
RESOLUTION. (a) The board shall develop and implement a policy
to encourage the use of:
(1) negotiated rulemaking procedures under Chapter 2008,
Government Code, for the adoption of board rules; and
(2) appropriate alternative dispute resolution procedures under
Chapter 2009, Government Code, to assist in the resolution of
internal and external disputes under the board's jurisdiction.
(b) The board's procedures relating to alternative dispute
resolution must conform, to the extent possible, to any model
guidelines issued by the State Office of Administrative Hearings
for the use of alternative dispute resolution by state agencies.
(c) The board shall designate a trained person to:
(1) coordinate the implementation of the policy adopted under
Subsection (a);
(2) serve as a resource for any training needed to implement the
procedures for negotiated rulemaking or alternative dispute
resolution; and
(3) collect data concerning the effectiveness of those
procedures, as implemented by the board.
Added by Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 15, eff. September 1, 2007.
SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT
PROCEDURES
Sec. 301.201. PUBLIC INTEREST INFORMATION. (a) The board shall
prepare information of public interest describing the functions
of the board and the procedures by which complaints are filed
with and resolved by the board.
(b) The board shall make the information available to the public
and appropriate state agencies.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Sec. 301.202. COMPLAINTS. (a) The board by rule shall
establish methods by which consumers and service recipients are
notified of the name, mailing address, and telephone number of
the board for the purpose of directing complaints to the board.
The board may provide for that notice:
(1) on each registration form, application, or written contract
for services of a person regulated by the board;
(2) on a sign prominently displayed in the place of business of
each person regulated by the board; or
(3) in a bill for service provided by a person regulated by the
board.
(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 999, Sec. 17,
eff. June 19, 2009.
(c) The board shall list with its regular telephone number any
toll-free telephone number established under other state law that
may be called to present a complaint about a health professional.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
999, Sec. 17, eff. June 19, 2009.
Sec. 301.203. RECORDS AND ANALYSIS OF COMPLAINTS. (a) The
board shall maintain a system to promptly and efficiently act on
complaints filed with the board. The board shall maintain
information about:
(1) parties to the complaint;
(2) the subject matter of the complaint;
(3) a summary of the results of the review or investigation of
the complaint; and
(4) the complaint's disposition.
(b) The board shall make information available describing its
procedures for complaint investigation and resolution.
(c) The board shall periodically notify the parties to the
complaint of the status of the complaint until final disposition
unless notice would jeopardize an undercover investigation.
(d) The board shall develop a method for analyzing the sources
and types of complaints and violations and establish categories
for the complaints and violations. The board shall use the
analysis to focus its information and education efforts on
specific problem areas identified through the analysis.
(e) The board shall analyze complaints filed with the board to
identify any trends or issues related to certain violations,
including:
(1) the reason for each complaint;
(2) how each complaint was resolved; and
(3) the subject matter of each complaint that was not within the
jurisdiction of the board and how the board responded to the
complaint.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
889, Sec. 16, eff. September 1, 2007.
Sec. 301.204. GENERAL RULES, POLICIES, AND PROCEDURES REGARDING
COMPLAINT INVESTIGATION AND DISPOSITION. (a) The board shall
adopt rules, policies, and procedures concerning the
investigation of a complaint filed with the board. The rules,
policies, or procedures adopted under this subsection must:
(1) distinguish between categories of complaints;
(2) ensure that complaints are not dismissed without appropriate
consideration;
(3) require that the board be advised of a complaint that is
dismissed and that a letter be sent to the person who filed the
complaint explaining the action taken on the dismissed complaint;
(4) ensure that the person who filed the complaint has an
opportunity to explain the allegations made in the complaint;
(5) prescribe guidelines concerning the categories of complaints
that require the use of a private investigator and the procedures
for the board to obtain the services of a private investigator;
and
(6) by rule allow appropriate employees of the board to dismiss
a complaint if an investigation demonstrates that:
(A) a violation did not occur; or
(B) the subject of the complaint is outside the board's
jurisdiction.
(b) The board shall:
(1) dispose of all complaints in a timely manner; and
(2) establish a schedule for conducting each phase of a
complaint that is under the control of the board not later than
the 30th day after the date the board receives the complaint.
(c) The board shall notify the parties of the projected time
requirements for pursuing the complaint.
(d) The board shall notify the parties to the complaint of any
change in the schedule not later than the se