SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 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.
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER B TEXAS BOARD OF NURSING
- Texas Section 301.005 - Reference In Other Law
(a) A reference in any other law to the former Board of Nurse Examiners means the Texas Board of Nursing. (b) A reference in any...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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,...
SUBCHAPTER C EXECUTIVE DIRECTOR AND PERSONNEL
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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;...
- Texas Section 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...
SUBCHAPTER D GENERAL POWERS AND DUTIES OF BOARD
- Texas Section 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...
- Texas Section 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)...
- Texas Section 301.152 - Rules Regarding Specialized Training
(a) In this section, "advanced practice registered nurse" means a registered nurse licensed by the board to practice as an advanced practice registered nurse on...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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....
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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....
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E PUBLIC INTEREST INFORMATION AND COMPLAINT PROCEDURES
- Texas Section 301.168 - Duties Regarding Prescriptive Authority Agreements
The board shall in conjunction with the Texas Medical Board and the Texas Physician Assistant Board perform the functions and duties relating to prescriptive authority...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 301.205 - Public Participation
(a) The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on...
- Texas Section 301.206 - Confidentiality Of Information Collected For Emergency Relief Programs
(a) In this section, "emergency relief program" means a program operated or sponsored by the federal government, the state, or a nonprofit organization to provide...
SUBCHAPTER F LICENSE REQUIREMENTS
- Texas Section 301.207 - Confidentiality Of Information Provided For Licensure
The following information that a person submits to the board for a petition for a declaratory order of eligibility for a license or for an...
- Texas Section 301.251 - License Required
(a) A person may not practice or offer to practice professional nursing or vocational nursing in this state unless the person is licensed as provided...
- Texas Section 301.2511 - Criminal History Record Information For License Applicants
(a) An applicant for a registered nurse license must submit to the board, in addition to satisfying the other requirements of this subchapter, a complete...
- Texas Section 301.252 - License Application
(a) Each applicant for a registered nurse license or a vocational nurse license must submit to the board a sworn application that demonstrates the applicant's...
- Texas Section 301.253 - Examination
(a) Except as provided by Section 301.452, an applicant is entitled to take the examination prescribed by the board if: (1) the board determines that...
- Texas Section 301.254 - Examination Results
(a) The board shall notify each examinee of the results of the examination not later than the 30th day after the date the examination is...
- Texas Section 301.255 - Reexamination
The board by rule shall establish conditions under which an applicant who fails an examination may retake the examination. For an applicant who fails the...
- Texas Section 301.256 - Issuance Of License
If the results of an examination taken under Section 301.253 or 301.255 satisfy the criteria established by the board under that section, the board shall...
- Texas Section 301.257 - Declaratory Order Of License Eligibility
(a) A person may petition the board for a declaratory order as to the person's eligibility for a license under this chapter if the person...
- Texas Section 301.258 - Temporary Permit
(a) Pending the results of a licensing examination, the board may issue to an applicant who is a graduate of an approved educational program a...
- Texas Section 301.259 - Reciprocal License By Endorsement For Certain Foreign Applicants
On payment of a fee established by the board, the board may issue a license to practice as a registered nurse or vocational nurse in...
- Texas Section 301.260 - Temporary License By Endorsement
(a) An applicant for a license under this chapter who is licensed as a registered nurse or vocational nurse by another state may qualify for...
SUBCHAPTER G LICENSE RENEWAL
- Texas Section 301.261 - Inactive Status
(a) The board may place on inactive status the license of a person under this chapter who is not actively engaged in the practice of...
- Texas Section 301.301 - License Renewal
(a) The board by rule may adopt a system under which licenses expire on various dates during the year. (b) A person may renew an...
- Texas Section 301.3011 - Criminal History Record Information Requirement For Renewal
(a) The board may require that an applicant for renewal of an unexpired license submit to the board, in addition to satisfying any other requirements...
- Texas Section 301.302 - Renewal Of Expired License By Out-of-state Practitioner
(a) A person who was licensed to practice professional nursing or vocational nursing in this state, moved to another state, and is currently licensed and...
- Texas Section 301.303 - Continuing Competency
(a) The board may recognize, prepare, or implement continuing competency programs for license holders under this chapter and may require participation in continuing competency programs...
- Texas Section 301.304 - Continuing Education In Tick-borne Diseases
(a) As part of the continuing education requirements under Section 301.303, a license holder whose practice includes the treatment of tick-borne diseases shall be encouraged...
- Texas Section 301.305 - Continuing Education In Nursing Jurisprudence And Nursing Ethics
(a) As part of a continuing competency program under Section 301.303, a license holder shall complete at least two hours of continuing education relating to...
- Texas Section 301.306 - Forensic Evidence Collection Component In Continuing Education
(a) As part of continuing education requirements under Section 301.303, a license holder who is employed to work in an emergency room setting and who...
SUBCHAPTER H PRACTICE BY LICENSE HOLDER
- Texas Section 301.307 - Continuing Education In Older Adult Or Geriatric Care
(a) As part of a continuing competency program under Section 301.303, a license holder whose practice includes older adult or geriatric populations shall complete at...
- Texas Section 301.351 - Designations
(a) A person who holds a license as a registered nurse under this chapter: (1) is referred to as a registered nurse; and (2) may...
- Texas Section 301.352 - Protection For Refusal To Engage In Certain Conduct
(a) A person may not suspend, terminate, or otherwise discipline, discriminate against, or retaliate against: (1) a nurse who refuses to engage in an act...
- Texas Section 301.353 - Supervision Of Vocational Nurse
The practice of vocational nursing must be performed under the supervision of a registered nurse, physician, physician assistant, podiatrist, or dentist. Added by Acts 2005,...
- Texas Section 301.354 - Nurse First Assistants; Assisting At Surgery By Other Nurses
(a) In this section, "nurse first assistant" means a registered nurse who: (1) has completed a nurse first assistant educational program approved or recognized by...
SUBCHAPTER I REPORTING VIOLATIONS AND PATIENT CARE CONCERNS
- Texas Section 301.356 - Refusal Of Mandatory Overtime
The refusal by a nurse to work mandatory overtime as authorized by Chapter 258, Health and Safety Code, does not constitute patient abandonment or neglect....
- Texas Section 301.401 - Definitions
In this subchapter: (1) "Conduct subject to reporting" means conduct by a nurse that: (A) violates this chapter or a board rule and contributed to...
- Texas Section 301.4011 - Good Faith Report By Nurse
In this subchapter, a report is considered to be made in good faith if: (1) the person reporting believed that the report was required or...
- Texas Section 301.402 - Mandatory Report By Nurse
Sec. 301.402. MANDATORY REPORT BY NURSE. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff. September 1, 2007. (b) A nurse...
- Texas Section 301.4025 - Optional Report By Nurse
(a) In a written, signed report to the appropriate licensing board or accrediting body, a nurse may report a licensed health care practitioner, agency, or...
- Texas Section 301.403 - Duty Of Peer Review Committee To Report
(a) Except as provided by Subsection (b), a nursing peer review committee operating under Chapter 303 that determines that a nurse has engaged in conduct...
- Texas Section 301.404 - Duty Of Nursing Educational Program To Report
A nursing educational program that has reasonable cause to suspect that the ability of a nursing student to perform the services of the nursing profession...
- Texas Section 301.405 - Duty Of Person Employing Nurse To Report
(a) This section applies only to a person who employs, hires, or contracts for the services of a nurse, including: (1) a health care facility,...
- Texas Section 301.406 - Duty Of Certain Professional Associations And Organizations To Report
A professional association of nurses or an organization that conducts a certification or accreditation program for nurses and that expels, decertifies, or takes any other...
- Texas Section 301.407 - Duty Of State Agency To Report
(a) This section applies only to a state agency that: (1) licenses, registers, or certifies: (A) a hospital; (B) a nursing home; (C) a health...
- Texas Section 301.408 - Duty Of Liability Insurer To Report
(a) Each insurer that provides to a nurse liability insurance that covers claims arising from providing or failing to provide nursing care shall submit to...
- Texas Section 301.409 - Duty Of Prosecuting Attorney To Report
(a) The attorney representing the state shall cause the clerk of the court of record in which the conviction, adjudication, or finding is entered to...
- Texas Section 301.410 - Report Regarding Impairment By Chemical Dependency, Mental Illness, Or Diminished Mental Capacity
(a) A person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical...
- Texas Section 301.4105 - Board Responsibility Following Report
The board shall determine whether a nurse violated this chapter or a rule adopted under this chapter for any case reported to the board in...
- Texas Section 301.4106 - Peer Assistance Programs
The board by rule shall develop guidelines to: (1) outline the roles and responsibilities of the board and a peer assistance program established or approved...
- Texas Section 301.411 - Effect Of Failure To Report
(a) A person is not liable in a civil action for failure to file a report required by this subchapter. (b) The appropriate state licensing...
- Texas Section 301.412 - Reporting Immunity
A person who in good faith makes a report required or authorized under this subchapter, or a person who advises a nurse of the nurse's...
- Texas Section 301.413 - Retaliatory Action
(a) A person may file a counterclaim in a pending action or prove a cause of action in a subsequent suit to recover defense costs,...
- Texas Section 301.414 - Notice And Review Of Report
(a) The board shall notify each nurse who is reported to the board under Section 301.402, 301.403, 301.405, 301.406, 301.407, 301.408, or 301.409 of the...
- Texas Section 301.415 - Rebuttal Statement
(a) A nurse who is entitled to receive notice under Section 301.414 or the authorized representative of the nurse may file with the board a...
- Texas Section 301.416 - Investigation
(a) Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under Section 301.457. (b) If...
- Texas Section 301.417 - Confidentiality Requirements; Disclosure Of Information
(a) A report required or authorized under this subchapter and the identity of the person making the report are confidential and may not be disclosed...
- Texas Section 301.418 - Disclosure Of Charges Or Disciplinary Action
(a) This subchapter does not prevent disclosure under Section 301.466 of formal charges filed by the board or a final disciplinary action taken by the...
SUBCHAPTER J PROHIBITED PRACTICES AND DISCIPLINARY ACTIONS
- Texas Section 301.419 - General Provisions Regarding Duty To Report; Minor Incidents
(a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(5), eff. September 1, 2007. (b) The board shall adopt rules governing reporting required...
- Texas Section 301.451 - Certain Prohibited Practices
A person may not: (1) sell, fraudulently obtain, or fraudulently furnish a nursing diploma, license, renewal license, or record; (2) assist another person in selling,...
- Texas Section 301.4515 - Use Of Certain Nursing Titles
Unless the person is practicing under the delegated authority of a registered nurse or is otherwise authorized by state or federal law, a person may...
- Texas Section 301.452 - Grounds For Disciplinary Action
(a) In this section, "intemperate use" includes practicing nursing or being on duty or on call while under the influence of alcohol or drugs. (b)...
- Texas Section 301.4521 - Physical And Psychological Evaluation
(a) In this section: (1) "Applicant" means: (A) a petitioner for a declaratory order of eligibility for a license; or (B) an applicant for an...
- Texas Section 301.453 - Disciplinary Authority Of Board; Methods Of Discipline
(a) If the board determines that a person has committed an act listed in Section 301.452(b), the board shall enter an order imposing one or...
- Texas Section 301.4531 - Schedule Of Sanctions
(a) The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter. In adopting the schedule...
- Texas Section 301.4535 - Required Suspension, Revocation, Or Refusal Of License For Certain Offenses
Sec. 301.4535. REQUIRED SUSPENSION, REVOCATION, OR REFUSAL OF LICENSE FOR CERTAIN OFFENSES. (a) The board shall suspend a nurse's license or refuse to issue a...
- Texas Section 301.454 - Notice And Hearing
(a) Except in the case of a temporary suspension authorized under Section 301.455 or 301.4551 or an action taken in accordance with an agreement between...
- Texas Section 301.455 - Temporary License Suspension Or Restriction
(a) The license of a nurse shall be temporarily suspended or restricted on a determination by a majority of the board or a three-member committee...
- Texas Section 301.4551 - Temporary License Suspension For Drug Or Alcohol Use
(a) The board shall temporarily suspend the license of a nurse as provided by Section 301.455 if the nurse is under a board order prohibiting...
- Texas Section 301.456 - Evidence
A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action. Acts...
- Texas Section 301.457 - Complaint And Investigation
(a) The board or any person may initiate a proceeding under this subchapter by filing with the board a complaint against a nurse. The complaint...
- Texas Section 301.458 - Initiation Of Formal Charges; Discovery
(a) Unless there is an agreed disposition of the complaint under Section 301.463, if probable cause is found under Section 301.457(e)(2), the board or the...
- Texas Section 301.459 - Formal Hearing
(a) The board by rule shall adopt procedures under Chapter 2001, Government Code, governing formal disposition of a contested case. The State Office of Administrative...
- Texas Section 301.460 - Access To Information
(a) Except for good cause shown for delay and subject to any other privilege or restriction set forth by statute, rule, or legal precedent, the...
- Texas Section 301.461 - Assessment Of Costs
The board may assess a person who is found to have violated this chapter the administrative costs of conducting a hearing to determine the violation....
- Texas Section 301.462 - Voluntary Surrender Of License
The board may revoke a nurse's license without formal charges, notice, or opportunity of hearing if the nurse voluntarily surrenders the nurse's license to the...
- Texas Section 301.463 - Agreed Disposition
(a) Unless precluded by this chapter or other law, the board may dispose of a complaint by: (1) stipulation; (2) agreed settlement; (3) agreed order;...
- Texas Section 301.464 - Informal Proceedings
(a) The board by rule shall adopt procedures governing: (1) informal disposition of a contested case under Section 2001.056, Government Code; and (2) an informal...
- Texas Section 301.465 - Subpoenas; Request For Information
(a) Notwithstanding Section 2001.089, Government Code, the board may request issuance of a subpoena to be served in any manner authorized by law, including personal...
- Texas Section 301.466 - Confidentiality
(a) A complaint and investigation concerning a nurse under this subchapter, all information and material compiled by the board in connection with the complaint and...
- Texas Section 301.467 - Reinstatement
(a) On application, the board may reinstate a license to practice professional nursing or vocational nursing to a person whose license has been revoked, suspended,...
- Texas Section 301.468 - Probation
(a) The board may determine that an order denying a license application or suspending a license be probated. A person subject to a probation order...
- Texas Section 301.469 - Notice Of Final Action
If the board takes a final disciplinary action, including a warning or reprimand, against a nurse under this subchapter, the board shall immediately send a...
- Texas Section 301.470 - Refund
(a) Subject to Subsection (b), the board may order a license holder to pay a refund to a consumer as provided in an agreement resulting...
SUBCHAPTER K ADMINISTRATIVE PENALTY
- Texas Section 301.471 - Emergency Cease And Desist Order
(a) If it appears to the board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under...
- Texas Section 301.501 - Imposition Of Penalty
The board may impose an administrative penalty on a person licensed or regulated under this chapter who violates this chapter or a rule or order...
- Texas Section 301.502 - Amount Of Penalty
(a) The amount of the administrative penalty may not exceed $5,000 for each violation. Each day a violation continues or occurs is a separate violation...
- Texas Section 301.503 - Report And Notice Of Violation And Penalty
(a) If the executive director determines that a violation has occurred, the executive director may issue to the board a report stating: (1) the facts...
- Texas Section 301.504 - Penalty To Be Paid Or Hearing Requested
(a) Not later than the 20th day after the date the person receives the notice, the person may: (1) accept the executive director's determination and...
- Texas Section 301.505 - Hearing
(a) If the person requests a hearing or fails to respond in a timely manner to the notice, the executive director shall set a hearing...
- Texas Section 301.506 - Decision By Board
(a) Based on the findings of fact, conclusions of law, and proposal for decision, the board by order may: (1) find that a violation occurred...
- Texas Section 301.507 - Options Following Decision: Pay Or Appeal
(a) Not later than the 30th day after the date the board's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
- Texas Section 301.508 - Collection Of Penalty
If the person does not pay the penalty and the enforcement of the penalty is not stayed, the executive director may refer the matter to...
- Texas Section 301.509 - Determination By Court
(a) If a court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
- Texas Section 301.510 - Remittance Of Penalty And Interest
(a) If after judicial review, the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1)...
SUBCHAPTER L OTHER PENALTIES AND ENFORCEMENT PROVISIONS
- Texas Section 301.511 - Administrative Procedure
A proceeding under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
- Texas Section 301.551 - Injunction
(a) In addition to any other action authorized by law, the board may institute an action in its name to enjoin a violation of this...
- Texas Section 301.552 - Monitoring Of License Holder
The board by rule shall develop a system for monitoring the compliance of license holders with the requirements of this chapter. Rules adopted under this...
- Texas Section 301.553 - Civil Penalty
(a) A person who violates Section 301.451 or Section 301.251 is liable to the state for a civil penalty not to exceed $1,000 a day....
- Texas Section 301.554 - Criminal Penalty
(a) A person commits an offense if the person violates Section 301.451 or Section 301.251. (b) An offense under Subsection (a) is a Class A...
SUBCHAPTER M ANESTHESIA IN OUTPATIENT SETTING
- Texas Section 301.555 - Appeal
(a) A person against whom the board has taken adverse action under this chapter may appeal to a district court in the county of the...
- Texas Section 301.601 - Definition
In this subchapter, "outpatient setting" means a facility, clinic, center, office, or other setting that is not part of a licensed hospital or a licensed...
- Texas Section 301.602 - Rules
(a) The board by rule shall establish minimum standards for anesthesia services provided in an outpatient setting by a person licensed by the board. (b)...
- Texas Section 301.603 - Applicability
Rules adopted by the board under Section 301.602 do not apply to: (1) an outpatient setting in which only local anesthesia, peripheral nerve blocks, or...
- Texas Section 301.604 - Registration Required
(a) The board shall require each certified registered nurse anesthetist who provides anesthesia services in an outpatient setting to register biennially by applying to the...
- Texas Section 301.605 - Compliance With Rules
(a) A certified registered nurse anesthetist providing anesthesia services in an outpatient setting shall comply with the rules adopted by the board under Section 301.602....
- Texas Section 301.606 - Inspections
(a) The board may conduct inspections to enforce this subchapter, including inspections of the equipment owned or leased by a certified registered nurse anesthetist and...
SUBCHAPTER N CORRECTIVE ACTION PROCEEDING AND DEFERRED ACTION
- Texas Section 301.607 - Requests For Inspection And Advisory Opinions
(a) The board may consider a request by a certified registered nurse anesthetist for an inspection of equipment owned or leased by the nurse anesthetist...
- Texas Section 301.651 - Definitions
In this subchapter: (1) "Corrective action" means a fine or remedial education imposed under Section 301.652. (2) "Deferred action" means an action against a person...
- Texas Section 301.652 - Imposition Of Corrective Action
(a) The board may impose a corrective action on a person licensed or regulated under this chapter who violates this chapter or a rule or...
- Texas Section 301.653 - Report And Notice Of Violation And Corrective Action
If the executive director determines that a person has committed a violation for which a corrective action may be imposed under the guidelines adopted under...
- Texas Section 301.654 - Response
Not later than the 20th day after the date the person receives the notice under Section 301.653, the person may: (1) accept in writing the...
- Texas Section 301.655 - Action Following Response
(a) If the person accepts the executive director's determination and satisfies the recommended corrective action, the case is closed. (b) If the person does not...
- Texas Section 301.6555 - Deferred Action
(a) For any action or complaint for which the board proposes to impose on a person a sanction other than a reprimand or a denial,...
- Texas Section 301.656 - Report To Board
The executive director shall report periodically to the board on the corrective or deferred actions imposed under this subchapter, including: (1) the number of actions...
- Texas Section 301.657 - Effect On Acceptance Of Corrective Or Deferred Action
(a) Except to the extent provided by this section, a person's acceptance of a corrective or deferred action under this subchapter does not constitute an...