Current through Reg. 50, No. 13; March 28, 2025
A corrective action may be imposed by the Board as specified
in the following circumstances.
(1)
For purposes of this section only, corrective action has the meaning assigned
by the Occupations Code §
301.651. A
corrective action imposed under this section is not a disciplinary action under
the Occupations Code Chapter 301, Subchapter J.
(2) Pursuant to the Occupations Code §
301.652, the Board
may impose a corrective action for the first occurrence of each of the
following violations:
(A) practice on a
delinquent license for more than six months but less than one year;
(B) failure to comply with continuing
competency requirements;
(C)
failure to assure licensure/credentials of personnel for whom the nurse is
administratively responsible;
(D)
failure to provide employers, potential employers, or the Board with complete
and accurate answers to either oral or written questions on subject matters
including, but not limited to: employment history, licensure history, and
criminal history;
(E) failure to
comply with Board requirements for change of name/address;
(F) failure to develop, maintain, and
implement a peer review plan according to statutory peer review
requirements;
(G) failure of an
advanced practice registered nurse to register for prescriptive authority in an
additional role and population focus area, where the advanced practice
registered nurse otherwise meets all requirements for prescriptive authority as
specified in Chapter 222 of this title (relating to Advanced Practice
Registered Nurses With Prescriptive Authority); and
(H) other violations of the Nursing Practice
Act and/or Board rules that are appropriate for resolution at the sanction
level of Remedial Education, Remedial Education with a Fine, or a Fine, in
accordance with the Board's Disciplinary Matrix.
(3) An individual will not be eligible for a
corrective action if the individual has committed more than one of the
violations listed in paragraph (2) of this section. If a fine is imposed by the
Board as part of a corrective action under paragraph (2) of this section, the
amount of the fine shall be $500.
(4) The opportunity to enter into an agreed
corrective action order is at the sole discretion of the Executive Director as
a condition of settlement by agreement and is not available as a result of a
contested case proceeding conducted pursuant to the Government Code Chapter
2001. An agreed corrective action will not be available to an individual who is
practicing nursing in Texas on a nurse licensure compact privilege.
(5) A fine, with or without remedial
education stipulations, may be imposed in a disciplinary matter for the
following violations in the following amounts:
(A) practice on a delinquent license for more
than six months but less than two years:
(i)
first occurrence: $250;
(ii)
subsequent occurrence: $500;
(B) practice on a delinquent license for two
to four years:
(i) first occurrence:
$500;
(ii) subsequent occurrence:
$1,000;
(C) practice on
a delinquent license more than four years: $1,000 plus $250 for each year over
four years;
(D) failure to comply
with continuing competency requirements:
(i)
first occurrence: $250;
(ii)
subsequent occurrence: $500;
(E) failure to comply with mandatory
reporting requirements:
(i) first occurrence:
$250 - $500;
(ii) subsequent
occurrence: $500 - $1,000;
(F) failure to assure licensure/credentials
of personnel for whom the nurse is administratively responsible:
(i) first occurrence: $250 - $500;
(ii) subsequent occurrence: $500 -
$1,000;
(G) failure to
provide employers, potential employers, or the Board with complete and accurate
answers to either oral or written questions on subject matters including but
not limited to: employment history, licensure history, criminal history:
(i) first occurrence: $250 - $800;
(ii) second occurrence: $500 -
$1,000;
(H) failure to
report unauthorized practice:
(i) first
occurrence: $250 - $500;
(ii)
subsequent occurrence: $500 - $1,000;
(I) failure to comply with Board requirements
for change of name/address:
(i) first
occurrence: $250;
(ii) subsequent
occurrence: $300;
(J)
failure to develop, maintain and implement a peer review plan according to
statutory peer review requirements:
(i) first
occurrence: $250 - $1,000;
(ii)
subsequent occurrence: $500 - $1,000;
(K) failure to file, or cause to be filed,
complete, accurate and timely reports required by Board order: $250 for first
occurrence;
(L) failure to make
complete and timely compliance with the terms of any stipulation contained in a
Board order: $250 for first occurrence;
(M) failure to report patient abuse to the
appropriate authority of the State of Texas, including but not limited to,
providing inaccurate or incomplete information when requested from said
authorities:
(i) first occurrence:
$500;
(ii) second occurrence:
$1,000 - $5,000; and
(N)
other non-compliance with the NPA, Board rules or orders which does not involve
fraud, deceit, dishonesty, intentional disregard of the NPA, Board rules, Board
orders, harm or substantial risk of harm to patients, clients or the public:
(i) first occurrence: $250 - $500;
(ii) subsequent occurrence: $500 -
$1,000.
(6)
The following violations may be appropriate for disposition by fine in
conjunction with one or more of the penalties/sanctions contained elsewhere in
the Board's rules:
(A) violations other than
those listed in paragraphs (2) and (5) of this section:
(i) first occurrence: $250 -
$1,000;
(ii) subsequent occurrence:
$500 - $1,000; and
(B) a
cluster of violations listed in paragraphs (2) and (5) of this section: $250 -
$5,000.
(7) The
executive director is authorized to dispose of violations listed in paragraphs
(2) and (5) of this section without ratification by the Board. The executive
director shall report such cases to the Board at its regular
meetings.
