Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 11 - TEXAS BOARD OF NURSING
Chapter 213 - PRACTICE AND PROCEDURE
Section 213.34 - Deferred Discipline
Current through Reg. 49, No. 12; March 22, 2024
(a) Deferred discipline may be imposed by the Board as specified in this rule.
(b) The opportunity to enter into a deferred disciplinary 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.
(c) Deferred discipline will be available for:
(d) Violations of the Nursing Practice Act and/or Board rules involving sexual misconduct, criminal conduct, intentional acts, falsification, deception, or substance use disorder will not be eligible for resolution through deferred discipline.
(e) Deferred discipline will not be available to:
(f) A deferred disciplinary order will be available to the public for a minimum of three years and until such time as an individual successfully completes all of the conditions required by the deferred disciplinary order and the originating complaint is dismissed by the Board. After such time, the deferred disciplinary order will become confidential to the same extent that a complaint is confidential under the Occupations Code § 301.466.
(g) If an individual fails to comply with a condition required by a deferred disciplinary order or if a subsequent complaint is filed against an individual during the pendency of the deferred disciplinary order, the Board will stay the dismissal of the originating complaint pending the resolution of the subsequent complaint. If the subsequent complaint is proposed for resolution through a disciplinary action under the Occupations Code Chapter 301, Subchapter J, the Board will not dismiss the originating complaint, and the Board may treat the deferred disciplinary order as prior discipline when considering the imposition of a disciplinary sanction.