Texas Administrative Code
Title 22 - EXAMINING BOARDS
Part 11 - TEXAS BOARD OF NURSING
Chapter 213 - PRACTICE AND PROCEDURE
Section 213.35 - Targeted Assessment and Remediation Pilot Program
Current through Reg. 50, No. 13; March 28, 2025
(a) This section is authorized by Texas Occupations Code § 301.1605(a) and § 301.453. Any pilot program approved by the Board after the final adoption of this rule will continue for a period not to exceed two years from the approval date. The pilot program approved by the Board may be extended upon an approval of a written application submitted to the Board.
(b) The purpose of this rule is to evaluate the effectiveness of innovative remediation programs that are designed to target deficiencies in nurse practice competencies of licensed practitioners and provide effective and efficient remediation as an alternative method of discipline. An applicant for approval is encouraged to develop a comprehensive and individualized assessment of nurse practice competency based on identified violations of the Nursing Practice Act (NPA) and targeted remedial education to correct identified deficiencies in order to ensure minimum competency. Additionally, the pilot program may wish to develop an alternative extensive orientation program consistent with § 217.6(b) of this title (relating to Failure to Renew License) and § 217.9(g) of this title (relating to Inactive and Retired Status) that will evaluate and remediate nurses who wish to re-enter practice after prolonged absences. The design of any alternative extensive orientation will focus on evidence-based assurance of minimum nurse competency before returning to practice.
(c) Approval of the pilot program provider is within discretion of the Executive Director and any provider must be able to meet the requirements of this rule.
(d) Any order issued in association with an approved pilot program will be considered a method of discipline pursuant to Texas Occupations Code § 301.453 or § 301.6555 and will be considered public information subject to all reporting requirements of disciplinary actions under federal and state laws.
(e) Participation in an approved pilot program will only be through an agreed order and the opportunity to enter into a pilot program order is at the sole discretion of the Executive Director.
(f) Each nurse will be responsible for the entire cost of participation in the pilot program. Each nurse subject to a pilot program order must:
(g) The pilot program provider approved under this rule should be capable of meeting the following requirements:
(h) Every pilot program order shall require the person subject to the order to participate in a program of education and study that will include a course in nursing jurisprudence and ethics.
(i) If the individualized assessment identifies further violations of the Nursing Practice Act, including inability to practice nursing safely, further disciplinary action may be taken based on such results in the assessments.
(j) In order for a nurse to be eligible to participate in a pilot program order, the individual shall have no prior disciplinary history with the Board.
(k) A pilot program order will only be available:
(l) Violations involving sexual misconduct, criminal conduct, intentional acts, falsification, deception, chemical dependency, or substance abuse will not be eligible for resolution through a pilot program action under the pilot program.
(m) If an individual fails to comply with a probationary stipulation required by the pilot program order or if a subsequent complaint is filed against an individual during the pendency of the pilot program order, the Board may treat the pilot program action as prior disciplinary action when considering the imposition of a disciplinary sanction.
(n) The outcome and effectiveness of any pilot program will be monitored and evaluated by the Board to ensure compliance with the criteria of this rule and obtain evidence that research goals are being pursued.
(o) The Board may contract with a third party to perform the monitoring and evaluation of any program approved under this rule.