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Discipline & Complaints - Policies & Guidelines

Guidelines for Physical and Psychological Evaluations

The Board is authorized under the Occupations Code §301.4521 to require an individual to submit to an evaluation if the Board has probable cause to believe that the individual is unable to practice nursing safely because of a physical or mental impairment or due to chemical dependency or the abuse of drugs or alcohol. The Board may also request that an individual submit to an evaluation under the Occupations Code §301.4521 if an individual's prior criminal history, unprofessional conduct, or lack of good professional character is relevant to the determination of the individual's present fitness to practice nursing.

On July 22, 2010, the Board first adopted Guidelines for Physical and Psychological Evaluations in order to inform licensees, applicants, petitioners, and the public about the Board's requirements and procedures regarding physical and psychological evaluations under the Nursing Practice Act (the Occupations Code Chapter 301), including the criteria for approving evaluators. The Guidelines were amended on July 23, 2015. All evaluators must be approved prior to performing evaluations, and the Board maintains the following lists of approved evaluators:

Evaluators seeking approval to perform evaluations must complete and submit the applicable evaluator approval request form. An evaluator should submit a separate approval request form for each type of evaluation the evaluator wishes to perform. Further, all evaluators must seek renewal of their approval at least every two (2) years.

Disciplinary Sanction Policies

The Board has developed four (4) Disciplinary Sanction Policies pertaining to substance use disorders and other alcohol and drug related conduct; lying and falsification; sexual misconduct; and fraud, theft, and deception. The policies address issues that arise in eligibility and disciplinary matters under Texas Occupations Code ยง301.452(b) and Rules 213.27, 213.28, and 213.29 and attempt to clarify the Board's reasoning and the application and logic underlying the existing rules.

Disciplinary Guidelines for Criminal Conduct

Adopted Disciplinary Matrix

Alternative Options to Traditional Discipline

In certain situations, a less punitive alternative to traditional discipline may be appropriate. The Board has adopted several, non-traditional disciplinary options that enable an individual to remediate his/her past conduct/practice deficiencies under less restrictive conditions.

  Board Rule Discipline? Public? Criteria & Requirements
Corrective Action 213.32 NO NO No prior discipline; single violation that equates to the level of a traditional Remedial Education Order or below
Deferred Discipline Order 213.34 YES YES, for a minimum of 5 years and until requirements are completed; then becomes confidential under state law, but not federal law No prior discipline; violation(s) that equates to the level of a traditional Warning with Stipulations Order or below; may encompass multiple violations on same order; not available to resolve eligibility issues; other exclusions specified in Board Rule
KSTAR Pilot (available as a stipulation, in lieu of traditional supervisory stipulations) 213.35 YES YES No prior discipline; violation(s) that equates to the level of a traditional Warning with Stipulations Order or below, including a Deferred Discipline Order at that level; may encompass multiple violations in one order; not available to resolve eligibility issues; other exclusions specified in Board Rule. It is a pilot adopted by the Board in October 2014 and must be approved by the Board in order to continue beyond a two year period

 

Guidelines to Exceptions to Existing Board Orders

Should you have further questions or are in need of clarification, please feel free to contact the Board.