VIDEOCONFERENCE MEETING APRIL 22, 2021

9:00 AM until all business is concluded

The Texas Board of Nursing posts this notice of its APRIL 22, 2021 Video Conference Board Meeting. Video Conference meetings are authorized by Tex. Gov’t Code § 551.127. On March 13, 2020, the Governor of the State of Texas certified COVID-19 as posing an imminent threat of disaster to the public health and safety and declared a state of disaster in all counties of Texas. On March 16, 2020, due to the declared COVID-19 disaster, the Governor of the State of Texas suspended certain provisions of the Texas Open Meetings Act including those that require government officials and members of the public to be physically present at a specified meeting location and authorized virtual open meetings in an effort to reduce non-essential in-person contact. The Governor’s disaster declaration has been renewed each month since March and was last renewed on March 6, 2021. Accordingly, the Texas Board of Nursing will hold a public meeting by videoconference.

The public will have the opportunity to view the meeting. The meeting will be broadcast on the Board of Nursing’s YouTube channel at: https://www.youtube.com/channel/UCRKoEkhMeL_IzZkpKDBe01Q.

Additionally, a link to the meeting will be provided at: https://www.bon.texas.gov/boardmeeting.asp.

The public will have opportunity to participate and may participate in the meeting as outlined in this notice.

Public Comment Instructions:

Please note: The public comment portion of the agenda is not a time to speak about pending cases.

The Texas Board of Nursing will accept public comments at the APRIL 22, 2021 public meeting. Written comments must be submitted to Public.Comments@bon.texas.gov no later than 12:00

p.m. Tuesday, APRIL 20, 2021. Comments will be provided to Board members for review prior to the meeting but will not be read aloud during the public meeting.

If you wish to address the Board during the public meeting, please provide your contact information to Public.Comments@bon.texas.gov by 12:00 p.m. Tuesday, APRIL 20, 2021. During the meeting, you will receive an email with a link and a phone number to join the meeting. You will be given no more than three (3) minutes to speak. Ensure that you have a reliable connection and are clearly audible during your call.

The Board President may reduce the time provided for public comments based on the number of requests received.

Email request for Public Comment must include:

• Agenda Item or Specific Topic

• Name

• Telephone Number and/or Email Address

• Please indicate whom you are representing, ex., attorney, yourself or other

Failure to provide the information requested directly above could result in your comment being delayed or taken out of order.

REGULAR MEETING
via VIDEOCONFERENCE
APRIL 22, 2021

AGENDA

Section 46.035 of the Texas Penal Code prohibits handgun licensees from carrying their handguns at government meetings such as this one. This prohibition applies to both concealed carry and open carry by handgun licensees. Handgun licensees are required by law to refrain from carrying their handguns at this meeting.

CALL TO ORDER - 9:00 am

REVIEW OF AGENDA

REVIEW OF THE MINUTES: January 21, 2021 Board Meeting Minutes

February 25, 2021 Emergency Meeting Minutes

CONSENT AGENDA:

1.2.1. Update of Pending Litigation in the Matters of:

Ex Parte Brian Zalesky, Cause No. D-1-EX-09-000516, 427th Judicial District Court, Travis County, Texas; Adaku Charity Abakwue v. Texas Board of Nursing, Cause No. D-1-GN-19002934, 250th Judicial District Court, Travis County, Texas;

Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19-008365, 345th Judicial District Court, Travis County, Texas;

Rene Dominguez v. Texas Board of Nursing, Cause No. D-1-GN-19-007343, 353rd Judicial District Court, Travis County, Texas;

Dovie L. Williams, RN, v. Texas Board of Nursing, Cause No. D-1-GN-19-008240, 98th Judicial District Court, Travis County, Texas;

Maria Beatrice Salas v. Texas Board of Nursing, Cause No. D-1-GN-20-000326, 419th Judicial District Court, Travis County, Texas;

Planned Parenthood Center For Choice, et. al. v. Greg Abbott, Ken Paxton, Phil Wilson, Stephen Brint Carlton, Katherine A. Thomas, Margaret Moore, Joe Gonzales, John Creuzot, Jaime Esparza, Kim Ogg, Ricardo Rodriguez, Jr., Barry Johnson, Sharen Wilson, Brian Middleton, AU:20-CV-003230LY, United States District Court, Western District of Texas, Austin Division;

In Re: Texas Opioid Litigation,201,8-63587, MDL No. 18-0358, 152nd Judicial District, Harris County, Texas; Jose Orlando Diaz v. Texas Board of Nursing, Cause No. D-1-GN-20-002488, 126th Judicial District Court, Travis County, Texas

The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to §551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in these Matters

2.1. 2-1.pdf Financial Statement – 2ND Quarter, Fiscal Year 2021 - MMajek/LPerez

1. 3-1-1.pdf Promoting Continuing Competency Report – LLaws/TSherman

2. 3-1-2.pdf Report on Implementation of the Knowledge Skills Training Assessment and Research (KSTAR) Nursing Program – KBenton/SCaddell

1. 3-2-1.pdf Status Report on New Nursing Education Programs and Currently Active and Potential Proposals - JHooper

2. 3-2-2.pdf Status Report on Programs with Sanctions - JHooper

3. 3-2-3.pdf Report on Communication Activities with Nursing Education Programs – JHooper/VAyars

4. 3-2-4.pdf >Consideration of Findings from A Virtual Survey Visit – Hill College in Hillsboro, Texas – Associate Degree Nursing Education Program – GVarnell

5. 3-2-5.pdf Consideration of Change in Approval Status from Initial Approval to Full Approval - The College of Health Care Professions in Houston, Texas – Vocational Nursing Education Program – BSkloss

6. 3-2-6.pdf Consideration of Change in Approval Status from Full Approval with Warning to Full Approval - Bell Tech Career Institute in Houston, Texas – Vocational Nursing Education Program – BSkloss

7. 3-2-7.pdf Report of 2020 NCLEX-PN® Examination Pass Rates for Vocational Nursing Education Programs – BSkloss

8. 3-2-8.pdf Consideration of Change in Approval Status From Full Approval with Warning to Full Approval and Report of Survey Visit – Vista College in El Paso, Texas – Vocational Nursing Education Program - VAyars

3.2.9 3-2-9.pdf Notification of Closure of a Nursing Education Program – West Coast University in - Dallas, Texas - Associate Degree Nursing Education Program – GVarnell

4.2. 4-2.pdf Complaint Status Report – TDiggs

5.1.1. 5-1-1.pdf Eligibility and Disciplinary Committee - JWJohnston

5.3.2. 5-3-2.pdf Texas Health and Human Services Commission e-Health Advisory Committee – EMcDermott

1. 7-1-1.pdf Texas Peer Assistance Program for Nurses (TPAPN)

   1. 7-1-2.pdf Texas Peer Assistance Program for Nurses Third Party Referral Report – TDiggs

   2. 7-1-3.pdf Texas Peer Assistance Program for Nurses Advisory Committee – DBenbow

   3. 7-1-4.pdf TNF/TPAPN Enhanced Contract and Performance Monitoring Report, 2ND Quarter Fiscal Year 2021 – ALiwanag/JWJohnston
      

2. 7-2.pdf Review of the Health Professions Council Annual Report for Fiscal Years 2019 and 2020 - KThomas

1. Agreed Orders

2. Agreed Orders - KSTAR Program

3. Deferred Agreed Orders

4. Reinstatement Agreed Orders

5. Eligibility Agreed Orders

1. ALJ Default Proposal for Decision Remand

   1. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #919578, Issued to KELLY ELIZABETH AMES, SOAH Docket No. 507-20-4645 - JAbel

   2. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #559548, Issued to MARY ELLEN BERNARDY, SOAH Docket No. 507-20-4421 - JAbel

8.7.4. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #336964, Issued to STEPHANIE LAUGHLIN, SOAH Docket No. 507-21-0702 - JAbel

1.ADMINISTRATION

*1.1. 1-1.pdf Executive Director’s Report – KThomas

1.2. Legal - JWJohnston

C *1.2.1. Update of Pending Litigation in the Matters of:

Ex Parte Brian Zalesky, Cause No. D-1-EX-09-000516, 427th Judicial District Court, Travis County, Texas;

Adaku Charity Abakwue v. Texas Board of Nursing, Cause No. D-1-GN-19002934, 250th Judicial District Court, Travis County, Texas;

Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19- 008365, 345th Judicial District Court, Travis County, Texas;

Rene Dominguez v. Texas Board of Nursing, Cause No. D-1-GN-19-007343, 353rd Judicial District Court, Travis County, Texas;

Dovie L. Williams, RN, v. Texas Board of Nursing, Cause No. D-1-GN-19-008240, 98th Judicial District Court, Travis County, Texas;

Maria Beatrice Salas v. Texas Board of Nursing, Cause No. D-1-GN-20-000326, 419th Judicial District Court, Travis County, Texas;

Planned Parenthood Center For Choice, et. al. v. Greg Abbott, Ken Paxton, Phil Wilson, Stephen Brint Carlton, Katherine A. Thomas, Margaret Moore, Joe Gonzales, John Creuzot, Jaime Esparza, Kim Ogg, Ricardo Rodriguez, Jr., Barry Johnson, Sharen Wilson, Brian Middleton, AU:20-CV-003230LY, United States District Court, Western District of Texas, Austin Division;

In Re: Texas Opioid Litigation,201,8-63587, MDL No. 18-0358, 152nd Judicial District, Harris County, Texas;

Jose Orlando Diaz v. Texas Board of Nursing, Cause No. D-1-GN-20-002488, 126th Judicial District Court, Travis County, Texas

The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to

§551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in these Matters.

*1.3. 1-3.pdf 2021 Legislative Update – KThomas/BHolter

2.OPERATIONS

C *2.1. 2-1.pdf Financial Statement – 2ND Quarter, Fiscal Year 2021 - MMajek/LPerez

3.NURSING

1. Practice

   C *3.1.1. 3-1-1.pdf Promoting Continuing Competency Report – LLaws/TSherman

   
   

   C *3.1.2. 3-1-2.pdf Report on Implementation of the Knowledge Skills Training Assessment and Research (KSTAR) Nursing Program – KBenton/SCaddell

   
   

2. Education

C *3.2.1. 3-2-1.pdf Status Report on New Nursing Education Programs and Currently Active and Potential Proposals – JHooper

C *3.2.2. 3-2-2.pdf Status Report on Programs with Sanctions - JHooper

C *3.2.3. 3-2-3.pdf Report on Communication Activities with Nursing Education Programs – JHooper/VAyars

C *3.2.4. 3-2-4.pdf Consideration of Findings from A Virtual Survey Visit – Hill College in Hillsboro, Texas – Associate Degree Nursing Education Program – GVarnell

C *3.2.5. 3-2-5.pdf Consideration of Change in Approval Status from Initial Approval to Full Approval - The College of Health Care Professions in Houston, Texas – Vocational Nursing Education Program – BSkloss

C *3.2.6. 3-2-6.pdf Consideration of Change in Approval Status from Full Approval with Warning to Full Approval

- Bell Tech Career Institute in Houston, Texas – Vocational Nursing Education Program –

BSkloss

C *3.2.7. 3-2-7.pdf Report of 2020 NCLEX-PN® Examination Pass Rates for Vocational Nursing Education Programs – BSkloss

C *3.2.8. 3-2-8.pdf Consideration of Change in Approval Status From Full Approval with Warning to Full Approval and Report of Survey Visit – Vista College in El Paso, Texas – Vocational Nursing Education Program - VAyars

C *3.2.9. 3-2-9.pdf Notification of Closure of a Nursing Education Program – West Coast University in - Dallas, Texas - Associate Degree Nursing Education Program – GVarnell

*3.2.10. 3-2-10.pdf Consideration of Change in Approval Status from Full Approval with Warning to Conditional Approval - Wharton County Junior College in Wharton, Texas – Vocational Nursing Education Program – BSkloss