TEXAS BOARD OF NURSING OCTOBER 21, 2021

333 Guadalupe Suite 100, Austin, Texas
9:00 AM until all business is concluded

The Texas Board of Nursing posts this notice of its OCTOBER 21, 2021 Video Conference Board Meeting. Video Conference meetings are authorized by Tex. Gov’t Code § 551.127. The President of the Board will be physically present and presiding over the open meeting located at 333 Guadalupe Street, Hobby Building, 1st Floor, Room 100, Austin, Texas. Members of the public may attend the meeting in person at this location. Other members of the Board will be appearing at this meeting virtually.

For members of the public not wishing to view the open meeting in person, 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 Texas Board of Nursing will accept public comments at the OCTOBER 21, 2021, meeting. Members of the public will have opportunity to participate in the meeting as outlined in this notice. Members of the public may appear in person to address the Board during the open meeting at 333 Guadalupe Street, Hobby Building, 1st Floor, Room 100, Austin, Texas.

Public Comment Instructions:

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

Any written comments must be submitted to Public.Comments@bon.texas.gov no later than 12:00 p.m. Tuesday, OCTOBER 19, 2021. Comments will be provided to Board members for review prior to the meeting but will not be read aloud during the public meeting.

Members of the public wishing to address the Board in person during the public meeting will be permitted to do so. Open Forum will be held at 1:00pm on October 21, 2021, at 333 Guadalupe Street, Hobby Building, 1st Floor, Room 100, Austin, Texas. Each speaker will be given no more than three (3) minutes to speak.

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

TEXAS BOARD OF NURSING REGULAR MEETING OCTOBER 21, 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:

CONSENT AGENDA:

1.2.1. Update of Pending Litigation in the Matters of:

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;

Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19-007180, 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; and

Maria Beatrice Salas v. Texas Board of Nursing, Cause No. D-1-GN-20-000326, 419th 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 – 4 TH 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 Virtual Survey Visit – St. Philip’s College in San Antonio and New Braunfels, Texas – Vocational Nursing Education Programs - JHooper

5. 3-2-5.pdf Consideration of Change in Approval Status from Initial Approval to Full Approval – St. Philip’s College in San Antonio, Texas - Associate Degree Nursing Education Program - JHooper

4.1. 4-1.pdf Complaint Status Report – TDiggs

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

2. 5-1-2.pdf Quarterly Statistical Report – 4 TH Quarter, Fiscal Year 2021 - MMajek/KThomas

1. 6-1.pdf Nurse Licensure Compact Update - KThomas

2. 6-2.pdf Consideration of adoption of rule review of 22 Texas Administrative Code Chapter 227 (relating to Pilot Programs for Innovative Applications to Vocational and Professional Nursing Education), including written comments received, if any - JVanderford

1. 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, 4 TH Quarter Fiscal Year 2021 – ALiwanag/JWJohnston




2. 7-2.pdf Fiscal Year 2022 Newly Executed and Renewed Board Contracts- ALiwanag

3. 7-3.pdf Consideration of proposed rule review of 22 Texas Administrative Code Chapter 225 (relating to RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions) - JVanderford

1. Agreed Orders

2. Agreed Orders - KSTAR Program

3. Deferred Agreed Orders

4. Reinstatement Agreed Orders

5. Eligibility Agreed Orders

1. ALJ Default Proposals 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 LVN #202339, Issued to SANDRA AVILA, SOAH Docket No. 507-21-1945- JAbel

   2. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #700839, Issued to HELEN MASEDMAN, SOAH Docket No. 507-21-2377- JAbel

   3. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate LVN #225560, Issued to FERNANDO VALDEZ, SOAH Docket No. 507-21-2284 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:

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;

Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19- 007180, 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; and

Maria Beatrice Salas v. Texas Board of Nursing, Cause No. D-1-GN-20-000326, 419th 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.OPERATIONS

C *2.1. 2-1.pdf Financial Statement – 4 th 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

   
   

3.2 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 Virtual Survey Visit – St. Philip’s College in San Antonio and New Braunfels, Texas – Vocational Nursing Education Programs - JHooper

C *3.2.5. 3-2-5.pdf Consideration of Change in Approval Status from Initial Approval to Full Approval – St. Philip’s College in San Antonio, Texas - Associate Degree Nursing Education Program - JHooper

*3.2.6. 3-2-6.pdf Consideration of Curriculum Change Proposal to Establish a New Pre-Licensure Nursing Track at the Master’s Degree Level – Texas Lutheran University in Seguin, Texas – VAyars

*3.2.7. 3-2-7.pdf Report and Presentations on the Emergence of Partnership Models between Nursing Education Programs and Clinical Settings to Create Opportunities for Clinical Learning Experiences for Students that May Alleviate the Nursing Shortage – JHooper/KBenton

4.ENFORCEMENT

C *4.1. 4-1.pdf Complaint Status Report – TDiggs

1. COMMITTEE REPORTS

   
   

   1. Board Committees

      C *5.1.1. 5-1-1.pdf Eligibility and Disciplinary Committee – JWJohnston

      C *5.1.2. 5-1-2.pdf Quarterly Statistical Report – 4 TH Quarter, Fiscal Year 2021 - MMajek/KThomas

      
      

   2. Advisory Committees/Task Forces

      No Reports

      
      

   3. Collaboration with Outside Agencies/Stakeholders

      
      
      1. 
         

         National Council of State Boards of Nursing

         
         *5.3.1.a. 5-3-1-a.pdf Report on the NCSBN Annual Meeting, Held Virtually August 18-19, 2021 – KShipp/KThomas

         
         

      2. Texas Center for Nursing Workforce Studies Advisory Committee - KThomas OPEN FORUM:

2. OLD BUSINESS

   C *6.1. 6-1.pdf Nurse Licensure Compact Update - KThomas

   
   

   C *6.2. 6-2.pdf Consideration of adoption of rule review of 22 Texas Administrative Code Chapter 227 (relating to Pilot Programs for Innovative Applications to Vocational and Professional Nursing Education), including written comments received, if any - JVanderford

   
   

   *6.3. 6-3.pdf Consideration of adoption of amendments to 22 Texas Administrative Code §213.33 (relating to Factors Considered for Imposition of Penalties/Sanctions), including the Texas Board of Nursing Disciplinary Matrix, and written comments received, if any - JAbel

   
   

   *6.4. 6-4.pdf Consideration of adoption of proposed amendments to 22 Texas Administrative Code §214.4 (relating to Approval), including written comments received, if any- JAbel

   
   

   *6.5. 6-5.pdf Consideration of adoption of proposed amendments to 22 Texas Administrative Code §215.2(4) (relating to Definitions), including written comments received, if any– JAbel

   
   

   *6.6. 6-6.pdf Consideration of adoption of proposed amendments to 22 Texas Administrative Code §215.4 (relating to Approval), including written comments received, if any- JAbel

   
   

   *6.7. 6-7.pdf Consideration of adoption of proposed amendments to 22 Texas Administrative Code §213.28 (relating to Licensure of Individuals with Criminal History), including the Texas Board of Nursing Disciplinary Guidelines for Criminal Conduct, and written comments received, if any)- JAbel

   
   

   *6.8. 6-8.pdf Consideration of adoption of proposed amendments to 22 Texas Administrative Code §217.24(e) (relating to Telemedicine Medical Service Prescriptions), including written comments received, if any- JAbel

   *6.9. 6-9.pdf Consideration of proposal and adoption of rule review of 22 Texas Administrative Code §228.1 (relating to Standards of Practice), including written comments received; consideration of recommendations for related rule amendments to §228.1 made by the Advanced Practice Nursing Advisory Committee; and consideration of proposed amendments to §228.1 – JAbel

   
   

7. NEW BUSINESS

7.1 Texas Peer Assistance Program for Nurses (TPAPN)

**7.1.1. 7-1-1.pdf Texas Peer Assistance Program for Nurses Quarterly Report for the 4 TH Quarter – DWebb/CZolnierek

C *7.1.2. 7-1-2.pdf Texas Peer Assistance Program for Nurses Third Party Referral Report - TDiggs


C *7.1.3. 7-1-3.pdf Texas Peer Assistance Program for Nurses Advisory Committee – DBenbow

C *7.1.4. 7-1-4.pdf TNF/TPAPN Enhanced Contract and Performance Monitoring Report, 4 TH Quarter Fiscal Year 2021 - ALiwanag/JWJohnston

*7.1.5. 7-1-5-PUBLIC.pdf TNF/TPAPN Enhanced Contract and Performance Monitoring Report, Annual Report for FY 2021- ALiwanag




C *7.2. 7-2.pdf Fiscal Year 2022 Newly Executed and Renewed Board Contracts- ALiwanag




C *7.3. 7-3.pdf Consideration of proposed rule review of 22 Texas Administrative Code Chapter 225 (relating to RN Delegation to Unlicensed Personnel and Tasks Not Requiring Delegation in Independent Living Environments for Clients with Stable and Predictable Conditions) - JVanderford




*7.4. 7-4.pdf Consideration of the Fiscal Year 2022 Internal Audit Plan - MRufus/ RGonzales/ MMajek/ KThomas




*7.5. 7-5.pdf Consideration of proposed amendments to 22 Texas Administrative Code §223.1 (relating to Fees) – JAbel/MMajek




*7.6. 7-6.pdf Consideration of proposed amendments to 22 Texas Administrative Code §217.5(h) (relating to Temporary License and Endorsement)- –JAbel




*7.7. 7-7.pdf Consideration of proposed amendments to 22 Texas Administrative Code §213.10 (relating to Notice and Service) - JAbel




*7.8. 7-8.pdf Request for charge to the Advanced Practice Nursing Advisory Committee regarding standards of review and scope of practice for advanced practice registered nurses - JAbel

Adams, John Austin RN# 692132/ LVN# 166149

Berich, Rebecca RN #933599

Campoy, Meredith Elaine LVN# 334579

Cross-Brooks, Patricia Sue RN# 706023

Davis, Hayly RN# 900865

Garcia, Kevin LVN# 351411

Hart, Glenda Marie LVN# 220814

Inzurriaga, Karen APRN# AP132909/ RX# 22233/ RN# 638589

McGurie, Amanda Harper RN# 779772/ APRN Petitioner

Mehne, Haley Christine RN# 940209

Mrozinski, Gregory Norman APRN# AP120455/ RX# 11395/ RN#776714 Rhodes (Wiggins), Kristina Gail LVN# 192383

Robinson, Elsa Maritza RN# 875371

Robinson, Tammy Lynn LVN# 115999

Salinas, Michael Anthony LVN# 154981

Simmons, Sheronica Vangineta LA PTP RN# RN136554/ APRN Petitioner Small, Stacey W. LVN# 303928

Stuckey, Erica Anne RN# 665211

Tobin, Michelle Cherree LVN# 218826

Wiland, Tamara D. LVN# 93639

C *8.2. Agreed Orders-KSTAR Program

Brown, Mary Ellen LVN# 322901

C *8.3. Deferred Agreed Order

Lualaba, Vivi Enkoto RN# 842377

C *8.4. Reinstatement Agreed Orders

Butters, John Burford RN# 667312

Eke-Huber, Esther Akunna APRN# AP118542/ RX# 9867/ RN# 702756

C *8.5. Eligibility Agreed Orders

Mistrot, Jared Blake RN/LVN Exam Petitioner

Terry, Catherine Jean RN Exam Petitioner

1. ALJ Proposals for Decision

   *8.6.1. Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #326454, Issued to CHRISTIANA AKANBI, SOAH Docket No. 507-20-2433- JAbel

   8.6.1.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #326454, Issued to CHRISTIANA AKANBI, SOAH Docket No. 507-20-2433

   
   

   *8.6.2. Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #306716, Issued to AMY BURNS, SOAH Docket No. 507-21-2455- JAbel

   8.6.2.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #306716, Issued to AMY BURNS, SOAH Docket No. 507-21-2455

   
   

   *8.6.3. Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #326589, Issued to AMBER LEE CURETON SOAH Docket No. 507-21-3001- JAbel

   8.6.3.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #326589, Issued to AMBER LEE CURETON, SOAH Docket No. 507-21-3001

   
   

   *8.6.4. Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #177529, Issued to HOSSEIN RAHROAHMADI, JR SOAH Docket No. 507-21-1518- JAbel

   8.6.4.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: Certificate #177529, Issued to HOSSEIN RAHROAHMADI, JR SOAH Docket No. 507-21-1518

   
   

   *8.6.5. Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Petition of Reinstatement of Certificate #214306, Issued to KIMBERLY WILLIAMS, SOAH Docket No. 507-21-3004- JAbel

   8.6.5.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Petition of Reinstatement of Certificate #214306, Issued to KIMBERLY WILLIAMS, SOAH Docket No. 507-21-3004

   
   

2. ALJ Default Proposal for Decision Remands

C *8.7.1. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate LVN #202339, Issued to SANDRA AVILA, SOAH Docket No. 507-21-1945- JAbel

8.7.1.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate LVN #202339, Issued to SANDRA AVILA, SOAH Docket No. 507-21-1945

C *8.7.2. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #700839, Issued to HELEN MASEDMAN, SOAH Docket No. 507-21-2377- JAbel

8.7.2.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #700839, Issued to HELEN MASEDMAN, SOAH Docket No. 507-21-2377

C *8.7.3. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate LVN #225560, Issued to FERNANDO VALDEZ, SOAH Docket No. 507-21-2284 JAbel

8.7.3.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate LVN #225560, Issued to FERNANDO VALDEZ, SOAH Docket No. 507-21-2284

9.MISCELLANEOUS

*9.1. Review of the Board Quarterly Meeting Evaluation – KShipp

*9.2. 9-2.pdf Board Meeting, Eligibility and Disciplinary Committee Meeting and Informal Conference Dates for 2022 – KThomas/PVCabrera

*9.3. 9-3.pdf Appointment of Board Members to BON Committees for 2022 - KShipp

October 7, 2021 (10:54AM)

* - Written materials Sent from Office

** - Written materials Sent from third party

C - Item is placed on consent (no discussion of the material(s) required)